Lane splitting—the practice of riding a motorcycle between lanes of slow-moving or stopped traffic—remains a contentious topic among riders, drivers, and lawmakers across the country.
This practice is illegal in Wisconsin due to traffic laws that explicitly prohibit motorcyclists from operating between lanes of vehicles traveling in the same direction.
If you were injured in a motorcycle accident while lane splitting, understanding how Wisconsin’s laws may affect your case is critical to protecting your right to compensation with the help of a Milwaukee motorcycle accident lawyer.
Current Wisconsin Laws on Motorcycle Lane Splitting
According to regulations set by the Wisconsin Department of Transportation, motorcyclists cannot ride between two lanes of traffic moving in the same direction.
This is true regardless of whether that traffic is stopped, slow-moving, or traveling at normal speeds. Lane filtering—riding between vehicles that are stopped or crawling—is also illegal under these same statutes.
The law treats lane splitting as a dangerous maneuver that increases the risk of motorcycle accidents. However, it’s important to distinguish lane splitting from lane sharing.
Wisconsin does allow two motorcycles to share the same lane in a staggered formation. What isn’t permitted is two motorcycles riding side by side within a single lane or any motorcycle weaving between separate lanes of traffic.
The Dangers of Lane Splitting for Motorcyclists
Even in states where lane splitting is legal, it carries inherent risks. Motorcyclists who split lanes face reduced reaction time, limited escape routes, and the unpredictability of drivers who may not expect a motorcycle to appear alongside them.
Drivers often change lanes without checking their blind spots thoroughly, open car doors in stopped traffic, or drift within their lanes.
In Wisconsin, where most drivers don’t anticipate lane splitting since it’s illegal, the risks multiply. You are more likely to encounter a driver who is not looking for you in that position, which can lead to serious collisions involving door strikes, sideswipes, or sudden lane changes.
Your Rights If You Are Hit While Riding Between Lanes
If you are involved in an accident while lane splitting in Wisconsin, the situation becomes legally complex. You can still file a claim and recover compensation for your medical bills, lost wages, and other damages. However, your final settlement award may be affected.
Wisconsin follows a modified comparative negligence system. You can still recover compensation if you are found partially at fault—but only if you are 50% or less responsible for the accident.
If you are determined to be 51% or more at fault, you are barred from recovering any damages. If your percentage of fault is 50% or less, your final settlement will be reduced by your share of fault.
Insurance companies know this. They will use the fact that you were lane splitting to argue that you caused or contributed to the crash. Their goal is to shift as much blame as possible onto you to minimize what they have to pay.
This is where Cannon & Dunphy S.C.‘s Wisconsin motorcycle accident attorneys becomes essential. A lawyer will thoroughly investigate the circumstances of your crash, gather evidence that demonstrates the other driver’s negligence, and build a strong case that accurately apportions fault.
Contact us to schedule a free legal consultation today and get the experienced representation you need to secure the compensation you deserve.