You are riding through a massive jam on I-93 near the TD Garden, and you decide to move between rows of stopped cars to get past the standstill. If a driver suddenly flings open a door or jerks their wheel into you, the insurance company will scream that you broke the law.
While Lane Splitting in Boston Traffic remains illegal in Massachusetts, it does not automatically stop you from recovering money for your injuries. A car accident lawyer at Altman-Nussbaum-Shunnarah Trial Attorneys works alongside our team to fight to prove that the driver’s reckless actions caused the crash, regardless of your position on the road.
We focus on the facts to minimize your fault and hold the negligent parties accountable for the harm they caused. Liability refers to the legal responsibility for an accident, and it rarely belongs entirely to one person.
Even if you were filtering through traffic, the other driver still has a duty to look before changing lanes or opening a door. We pursue the money you need by showing that the driver’s failure to signal or check their mirrors was the primary cause of the collision.
Core Concepts
- Massachusetts law under Massachusetts General Laws Chapter 89 Section 4A explicitly prohibits motorcycles from operating between lanes of traffic or passing in the same lane as another vehicle.
- An illegal act like lane splitting creates a presumption of negligence, but it does not bar a survivor from seeking damages if the other driver was also at fault.
- The state uses a modified comparative negligence system where a rider can recover money as long as their share of the blame is 50 percent or less.
- Proving that a car driver failed to use a turn signal or check a blind spot can shift the majority of the liability away from the motorcycle rider.
- Insurance adjusters use the illegality of lane splitting to pressure riders into accepting low settlements or nothing at all.
These points explain the legal reality that breaking a traffic rule is just one factor in a complex injury case.
The Legal Reality of Lane Splitting in Massachusetts
In many states, riders use lane splitting to stay safe in heavy traffic, but Massachusetts remains strict. According to Massachusetts General Laws Chapter 89 Section 4A, motorcycles must stay within a single lane and cannot pass between rows of vehicles.
When a crash happens while you are between lanes, the insurance company for the other driver will try to use this statute to end your case immediately.
- The law requires all motorists to stay in their designated lane unless it is safe to move.
- Moving between lanes is a civil motor vehicle infraction, but it is not a criminal act.
- We argue that the violation of this statute is merely evidence of negligence, not the sole cause of the crash.
Our team focuses on the specific mechanics of the accident to show that the driver’s recklessness was the bigger problem. We do not let the insurance company use a traffic ticket to hide the fact that their driver was distracted or aggressive. We hold every person on the road to their duty of care.
Comparative Fault and the 51 Percent Bar
The biggest battle in a lane splitting case in Boston Traffic involves the rule of modified comparative negligence. This rule, found in Massachusetts General Laws Chapter 231 Section 85, determines if you get paid based on your percentage of fault.
Fault is the portion of blame you carry for the incident.
- If a jury finds you are 51 percent responsible for the crash because you were lane splitting, you receive $0.
- If we prove the other driver is 60 percent responsible because they made an illegal lane change, you can still recover 40 percent of your damages.
- Damages include the money needed for your hospital bills, lost wages, and physical pain.
Insurance adjusters will always try to pin 100 percent of the blame on you because you were the one breaking the lane-splitting rule.
We fight back by showing that the driver’s failure to use their eyes and their mirrors was a much more dangerous choice. We rely on reports in car accidents to help demonstrate what happened and work to push your fault percentage as low as possible to protect the money you need for your future.
Proving the Driver’s Duty of Care
Every driver in the city has a duty of care, a legal obligation to avoid actions that could harm others. This duty remains in place even if another person is breaking a traffic rule.
If a driver is sitting in traffic on Storrow Drive and decides to suddenly whip their car into the next lane without looking, they have failed in their duty.
- We look for evidence that the driver was using a phone or looking at a GPS at the moment of impact.
- Our team secures witness statements from other people stuck in traffic who saw the driver move without signaling.
- We demonstrate that the driver had plenty of time to see you if they had checked their mirrors correctly.
