Can I Sue if I Was Riding My Motorcycle Between Lanes When I Got Hit?

 Posted on October 24, 2026 in Motorcycle Accidents

Riding between lanes, often called lane splitting, doesn’t automatically stop you from suing after a motorcycle accident in Illinois.

Illinois lets you recover damages as long as you’re not more than 50 percent at fault. Lane splitting may count against you when fault is assigned, but the other driver’s actions still matter. If they changed lanes without looking or opened a door into traffic, they may carry much of the blame.

If you were hurt while riding between lanes in 2026, a McHenry County, IL motorcycle accident lawyer can review what happened and explain whether you have a claim.

Is Lane Splitting Legal in Illinois?

Illinois doesn’t have a law that specifies "lane splitting," but the state’s traffic rules are generally read to prohibit it. Under 625 ILCS 5/11-709(a), a vehicle on a marked multi-lane road must stay as nearly as practicable within a single lane. Another rule, 625 ILCS 5/11-703(c), specifies that two-wheeled vehicles passing one vehicle on the left can’t also pass another on the right unless there’s an open lane to do it safely.

Unlike some states, Illinois hasn’t passed a law that allows passing between lanes, even in slow or stopped traffic. Lane filtering, which means moving between stopped cars at a light, is generally treated the same way under these rules.

Can You Still Recover Damages if You Were Lane Splitting During an Accident in Illinois?

You may still be able to recover damages, but they could be reduced. Illinois uses a modified comparative fault rule. If a jury finds you more than 50 percent at fault, you can’t recover anything. If you’re 50 percent at fault or less, your damages are reduced by your share of the blame. A jury will still look at what the other person did and how much it contributed to the accident.

Damages in a motorcycle accident case can include things like medical bills, lost wages, repair or replacement of your bike, and pain and suffering.

How Is Fault Decided When a Motorcyclist Is Hit While Riding Between Lanes?

Final assignment of fault often depends on the details of the accident. These can include:

• How fast traffic was going
• How fast you were going compared with the cars around you
• Whether the driver changed lanes without signaling or checking their mirrors
• Whether the driver was texting or otherwise distracted
• Whether a door was opened into your path

The single-lane rule in 11-709(a) applies to drivers as well. A driver must make sure a lane change can be made safely before moving over. If a driver swerved into you without looking, it can weigh heavily against them.

Dashcam video, traffic cameras, photos of the vehicles, and witness statements help show what happened. Be careful about what you say to the other driver’s insurance company, as anything you say that implies fault or minimizes your injuries may be used to reduce your damages.

The driver’s insurance company will typically want to put as much blame on you as possible to reduce their payout, criticizing everything you did related to the accident. However, Illinois does not require motorcyclists to wear helmets, and courts generally do not allow helmet nonuse to be used as evidence of comparative negligence or to reduce damages. Even if a helmet could have prevented some of your injuries, failing to wear one does not establish legal fault.

How Long Do You Have to File a Motorcycle Accident Lawsuit in Illinois?

In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Illinois (735 ILCS 5/13-202). Shorter deadlines may apply if a government vehicle or public employee was involved. Missing the deadline can mean losing the right to sue, even if the other driver was mostly at fault.

Call a Lake Zurich, IL Motorcycle Accident Lawyer Today

Riding between lanes may affect how much you can recover, but it doesn’t bar you from having a case. Getting legal help early gives you time to establish what the other driver did to contribute to the accident.

Our McHenry County, IL personal injury attorneys are a father-and-daughter team local to Illinois with over 25 years of combined personal injury law experience. We can help with everything from collecting evidence to managing negotiations with the insurance company.

We offer free consultations. Call Salvi Law, Inc. at 847-796-8448 today to schedule.