How to Prove Negligence in a Motorcycle Accident Involving Lane Splitting
Motorcycle accidents can happen in a matter of seconds, and when lane splitting is involved, the aftermath often gets more challenging for everyone involved. In Pennsylvania, lane splitting isn't legally permitted.
If a crash involves a motorcyclist weaving between lanes, fault becomes a critical question. As auto accident attorneys, we know firsthand how difficult it can be to prove negligence in these cases, especially when one or both parties dispute what happened.
Here, our auto accident attorneys in Altoona, Pennsylvania, will take a closer look at how to prove negligence in motorcycle accidents.
What Pennsylvania Law Says About Lane Splitting
Unlike in California, where lane splitting is technically allowed under certain conditions, Pennsylvania law doesn't permit it. Motorcyclists are expected to follow the same traffic laws as other drivers and occupy a single lane at a time.
According to 75 Pa.C.S. § 3523, lane splitting isn't only discouraged — it's considered a traffic violation. That distinction provides drivers and injured parties with a basis for arguing fault when lane splitting results in a crash.
When a motorcyclist chooses to ride between lanes, they may be perceived as acting recklessly. However, that perception alone isn't always sufficient to establish liability. The legal standard for negligence must still be met.
The Four Elements of Negligence
In Pennsylvania personal injury law, negligence involves four key elements:
Duty – This means they were expected to take precautions to prevent harm to others. Whether driving, maintaining property, or providing services, individuals must meet a standard of conduct to assure others' safety.
Breach – That party breached their duty by acting or failing to act in a way a reasonable person would. This could include distracted driving, ignoring safety protocols, or failing to maintain a safe environment. Proving a breach requires showing how the defendant's behavior fell short of expected standards.
Causation – The breach directly caused the crash and the resulting injuries. There must be a clear link between the negligent act and the harm suffered by the victim. Without this connection, liability may be difficult to establish.
Damages – The victim suffered measurable harm (medical bills, lost wages, pain, etc.). These losses must be documented through evidence like medical records, employment statements, or testimony. Without demonstrable damages, a negligence claim may not be successful.
Proving all four elements is essential. Regardless of whether the injured party is a motorcyclist or another driver, solid evidence is necessary to build a strong argument.
When the Motorcyclist Is at Fault
If the injured party is another driver, and the motorcyclist was lane splitting when the crash occurred, it could be argued that the biker acted in an unsafe manner. Since Pennsylvania law prohibits lane splitting, doing so may be considered a breach of duty.
For example, consider a scenario where a motorcyclist tries to squeeze between two vehicles during slow traffic on I-76. If one of the cars attempts to switch lanes, unaware of the motorcycle between lanes, and the two collide, the motorcyclist may still be at fault.
This is because the motorcyclist wasn't in a location where another driver would reasonably expect them to be. That action likely constitutes a breach of duty.
In such a situation, building a strong case may with an auto accident attorney involve gathering witness testimony, traffic camera footage, and police reports that document the motorcyclist's behavior. A clear timeline can help demonstrate how the crash occurred and support the argument that lane splitting caused the collision.
When the Motorcyclist Is the Victim
It’s easy to assume that the motorcyclist is always at fault in these cases, but that’s not always true. Even if the biker was lane splitting, another driver could still be partially or mostly to blame.
For example, if a driver abruptly changes lanes without signaling or checking their blind spot and strikes a motorcyclist between lanes, it may be argued that the driver’s sudden movement was negligent. Even though the biker wasn't following the law by lane splitting, that doesn't give other drivers the right to act without caution.
Pennsylvania follows a modified comparative negligence rule. This means the injured party can still recover damages as long as they were less than 51% at fault. If the court finds the biker was 30% responsible and the driver was 70% responsible, the motorcyclist can still recover compensation, though it would be reduced by their percentage of fault.
A thorough evaluation of both parties’ actions is essential. Factors such as driver distractions, blind spot monitoring systems, speed, road conditions, and traffic flow may all influence the outcome.
Gathering Evidence to Support a Negligence Claim
The strength of any negligence case lies in the evidence. Acting quickly to secure key information is critical, as some evidence can disappear over time. The following types of evidence are commonly used in motorcycle lane-splitting cases:
Police reports that describe how the crash occurred and who may have been cited
Dash cam or surveillance footage showing the position of vehicles and the motorcyclist before the impact
Eyewitness statements from nearby drivers or pedestrians
Accident reconstruction experts to simulate how the crash likely occurred
Medical records that link injuries directly to the crash
Photos of skid marks, damage to vehicles, or injuries
This evidence is essential to proving each element of negligence and supporting the injured party’s right to financial recovery.
Overcoming Bias Against Motorcyclists
It’s no secret that motorcyclists face bias after an accident. Many people automatically assume they were speeding, swerving, or taking unnecessary risks. That bias can influence how police write reports, how insurance adjusters evaluate claims, and how juries assign fault.
Challenging these assumptions is an important part of building a fair case. Not all motorcyclists are reckless; many are careful, experienced drivers. In cases involving injured motorcyclists, presenting evidence that highlights their experience, proper use of safety gear, and consistent habits as cautious drivers can be essential.
When appropriate, testimony from industry professionals may help explain motorcycle handling, stopping distances, and traffic conditions, demonstrating that the rider acted reasonably, even if lane splitting occurred.
Injuries Common in Lane-Splitting Accidents
Motorcyclists rarely walk away from crashes without injuries. Even with a helmet and protective clothing, they’re more exposed than drivers in a car or truck. Some of the most common injuries we see in these accidents include:
Traumatic brain injuries
Road rash and severe skin abrasions
Broken bones (especially legs, ribs, and wrists)
Spinal injuries
Internal organ damage
Injured individuals are encouraged to document every aspect of their medical treatment, therapy, and long-term care needs. This documentation is crucial for supporting a damages claim and for establishing a clear connection between the injuries and the crash, a key requirement in any negligence case.
Timelines Matter in Motorcycle Accident Cases
In Pennsylvania, the statute of limitations for most personal injury claims, including those involving motorcycles, is two years from the date of the crash. While that may seem like ample time, delays can significantly weaken a case. Witness memories fade, camera footage may be erased, and important documents can go missing.
It's advisable to contact an auto accident attorney as soon as possible. Early involvement allows for a more thorough investigation and a stronger case.
Contact an Auto Accident Attorney Today
As auto accident attorneys, we take pride in building honest, fact-driven cases that help our clients recover and move forward. We help folks throughout the Blair County area, including Tyrone, Frankstown, Hollidaysburg, Williamsburg, Gallitzin, Cresson, Claysburg, Huntingdon, and Bellwood. Call Goldstein Heslop Steele Clapper Oswalt & Smith today.