A driver cannot just claim they did not see you because you were lane splitting. If you were there to be seen, they had a duty to see you. Our attorneys use this argument to force the insurance company to acknowledge their client’s role in the crash.
The Right Turn Squeeze and Lane Filtering
In tight urban areas like the North End or Downtown, riders often filter to the front of the line at a red light. This is technically a form of lane splitting. If a truck or car turns right and crushes you because it did not check its side, it may have caused a car accident through negligent driving.
We call this a squeeze accident, and it often results in catastrophic injuries.
- Truck drivers have massive blind spots, but they also have extra mirrors and technology to see you.
- We prove the driver failed to clear their path before beginning their turn.
- Our team holds the trucking company liable for the driver’s failure to manage their vehicle safely in city traffic.
We do not let the defense argue that you shouldn’t have been there. We focus on the fact that the driver moved a heavy vehicle into a space they did not verify was empty. This aggressive approach helps us win cases that other firms might turn away.
Actions to Take After a Lane-Splitting Crash
Once you are home from the hospital and recovering from your injuries, you must protect your claim. The insurance company is already building a case to prove you are 100 percent at fault.
You must act with urgency to gather information that supports your side of the story.
- Save the helmet and riding gear you wore during the crash, as the damage proves the angle and force of the hit.
- Keep a record of every medical appointment and the pain you feel each day in a journal.
- Avoid talking to the other driver’s insurance adjuster, as they will try to get you to admit you were breaking the law.
Our team takes over the communication so you can focus on your health after a car accident. We gather the evidence needed to show the jury that while you may have been between lanes, the driver’s recklessness was the real cause of your injuries. We hold the negligent parties responsible for the physical and financial damage they caused.
FAQs
Can I get a ticket and still win a personal injury case?
Yes, receiving a citation for lane splitting does not end your civil case for damages. A ticket is evidence of a rule violation, but the jury still looks at the actions of both parties to determine who was more at fault. We have successfully recovered money for clients who received a ticket at the scene by proving the other driver was even more negligent.
What if the driver intentionally tried to block me or opened a door?
If a driver intentionally moves their car or opens a door to stop a lane-splitting rider, they are moving from negligence into intentional harm or assault. This behavior is a serious violation of the law and can lead to punitive damages, which is money meant to punish the defendant. We pursue these drivers with extreme aggression to hold them accountable for their dangerous choices.
How does the insurance company prove I was lane splitting?
They rely on the police report, witness statements, and the location of the damage on the vehicles. If your bike hit the side of a car while you were moving between lanes, they will use that as proof. We counter this by looking for evidence of the driver’s sudden move or failure to signal that made the collision unavoidable.
Will lane splitting affect the value of my motorcycle?
Property damage claims follow the same fault rules as injury claims. If you are found 20 percent at fault for the crash, the insurance company will only pay for 80 percent of the repairs to your bike. We fight to minimize your fault in both the injury and the property damage parts of your case.
Does the no-fault rule apply to these accidents?
In Massachusetts, motorcycles are excluded from the Personal Injury Protection system, so no-fault rules do not apply to your medical bills. You must rely on your health insurance or a lawsuit against the at-fault driver. This allows us to sue for pain and suffering without needing to meet the $2,000 medical bill threshold required in car-only accidents.
Put a Fighter in Your Corner to Beat the Insurance Company
The insurance company wants to use a traffic rule to avoid its responsibilities. We do not let them hide behind your mistakes to cover up their own driver’s recklessness.
At Altman-Nussbaum-Shunnarah Trial Attorneys, we have recovered over $1,000,000,000 for our clients because we know how to win the tough battles. We take on the big corporations and demand the accountability you deserve.
Contact Our Boston Trial Attorneys for a Free Consultation
If you were injured while lane splitting, do not assume you have no case. Reach out to our team at Altman-Nussbaum-Shunnarah Trial Attorneys for a free case evaluation to hear the truth about your rights.
We handle the investigation and the courtroom fight so you can focus on your life and your family. Contact us today and let us start building an aggressive case to recover the money you need.
