Is Lane Splitting Legal
in New York?

Understanding Lane Splitting, Lane Filtering & Lane Sharing

These three terms are frequently confused — even by attorneys and insurers. Understanding the distinction is essential because New York treats each one differently under the law.

For a shorter overview of these concepts, see our blog post Is Lane Splitting Legal in NY?, which covers the basics. This resource page goes deeper into the legal consequences, case law, and insurance implications.

The Law: VTL § 1252 Deep Dive

New York’s prohibition on lane splitting is codified in Vehicle & Traffic Law § 1252 (“Operation of motorcycles”). The key provisions are:

§ 1252. Operation of motorcycles

(a) Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.

(b) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

(c) Motorcycles shall not be operated more than two abreast in a single lane.

(d) No person operating a motorcycle shall overtake and pass in the same lane occupied by the vehicle being overtaken.

Subsection (b) is the core lane-splitting prohibition. The language is intentionally broad: it covers riding between “lanes of traffic” (lane splitting on highways) and riding between “adjacent lines or rows of vehicles” (lane filtering at intersections or in stopped traffic). There is no exception for traffic speed, congestion level, or road type.

Subsection (d) further reinforces the ban by prohibiting overtaking and passing within the same lane as another vehicle. Together, these provisions leave no legal room for lane splitting or filtering on any New York road.

What This Means in Practice

In practice, enforcement varies. NYPD and Long Island police departments regularly cite motorcyclists for lane splitting, particularly on congested corridors like the Long Island Expressway (I-495), the Brooklyn-Queens Expressway (BQE), the Southern State Parkway, and the FDR Drive. The violation is treated as a moving violation with points, and police have been publicly vocal that lane splitting will not be tolerated in NYC.

From a liability standpoint, the statute creates a powerful weapon for insurance companies. When a motorcyclist is lane splitting at the time of an accident, insurers cite VTL § 1252 to argue comparative negligence — that the rider’s own illegal conduct contributed to or caused the collision.

State-by-State Comparison: Where Is Lane Splitting Legal?

As of 2026, only California permits full lane splitting in moving traffic. Several other states have legalized a more limited practice — lane filtering — which allows motorcycles to move between stopped vehicles under specific speed and condition restrictions.

What Happens If You Lane Split and Get in an Accident?

This is where the rubber meets the road — literally. If you’re injured while lane splitting in New York, you face a complex legal situation that hinges on New York’s pure comparative negligence system.

New York’s Pure Comparative Negligence (CPLR § 1411)

Under CPLR § 1411, a plaintiff’s recovery is reduced by their percentage of fault, but they are never completely barred from recovery. This is critical for lane-splitting motorcyclists: even if you were violating VTL § 1252, you can still recover damages if the other party was also negligent.

However, the VTL § 1252 violation gives insurers and defense attorneys powerful ammunition to argue that a significant portion of the fault lies with you. Here’s how this plays out in practice:

Hypothetical Scenarios: Fault Percentage Breakdowns

Case Law: How New York Courts Handle Lane-Splitting Liability

New York appellate courts have addressed motorcycle lane positioning and comparative fault in several decisions. These cases establish important precedents for how fault is allocated when a rider’s VTL § 1252 violation intersects with another driver’s negligence.

Caro v. Chesnick, 155 AD3d 2017 (1st Dept. 2017) — Lane Splitting as Sole Proximate Cause

This is the leading New York appellate decision directly addressing motorcycle lane splitting. The plaintiff’s decedent was riding his motorcycle on the Cross Bronx Expressway, lane-splitting and weaving in and out of lanes at a speed exceeding other vehicles in stop-and-go traffic. He struck the rear of a motor vehicle in the center lane, was thrown from his motorcycle to the left lane, and was run over by a tractor-trailer’s rear wheels.

The First Department affirmed summary judgment dismissing the complaint, holding that the decedent’s negligent motorcycle operation — specifically, the illegal lane splitting — was the cause of the accident. Critically, the court held that even though the tractor-trailer was unlawfully in the left lane at the time of the accident, “there is no evidence in the record that would support a finding that the statutory violation was a proximate cause of the accident. The presence of the tractor-trailer in the left lane merely furnished the condition that led to decedent’s death, and was not a proximate cause of the accident.”

Williams v. Foster, 2023 NY Slip Op (2d Dept. 2023) — Motorcycle Rider’s Sole Proximate Cause

In this Second Department decision from December 2023, a motorcycle rider collided with a vehicle making a left turn at an intersection in Mount Vernon. The defendant testified she had activated her left turn signal half a block before the intersection, was traveling in the left lane, and was more than three-quarters through her left turn when the motorcycle struck the left rear quarter panel of her vehicle. The rider testified he could not remember how the accident occurred.

