How Lane Splitting Affects Fault In Maryland
When a motorcycle crash occurs, one of the most critical issues in the legal process is determining fault. This becomes especially complicated when the crash involves lane splitting, when a motorcyclist rides between lanes of slow-moving or stopped traffic. In Maryland, lane splitting is explicitly prohibited by law, which can significantly impact how liability is determined in a personal injury claim.
At Antezana & Antezana LLC, we’ve represented injured motorcyclists across Maryland for over two decades. Our family-owned law firm recovers more than $30 million annually for our clients. We seek maximum compensation in every case and are deeply committed to giving each client the attention they deserve. If you were hurt while lane splitting, our knowledgeable Germantown, MD motorcycle accident lawyer can help you understand your legal rights and options.
Know Maryland’s Law On Lane Splitting
In Maryland, lane splitting is illegal. According to Maryland Transportation Code § 21-1303, a motorcyclist must not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. Maryland motorcycle accident laws are clear and leave little room for interpretation. Riding between lanes can result in traffic citations and be used against a rider in an accident claim.
Because of this, insurance companies will often argue that lane splitting is automatic evidence of negligence. However, this does not necessarily bar an injured motorcyclist from receiving compensation. If another driver behaved recklessly or failed to follow traffic laws, they could still be held liable for causing or contributing to the crash.
Understanding Maryland’s Contributory Negligence Rule
Maryland follows the pure contributory negligence doctrine, one of the strictest standards in the country. Under this rule, if the injured party is found to be even 1% at fault, they are barred from recovering any damages.
This makes motorcycle cases involving lane splitting particularly difficult. An insurer may argue that by lane splitting, the rider contributed to their own injuries—even if the other driver was speeding, distracted, or changing lanes illegally. Because of this harsh rule, it is essential to build a case that places 100% of the fault on the other party.
Our skilled personal injury attorney can analyze and gather evidence, obtain traffic camera footage, and use expert testimony to support the rider’s claim and fight back against unfair allegations of partial fault.
Highlighting The Other Driver’s Negligence
Even if you were lane splitting, that does not automatically mean you caused the crash. Our lawyers have helped motorcyclists recover compensation in cases where the other driver’s actions were clearly negligent, such as:
- Failing to signal before changing lanes
- Driving while texting or distracted
- Swerving or weaving in traffic without caution
- Driving under the influence of drugs or alcohol
- Not checking blind spots before merging
Our legal team investigates every detail of the crash to uncover who truly caused the accident. Just because lane splitting occurred doesn’t mean you forfeit your rights—especially if another driver violated the law or acted recklessly.
Get Help After A Lane Splitting Crash
Motorcycle crashes involving lane splitting are complicated and often biased against the rider. At Antezana & Antezana LLC, we understand the uphill battle these cases present and we’re ready to fight for you. Our personal injury have over 20 years of experience and we are dedicated to maximizing compensation for all injuries. If you’ve been injured in a Maryland motorcycle accident, don’t wait to get legal help. Our team offers free consultations and handles all cases on a contingency fee basis—you don’t pay unless we win. Contact us today to speak with our seasoned Maryland motorcycle accident attorney and get the support you need.
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