Lane splitting is illegal, and in New Mexico, that illegality hands the other driver’s insurer an effective argument to slash your compensation. Can lane splitting cause shared liability? Yes. Can you still walk away with a meaningful settlement? That depends on the facts and how well you fight back.
If you’re dealing with this kind of claim, you need an experienced motorcycle accident attorney on your side. This article breaks down how fault gets divided, how insurers use lane splitting against you, and what you can do to protect your claim.
Understanding Lane Splitting Laws in New Mexico and Texas
In both New Mexico there is a difference in lane splitting vs lane filtering. Both are strictly illegal. However, lane sharing is not a traffic violation for motorcycle riders.
- Lane splitting is when a motorcycle weaves through and in between lanes while traffic is still moving.
- Lane filtering is when a motorcycle moves between stopped vehicles at a red light.
- Lane sharing is when two motorcyclists share a lane, riding side-by-side. This is legal in both New Mexico.
Getting cited for lane splitting/filtering when an accident occurs does not automatically assign the motorcyclist the majority of blame. New Mexico motorcycle laws follow comparative negligence standards. This means fault is divided between all parties involved.
How Comparative Negligence Affects Your Personal Injury Claim
Courts examine the total picture of fault after a motor vehicle accident. Even if you were cited for a lane splitting violation, police will consider all factors, including the actions of the other motorist. In fact, the other driver’s negligence might carry far greater weight when it comes to apportionment of fault.
Even with a lane splitting/filtering citation, your percentage of blame could still fall well short of 50 percent. This means you could still recover at least half the costs incurred from the crash.
For example, you are assigned 40 percent of the blame after a motorcycle accident. Your total costs after medical bills and vehicle repairs come to $40,000. Because you are 40 percent at fault, an equal amount of monetary value — $16,000 in this example — gets subtracted from your claim. You’re still eligible for $24,000.
If an investigation finds you only 20 percent at fault for lane splitting, you’ll still recover 80 percent of your damages. In the example above, that would amount to $32,000. The math of fault percentages is where your case is won or lost.
While New Mexico uses comparative negligence, there is one key difference:
In New Mexico, your compensation is reduced by your percentage of fault but not eliminated. Even if you’re found 80 percent at fault, you’re still entitled to 20 percent of your claim.
Of course, the other driver’s insurance company will try to push your fault percentage as high as possible.
Factors That Determine Liability in Lane-Splitting Accidents
Determining liability involves a lot more than confirming the motorcyclist was operating between lanes. Investigators, insurers, and courts evaluate a full range of conditions present at the scene of the crash, such as:
- The speed of both vehicles at the moment of impact
- Road, weather, and visibility conditions
- Whether the other driver made a sudden or un-signaled lane change
- Whether the other driver was distracted or unaware of their surroundings, and
- Whether the other driver was operating their vehicle while impaired by alcohol or drugs
Other factors such as lane width, traffic density, and traffic flow can also play a role in apportioning liability.
Common Defenses Used Against Lane-Splitting Motorcyclists
Motorcyclists can be easy targets whenever they’re involved in a crash. We’re not saying it’s fair, only that insurance companies and defense attorneys are always armed with predictable arguments to reduce your motorcycle accident compensation.
Insurers often argue that lane splitting constitutes negligence per se. Since the maneuver is strictly illegal and known as “dangerous activity,” it must be treated as automatic proof of fault. They’ll also contend that the motorcyclist created an “unavoidable hazard” by lane splitting in dense, still-moving traffic.
Knowing these defenses exist and will likely be used against you is the first step toward countering them with the right evidence.
Evidence Needed to Prove the Other Driver Was at Fault
No matter what the opposing driver’s lawyer or insurance company says, strong evidence can shift the balance of fault in your favor—even if you were lane splitting. This evidence can include:
- Dashcam footage showing the other driver making a sudden lane change or failing to signal
- Traffic camera footage capturing the moments before impact
- Cell phone records proving the driver was distracted at the time of the crash
- A police report documenting the other driver’s condition and behavior
- Photographs of the accident scene before any vehicles or debris are moved, and
- Testimony from accident reconstruction experts
A motorcyclist seeking compensation after a crash can feel like they are facing a gauntlet of obstacles. However, strong evidence could point the way toward recovering all the funds you’re entitled to, even if you’ve been cited for lane splitting.
A lawyer has the power to subpoena evidence that the other driver’s insurance company would rather keep to themselves.
Why You Need a Motorcycle Accident Attorney for Shared Fault Claims
Shared liability means every percentage point has an effect on your compensation. Insurance companies have adjusters that use effective, long-practiced strategies to move the percentages against motorcycle riders.
You need an experienced Albuquerque motorcycle accident lawyer to push back against them and ensure that the assignment of fault reflects facts, not bias against riders. Speak with us at Barrera Law Group LLC to find out what your case is actually worth before accepting any offer from an insurer.