You're riding your motorcycle down a congested Milwaukee highway, watching the traffic crawl ahead of you. It’s bumper-to-bumper traffic, but there's a narrow space between the lanes of stopped vehicles. It's tempting to ride between the rows of cars to get ahead—a practice known as lane-splitting. But is it legal in Wisconsin? More importantly, is it safe?
At Hupy and Abraham, our Wisconsin motorcycle accident attorneys have advocated for injured riders for over 50 years. We understand the unique challenges motorcyclists face on the road and the devastating injuries that can result from a crash. While lane-splitting may seem like a convenient way to beat traffic, it's crucial to consider the legality and risks before riding between lanes.
What Is Lane-Splitting?
Lane-splitting refers to the practice of motorcyclists riding between rows of stopped or slow-moving vehicles, typically in congested traffic situations. It's also known as lane sharing, white-lining, or stripe-riding. The practice is controversial, with arguments on both sides about its safety and whether it should be legal.
Proponents argue that lane-splitting can reduce traffic congestion, decrease rider fatigue, and prevent motorcycles from overheating in stop-and-go traffic. Many proponents are pushing for more states to legalize this practice. Critics maintain that it's inherently dangerous, as it places motorcycles in close proximity to larger vehicles with little room for error. Unexpected lane changes, opening car doors, and startled drivers can easily lead to collisions.
Is Lane-Splitting Legal in Wisconsin?
Under current Wisconsin law and guidelines for proper operation of motorcycles, lane-splitting is illegal. Wisconsin Statute 346.595 states that "no person shall drive a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles." The statute also prohibits riding more than two motorcycles side by side in the same lane.
Motorcyclists who choose to lane-split in Wisconsin risk receiving a traffic citation and fines. More critically, engaging in this illegal practice can significantly impact any personal injury claim arising from a related accident.
Lane-Splitting Laws in Neighboring States
While Wisconsin prohibits lane-splitting, it's worth noting that laws vary in neighboring states:
- Illinois. Lane-splitting is illegal under 625 ILCS 5/11-703, which requires motorcycles to be driven in a single lane.
- Iowa. Iowa Code 321.275 prohibits motorcyclists from lane-splitting, with exceptions for law enforcement and emergency vehicles.
- Michigan. Lane-splitting is not explicitly prohibited but is generally considered illegal under MCL 257.660, which requires vehicles to stay within a single lane.
- Minnesota. Minnesota Statute 169.974 prohibits motorcyclists from operating between lanes of traffic.
California remains the only U.S. state where lane-splitting is explicitly legal when done safely. In 2016, Assembly Bill 51 legally defined lane-splitting and authorized the California Highway Patrol to develop safety guidelines for the practice.
How Does Lane-Splitting Affect Fault in a Wisconsin Motorcycle Accident?
If a motorcyclist is lane-splitting at the time of their accident, it can significantly impact their ability to recover compensation for injuries and damages. Since the practice is illegal in Wisconsin, the rider may be considered partially or fully at fault for the collision, even if another driver also acted negligently.
Wisconsin follows a modified comparative negligence rule, meaning that an injured party can recover damages as long as they are not more than 50% at fault for the accident. However, their compensation is reduced by their assigned percentage of fault. For example, if a lane-splitting motorcyclist is found 20% at fault, their damages would be reduced by 20%.
Moreover, if the motorcyclist's lane-splitting is determined to be a substantial factor in causing the accident, they may be barred from recovering any compensation at all. This could leave the rider facing significant medical expenses, lost income, pain and suffering, and other damages without any financial recourse.
Staying Safe on Wisconsin Roads
While beating traffic may be appealing, Wisconsin motorcyclists should avoid lane-splitting. The legal and financial risks simply outweigh any potential time savings. Instead, riders can stay safe by following these tips:
- Maintain a safe following distance, giving yourself space to react to sudden stops.
- Wear high-visibility gear to make yourself more noticeable to other drivers.
- Use caution when riding alongside stopped vehicles, watching for opening doors or unexpected lane changes.
- Consider alternate routes or traveling during off-peak hours to avoid congested traffic.
Advocating for Injured Wisconsin Motorcyclists
If you are involved in a motorcycle accident, it's crucial to speak with an experienced attorney who understands the unique aspects of these cases. At Hupy and Abraham, our firm of Wisconsin motorcycle accident lawyers have a proven track record of success in helping injured riders recover the compensation they deserve. We thoroughly investigate each case, working to demonstrate the other party's negligence and counter any allegations of share fault.
With over $2 billion secured for more than 80,000 clients, our firm has the resources and expertise to handle even the most complex motorcycle accident claims. We believe that every client deserves the best possible representation and should receive every dollar they are entitled to under the law. As part of our mission to "do well by doing good," we are committed to both advocating for injured riders and promoting motorcycle safety throughout the communities we serve.
