No. Lane splitting, riding a motorcycle between lanes of slow or stopped traffic, is not legal in New Jersey. California is the only state that expressly permits it, and a handful of others allow limited “lane filtering” at stops. New Jersey does neither, and a rider who lane splits and is hit will face that fact in the injury claim.
Which law prohibits it
No New Jersey statute uses the words “lane splitting.” The prohibition comes from the general lane-use rules:
- N.J.S.A. 39:4-88(b) requires a vehicle to be driven “as nearly as practicable entirely within a single lane” and prohibits moving from that lane until the driver has determined it can be done safely. Riding on or over the lane line violates this.
- N.J.S.A. 39:4-86 prohibits overtaking on the right except in specific circumstances, none of which cover riding between lanes.
- N.J.S.A. 39:4-97 (careless driving) and 39:4-96 (reckless driving) are frequently charged as well.
Penalties for a lane-use violation include fines and two motor vehicle points; careless driving carries fines and two points; reckless driving carries five points and possible jail. Insurance surcharges follow.
Lane sharing is different
Two motorcycles riding side by side in a single lane is permitted under N.J.S.A. 39:4-14.3, which allows motorcycles to ride two abreast. That is lane sharing, not lane splitting, and it is legal.
How lane splitting affects an injury claim
This is the practical consequence. If a car changes lanes into a motorcycle that was riding between lanes, the driver may well be negligent for failing to check mirrors or signal. But the rider was also violating the law, and under New Jersey’s modified comparative negligence rule, the rider’s recovery is reduced by their percentage of fault and eliminated at 51%.
In a lane-splitting crash, the defense argues that the rider created the hazard by being somewhere no vehicle should have been, and that the driver had no reason to anticipate a motorcycle between lanes. Juries are often receptive. A rider hit while lane splitting can still recover, particularly where the driver was distracted, changed lanes without signaling, or was otherwise clearly at fault, but the fault percentage assigned to the rider is often substantial.
Other rules that apply to motorcycle claims
- No PIP. Motorcycles are excluded from New Jersey’s no-fault system. A motorcyclist’s medical bills are not paid by PIP; they go to health insurance and then to the claim against the at-fault driver. See how no-fault works and why motorcyclists are outside it.
- Verbal threshold. A rider who also has an auto policy with the Limitation on Lawsuit option is bound by the verbal threshold even in a motorcycle crash.
- Helmet law. New Jersey requires helmets, and failure to wear one is a separate damages argument; see the helmet law and your injury claim.
- UM/UIM. Motorcycle policies can carry UM/UIM coverage, and it is critical, since many at-fault drivers carry minimum limits. See UM/UIM coverage.
Has New Jersey considered legalizing it?
Bills to permit lane filtering at low speeds have been introduced in the Legislature but have not passed. Until a statute changes, lane splitting remains a violation.
How Ibrahim Personal Injury Law handles motorcycle crashes
Motorcycle cases turn on fault allocation, and we treat them that way from day one: preserving video, downloading vehicle data, and retaining reconstruction experts before the driver’s version hardens. Free consultation, contingency fee. Call (844) 315-4878 or contact us online.
Frequently asked questions
Is lane filtering legal in NJ?
No. New Jersey does not distinguish filtering at a stop from splitting in motion; both violate the lane-use statute.
Can I still recover if I was lane splitting when I was hit?
Possibly, if the driver was more than 50% at fault. Your recovery is reduced by your share.
Is it legal to ride on the shoulder to pass traffic?
No. Shoulder riding violates N.J.S.A. 39:4-88 and other provisions.
What states allow lane splitting?
California permits it. Utah, Montana, Arizona, and a few others allow limited filtering. New Jersey allows neither.
