Can I Recover Compensation for a Lane-Splitting Motorcycle Accident?

 Posted on August 14, 2026 in Motorcycle Accident

You may still be able to recover compensation after a lane-splitting motorcycle accident in Illinois. Lane-splitting itself is illegal in the state. However, the other driver's negligence can still make them partially or fully responsible for the crash.

If you were hurt in a lane-splitting accident in 2026, our Orland Park personal injury lawyer can help you understand your options. Attorney Khaled Issa has litigated well over 100 contested issues. His experience ranges from pretrial motions and constitutional motions to bench trials and jury trials. This is in both criminal defense and personal injury cases. Start by talking to him about the details of your case.

Is Lane-Splitting Legal in Illinois?

Under 625 ILCS 5/11-703, a driver of a two-wheeled vehicle may not pass between vehicles traveling in the same direction unless there is an unobstructed lane available to make the maneuver safely. This generally prohibits lane-splitting in Illinois.

This law will come into play if you're injured while lane-splitting. It can affect how fault is assigned in your accident. But it doesn't automatically mean you're completely barred from recovering compensation.

A driver who changed lanes without signaling, opened a car door into traffic, or was otherwise negligent can still bear significant responsibility for the crash. This is true even if you were lane-splitting at the time.

How Does Illinois Handle Fault in Motorcycle Accident Cases?

Illinois follows a comparative negligence system under 735 ILCS 5/2-1116. This means you can still recover compensation even if you were partially at fault for an accident. Your share of fault just can’t be more than 50 percent. If it is, you're barred from recovering any compensation at all.

Lane-splitting can certainly be used as evidence of your own negligence, which may reduce the compensation you receive. It doesn't automatically prevent you from pursuing a claim, though.

How Does Comparative Negligence Affect Your Settlement Amount?

Say you're found 30 percent at fault for lane-splitting, and the other driver is found 70 percent at fault due to their own negligent driving. Your compensation would be reduced by your percentage of fault. A $100,000 settlement would be reduced to $70,000 under this scenario. This reflects your own contribution to the accident.

What Evidence Helps Prove the Other Driver's Fault?

Building a strong case after a lane-splitting accident requires evidence showing that the other driver's negligence contributed significantly to the crash. Helpful evidence includes:

• Traffic camera or dashcam footage showing how the accident occurred
• Witness statements describing the other driver's actions leading up to the crash
• The police accident report, including any citations issued to the other driver
• Photos of vehicle damage and the accident scene
• Cell phone records showing whether the other driver was distracted at the time

Your attorney will help you gather the evidence for proving fault and for proving any losses you claim.

What Types of Driver Negligence Commonly Cause These Motorcycle Accidents?

Several types of negligent driving behavior commonly contribute to accidents involving lane-splitting motorcyclists. Common examples include drivers changing lanes without checking mirrors or blind spots. Drivers texting or otherwise distracted behind the wheel are another common cause. Drivers opening car doors into traffic without checking for approaching motorcycles also contribute to these accidents.

Identifying the specific negligent behavior that contributed to your accident is often central to building a case. This can shift a significant portion of fault away from your own lane-splitting.

What Should You Do After a Lane-Splitting Motorcycle Accident?

Motorcycle crashes often cause serious injuries, so getting medical care right away is critical. Adrenaline can mask pain from broken bones, road rash, or internal injuries that aren't obvious in the moment. While you're being treated, ask someone to gather contact information from witnesses and take photos of the scene, including vehicle positions and road conditions.

Don't give a statement to the other driver's insurance company before talking to an attorney. These companies often look for ways to pin more blame on the motorcyclist, especially when severe injuries mean a larger payout is at stake.

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

Illinois generally requires injury victims to file a personal injury lawsuit within two years of the date of the accident, under the Illinois Code of Civil Procedure, 735 ILCS 5/13-202. Keep in mind that the sooner you take action, the better. These cases rely on evidence that can disappear or fade away. With an attorney, you can focus on healing while an experienced legal representative takes care of the case for you.

Contact Our Orland Park, IL Motorcycle Accident Attorney for a Free Consultation

At Issa Law, LLC, we handle personal injury cases on a contingency fee basis. This means you pay nothing upfront and only owe fees if we win compensation for you. We understand how frustrating it can feel to have your own actions scrutinized after an accident. Our goal is to build a strong case that reflects the full picture of what happened.

Contact Issa Law, LLC at 708-966-2408 to talk to our Orland Park personal injury lawyer today.