The court reversed the trial court’s denial of summary judgment and granted judgment for the defendant, finding the motorcycle rider’s negligence was the “sole proximate cause of the accident.” The rider’s later affidavit contradicting his deposition testimony was rejected as a “feigned issue of fact.”

Bell v. Brown, 2017 NY Slip Op 05898 (3d Dept. 2017) — Surviving Summary Judgment

In this Third Department case, a motorcycle rider leading a group in staggered formation struck the rear of a stopped vehicle after the van ahead swerved to avoid it. The defendant argued the rider’s rear-end collision established prima facie negligence. While the court agreed the rear-end collision shifted the burden to the rider, it found triable issues of fact survived because witnesses testified the defendant “stopped dead in the road” without adequate warning, contradicting the defendant’s claim of a proper turn-signal stop.

The Negligence Per Se Doctrine: Martin v. Herzog and VTL Violations

Under the Court of Appeals’ foundational ruling in Martin v. Herzog (228 NY 164 [1920]), a violation of a Vehicle & Traffic Law provision constitutes negligence per se — negligence as a matter of law. This means that if you were lane splitting in violation of VTL § 1252 at the time of an accident, the violation itself establishes your negligence. The only remaining question is whether that negligence was a proximate cause of the accident and how fault should be allocated under comparative negligence.

Conversely, the same doctrine protects motorcyclists: in Elfe v. Roman (2d Dept. 2023), the Second Department held that a driver’s unsafe lane change in violation of VTL § 1128(a) constituted negligence per se, granting summary judgment to the plaintiff. The driver’s claim that he “briefly glanced” before changing lanes did not raise a factual question sufficient to defeat the motion. This principle directly applies when a driver’s negligent lane change strikes a motorcycle — even one that may be lane splitting.

How Insurance Companies Use VTL § 1252 Against You

Insurance adjusters are trained to use lane-splitting violations as a primary tool to reduce payouts. Here’s the typical defense strategy:

1. Immediate fault attribution — The adjuster obtains the police report and highlights the VTL § 1252 violation, framing the rider as the primary cause of the accident.
2. Recorded statement traps — Adjusters ask leading questions in recorded statements designed to get you to admit you were between lanes, establishing the violation on your own testimony.
3. Lowball initial offers — Using the statutory violation as leverage, insurers make early settlement offers at 30–50% of actual damages, hoping you’ll accept before consulting an attorney.
4. Comparative negligence inflation — Defense attorneys argue for the maximum possible fault allocation to the rider, sometimes claiming 80%+ even when the other driver was clearly negligent.

An experienced personal injury attorney can counter these strategies by gathering evidence of the other driver’s negligence, obtaining dashcam or traffic camera footage, and presenting expert accident reconstruction testimony that accurately allocates fault.

Penalties for Lane Splitting in New York

No-Fault Insurance Implications for Motorcyclists

This is where the Law Office of Jason Tenenbaum’s expertise is uniquely relevant. With over 100,000 no-fault cases handled, we understand the intersection of New York’s no-fault system and motorcycle accidents better than virtually any firm in the state.

Motorcycles Are Excluded from No-Fault

Here’s a critical fact that most competitors and even some attorneys get wrong: motorcycles are excluded from New York’s no-fault insurance system under Insurance Law § 5103(a).

What this means in practice:

• No automatic PIP benefits — Unlike car accident victims who automatically receive up to $50,000 in Personal Injury Protection (PIP) benefits regardless of fault, motorcyclists receive none. You must establish fault to recover medical expenses.
• No “serious injury” threshold barrier — The flip side: because motorcycles are outside the no-fault system, you do not need to meet the “serious injury” threshold under Insurance Law § 5102(d) to sue for pain and suffering. Any injury resulting from negligence is actionable.
• Traditional fault-based liability applies — Motorcycle accident claims follow standard negligence principles. You must prove the other party was at fault, and your recovery is subject to comparative negligence reduction under CPLR § 1411.
• Health insurance becomes primary — Without PIP coverage, your personal health insurance or UM/UIM motorcycle coverage becomes the primary source for initial medical expense coverage while your claim is pending.

For a comprehensive overview of how New York’s no-fault system works (and why it doesn’t apply to motorcycles), see our New York No-Fault Insurance Law Guide.

What to Do If You’re Hit While Lane Splitting

If you’re involved in a motorcycle accident while lane splitting — or even if you weren’t but the other party claims you were — take these steps immediately. The actions you take in the first 24–72 hours can make or break your case.

For more detailed guidance, see our complete guide: What to Do After a Motorcycle Accident.

You can also use our free settlement calculator to get a preliminary estimate of your case value based on your injuries and damages.