If you’re a motorcycle rider in Wisconsin, you’ve likely been tempted to lane-split in heavy traffic. Weaving between slow-moving or stopped cars can seem like a quick way to get to your destination. But is it legal? And more importantly, is it safe? Understanding Wisconsin’s laws on lane-splitting and the inherent dangers is crucial for every rider.
If you’ve been injured in a motorcycle accident, whether it involved lane-splitting or not, the legal complexities can be daunting. The experienced Wisconsin motorcycle accident lawyers at Fitzpatrick, Skemp & Butler are here to clarify your rights and fight for the compensation you need to get back on your feet.
Is Lane-Splitting Legal in Wisconsin?
Let’s be clear: motorcycle lane-splitting is illegal in Wisconsin.
Wisconsin Statute 346.595 explicitly states that no person shall operate a motorcycle or moped between lanes of traffic or between adjacent lines or rows of vehicles. This means that riding on the line between cars, even in stopped traffic, is a violation of the law.
While some states, like California, have legalized lane-splitting under certain conditions, Wisconsin has not. Law enforcement officers can and will issue citations for this practice.
The Dangers of Lane-Splitting
The laws against lane-splitting exist for a good reason: it is an incredibly dangerous maneuver. Here’s why:
- Reduced Space for Error: When you ride between cars, you have virtually no room to maneuver if a car suddenly changes lanes or a door opens.
- Drivers Don’t Expect You: Car and truck drivers are not conditioned to look for motorcycles between lanes. They may not see you before making a move.
- Limited Visibility: Your visibility is reduced, and you are often in a driver’s blind spot.
- Road Hazards: The space between lanes often collects debris, oil, and other hazards that can easily cause a motorcycle to lose traction.
Even if you are a skilled and experienced rider, you cannot control the actions of the drivers around you. A sudden lane change by a distracted driver can be catastrophic.
Fault and Liability in a Lane-Splitting Accident
Because lane-splitting is illegal in Wisconsin, if you are involved in an accident while doing so, you will likely be found at least partially at fault. Under Wisconsin’s comparative negligence law, you can still recover damages as long as you are not found to be more than 50% at fault. However, your final compensation will be reduced by your percentage of fault.
For example, if you are found to be 30% at fault for the accident, you can only recover 70% of your total damages. The insurance company for the other driver will use the fact that you were lane-splitting to try and place as much blame on you as possible, or even deny your claim entirely.
This is why it is absolutely critical to have a skilled motorcycle accident attorney on your side. We will work to minimize your percentage of fault and prove that the other driver’s negligence was the primary cause of the crash.
Frequently Asked Questions (Q&A)
Q: What is the difference between lane-splitting and lane-filtering?
A: Lane-splitting typically refers to riding between moving traffic, while lane-filtering refers to moving between stopped traffic, such as at a red light. Both are illegal in Wisconsin.
Q: If I was lane-splitting, do I still have a case?
A: You may still have a case, but it will be more challenging. If the other driver was also negligent (e.g., texting while driving, made an unsafe lane change without signaling), they can still be held partially responsible. It is essential to speak with an attorney to evaluate your options.
Q: Why should I hire a lawyer who specializes in motorcycle accidents?
A: Motorcycle accident cases have unique challenges, including a bias against riders. An experienced motorcycle accident lawyer understands these challenges and knows how to build a strong case to overcome them.
Protecting Wisconsin Riders
At Fitzpatrick, Skemp & Butler, we are passionate about protecting the rights of motorcyclists. We know that most riders are safe and responsible, and we fight against the unfair stereotypes that insurance companies use to deny claims. Whether your accident involved lane-splitting or not, we are here to help. Visit our homepage to learn more about our firm and our commitment to our clients. Then, contact us or call our dedicated attorneys at 608-784-4370 for a free case evaluation.