Who Is At Fault In A Lane Splitting Accident?

After a motorcycle accident involving lane splitting, fault is often one of the first issues that insurance companies raise. Because lane splitting is illegal in Michigan, insurance companies often focus on that fact from the start. What begins as a traffic violation can quickly become the centerpiece of the entire claim.

The problem is that fault is not always as straightforward as it first appears. A motorcyclist may have been lane splitting, but another driver may have changed lanes without looking, failed to signal, or made an unsafe maneuver. At the same time, a driver struck by a lane-splitting motorcyclist may face questions from insurers about how the crash happened.

At Matz Injury Law, we help clients understand how fault is evaluated after Michigan motorcycle accidents. Our accident attorneys examine the evidence, analyze how comparative fault may apply, and challenge insurance company conclusions that are not supported by the facts. Even when lane splitting is involved, the outcome of a claim often depends on far more than the citation itself.

Is Lane Splitting Illegal in Michigan?

Yes. Lane splitting, or riding a motorcycle between two lanes of traffic moving in the same direction, is illegal in Michigan. Under MCL 257.660(5), a motorcycle rider may only use a lane that is fully open and unoccupied. Passing between vehicles in adjacent lanes, slipping between stopped cars at a light, or running the shoulder are all violations under the same provision.

Does Lane Splitting Mean the Motorcyclist Is Always at Fault?

No. A lane-splitting citation is one piece of evidence, but it does not determine the outcome of an insurance claim or lawsuit by itself.

Michigan follows a modified comparative fault system under MCL 600.2959, which assigns each party a percentage of fault based on their actions leading up to the collision. That percentage directly affects the damages available.

A person who is more than 50% responsible for a crash cannot recover non-economic damages, including pain and suffering. If their share of fault is 50% or less, they may still recover compensation, but the award is reduced in proportion to their responsibility. For example, a motorcyclist found 30% responsible for a crash could still recover 70% of their damages.

How Fault Is Determined After a Lane-Splitting Crash?

Fault after a lane-splitting crash depends on evidence, not on the first call with the adjuster. While the police report often shapes the insurance company’s initial assessment, it does not determine liability by itself. Investigators may also consider:

• Dashcam footage from any vehicle in the crash or nearby
• Traffic camera or business security footage near the intersection
• Statements from witnesses who saw the maneuver and the moments before
• Vehicle damage patterns and skid mark analysis
• Accident reconstruction by a qualified engineer

Much of this evidence does not stay available for long. Security camera files often overwrite within days, witnesses can become difficult to locate, and vehicles may be repaired or scrapped before a thorough evaluation.

A motorcycle accident lawyer can help preserve evidence and build a more complete picture of how the crash occurred. Contact the team at Matz Injury Law as soon as possible.

What If You’re the Driver Who Was Hit?

If a lane-splitting motorcyclist collides with your vehicle, two separate claims may come into play.

1. The first is your no-fault claim. Regardless of who caused the crash, your own auto insurance generally pays eligible personal injury protection (PIP) benefits, including accident-related medical expenses, lost wages, and replacement services.
2. The second is a potential pain-and-suffering claim against the motorcyclist. Unlike PIP benefits, this claim requires you to prove that your injuries meet Michigan’s legal threshold for a third-party lawsuit. In most cases, that means showing the crash caused death, serious permanent disfigurement, or a serious impairment of an important body function.

An attorney can help you gather evidence and pursue compensation beyond available no-fault benefits. Because fault often becomes a central issue in lane-splitting accidents, witness statements, video footage, vehicle damage, and accident reconstruction evidence can all play an important role in determining liability and the value of a claim.

What If You’re the Motorcyclist?

Even if you were lane splitting when the crash occurred, you may still have legal rights. While lane splitting can affect how fault is allocated, it does not automatically make you fully responsible for the collision.

Motorcyclists may qualify for no-fault PIP benefits after a crash involving a motor vehicle, even if they were lane splitting. Depending on the applicable insurer and available benefits, those benefits may include medical expenses, lost wages, and replacement services.

You may also have a pain-and-suffering claim against the other driver if your injuries meet Michigan’s legal threshold. Since lane splitting is illegal, you may receive some percentage of fault. As long as that fault is 50% or less, you may be able to pursue compensation.

A motorcycle accident lawyer can help evaluate the facts of your case and fight against any unfair fault assignments. At Matz Injury Law, we can analyze the evidence to determine what fault other parties had, even though you were lane splitting.

Why Matz Injury Law for Your Michigan Motorcycle Accident Case

Steven Matz founded Matz Injury Law in 1977. Since then, we have recovered more than $300 million for injury clients across the state. Those results often come from understanding how Michigan’s no-fault system treats motorcycle riders differently, how insurers assign fault in multi-vehicle crashes, and how to build the documentation that makes a disputed claim harder to deny.

If you are facing a fault dispute after a motorcycle, car or truck accident, the lawyers at Matz Injury Law can help. Whether you were the rider who was lane splitting or the driver hit, we can evaluate the facts of your case and help you pursue any compensation available under Michigan law.

Our contingency fee is just 22%, not the standard 33⅓%, and you pay nothing unless we recover for you. Reach out for a free consultation today.

Client Testimonials

“Jared Matz of Matz Injury Law is an excellent attorney. He is very knowledgeable, and I would highly recommend him to anyone needing assistance in matters of law. He goes above and beyond for his clients and has a wonderful caring attitude.” — Carl R.

“I had an amazing experience working with Steve and his practice. Whenever I needed any help, he was right there to help. He even came to my house to discuss my case with me when I was bedridden! His dedication and professionalism truly made a difference. One of the best parts is he takes 22% not 33%!! I would highly recommend Matz Injury Law to anyone in need of legal assistance. Thanks again to Steve and his practice. You truly made this process simple and stress free for me!” — Grant B.

“Matz Injury Law was the best decision I have made. Steve has been so helpful through this whole process and always there for me and my husband. He made everything quick and easy! I would highly recommend Matz Injury Law.” — Linda N.

Frequently Asked Questions About Lane Splitting Fault in Michigan

Is Lane Splitting a Criminal Offense in Michigan?

No. Lane splitting is a civil traffic infraction, not a criminal offense. A citation can be considered when insurance companies or juries evaluate fault, but it does not create a criminal record or result in jail time.

Can I Still Pursue a Claim If I Was Lane Splitting When the Crash Happened?

Yes. Michigan’s comparative fault rules do not automatically bar recovery because a motorcyclist was lane splitting. If you are 50% or less at fault, you may still recover damages, although any award will be reduced by your percentage of responsibility.

What If the Motorcyclist Who Hit Me Had No Insurance?

Your eligibility for no-fault benefits generally does not depend on whether the motorcyclist carried insurance. Depending on the circumstances and your policy, uninsured motorist coverage may also provide compensation for injuries and other losses.

How Long Do I Have to File a Claim After a Motorcycle Crash in Michigan?

Michigan generally gives injured people three years to file a personal injury lawsuit. However, no-fault claims are subject to separate notice and filing deadlines. Because important deadlines can vary, it is best to investigate your legal options as soon as possible.

Ready to Discuss Your Michigan Motorcycle Accident Case?

Fault disputes often become the central issue in lane-splitting accidents, and insurance companies do not always get the analysis right. Whether you were the motorcyclist or the driver involved in the crash, we can help.

Matz Injury Law has represented injured Michigan residents for nearly five decades. Contact us today for a free consultation to discuss your case and legal options. Call 866-226-6833 or use our contact form.