After a motorcycle crash where you were riding between lanes, insurance companies will immediately try to pin the entire accident on you because lane splitting is illegal in Arkansas.
They’re counting on you not knowing that breaking one traffic law doesn’t automatically make you 100% responsible when another driver was texting, failed to check their blind spot, or made an unsafe lane change that caused the collision.
The truth is you can still recover compensation even when you were lane splitting, but only if you understand how Arkansas assigns fault and act fast to protect your rights.
Lane Splitting Is Illegal Under Arkansas Law
Arkansas Code § 27-51-302 makes lane splitting illegal throughout the state.
This law requires all vehicles, including motorcycles, to stay entirely within a single lane of traffic.
You cannot operate your motorcycle between lanes of moving traffic or between rows of stopped vehicles.
The statute applies to all roadways with two or more clearly marked lanes, covering highways, city streets, and rural roads across Arkansas.
What Counts as Lane Splitting in Arkansas
Lane splitting happens when a motorcyclist rides between two lanes of moving traffic, usually during heavy congestion.
Lane filtering involves moving between lanes of stopped or slow-moving vehicles, often at traffic lights or in gridlock.
Both practices violate Arkansas traffic law, even though some riders believe filtering at red lights is safer than sitting in traffic.
The law makes no distinction between these two actions, treating both as illegal operation of a motorcycle between lanes.
Even if you’re only moving a few miles per hour faster than surrounding traffic, you’re still breaking the law if you ride between lanes.
Penalties for Lane Splitting in Arkansas
Getting caught lane splitting can result in a traffic citation.
Fines typically range from modest amounts to several hundred dollars depending on the circumstances.
The citation goes on your driving record and could affect your insurance rates.
Beyond the immediate financial hit, that ticket creates a paper trail that insurance companies and opposing lawyers will use against you if you’re involved in a crash.
Law enforcement officers have discretion in enforcing this statute, but the violation is clear when a motorcyclist operates between lanes of traffic.
Lane Splitting Doesn’t Automatically Make You Fully At Fault
Understanding how Arkansas determines fault matters when you’re involved in a lane splitting accident.
The state follows a modified comparative negligence system with a 50% bar rule under Arkansas Code § 16-64-122.
This means you can still recover compensation even if you share some blame for the accident, as long as you’re less than 50% at fault.
If a jury or insurance adjuster determines you were 30% responsible for the crash, you can still collect 70% of your total damages.
The moment your fault reaches 50% or higher, you lose the right to recover anything from the other driver.
How Breaking a Traffic Law Affects Your Case
Lane splitting counts as breaking a traffic law, which insurance companies love to use against injured riders.
They’ll argue that your illegal maneuver caused the accident and try to assign you the majority of the blame.
The legal concept of “negligence per se” means that violating a traffic statute can serve as evidence of your negligence.
However, breaking one law doesn’t automatically make you 100% responsible for a crash.
Other drivers still have a legal duty to operate their vehicles safely and watch for motorcycles on the road.
When Can You Still Recover Compensation After Lane Splitting
You can still file a lawsuit and potentially win compensation even when you were lane splitting at the time of the crash.
The key question is whether the other driver’s actions were more dangerous than your traffic violation.
If another motorist was texting while driving, ran a red light, or failed to check their blind spot before merging, their negligence doesn’t disappear just because you were lane splitting.
Arkansas courts will examine all the circumstances leading up to the collision to determine each party’s percentage of fault.
You might be found 20% at fault for the illegal lane splitting while the distracted driver who hit you bears 80% of the responsibility.
Common Scenarios Where Other Drivers Share Fault Even If You Were Lane Splitting
Driver Changes Lanes Without Signaling
A motorist who suddenly swerves into your path without signaling or checking mirrors can be primarily responsible for the collision.
Arkansas Code § 27-51-104 prohibits unsafe lane changes, and violating this statute shows the driver’s negligence.
Even if you were lane splitting, the driver who failed to signal and check blind spots before moving over created the dangerous situation.
Juries understand that responsible drivers must check all mirrors and blind spots before changing lanes, regardless of whether they expect to see a motorcycle there.
The driver’s failure to follow proper lane-changing procedures can outweigh your lane splitting violation in determining fault.
Distracted Driving Causes the Crash
A driver texting, eating, or adjusting their radio cannot react properly to their surroundings.
When distracted driving causes someone to drift into your path or fail to notice your motorcycle, they share significant responsibility for the accident.
Arkansas prohibits texting while driving and holds distracted drivers accountable for crashes they cause.
Courts recognize that a distracted driver poses a serious danger to everyone on the road, including motorcyclists who may be lane splitting.
The other driver’s distraction can be the primary cause of the collision even when you were technically breaking a traffic law.
Intentional or Aggressive Actions
Some drivers intentionally try to block motorcycles from lane splitting by swerving toward riders or opening their doors.
Deliberately trying to prevent a motorcycle from passing between lanes shows reckless behavior that goes beyond ordinary negligence.
Road rage incidents where drivers attempt to intimidate or harm motorcyclists can make the driver primarily or entirely at fault.
Arkansas law doesn’t give drivers the right to take enforcement into their own hands by creating dangerous situations for riders.
When a driver’s aggressive actions directly cause a crash, their behavior typically carries more weight than your lane splitting violation.
Unsafe Merging Without Checking Blind Spots
Motorcycles are smaller and harder to see than cars, which means drivers must be extra vigilant when changing lanes.
A driver who merges without properly checking blind spots violates their duty of care to watch for all vehicles on the road.
Many lane splitting accidents happen because a driver simply didn’t look before moving over, not because the motorcyclist was riding recklessly.
The law requires drivers to ensure a lane change can be made safely before moving, regardless of whether they think another vehicle should be there.
Failure to check blind spots thoroughly often becomes the primary cause of lane splitting crashes in Arkansas.
How Speed and Conditions Affect Fault Determination
The Speed Difference Matters
Riding 60 miles per hour between lanes on the highway looks much worse than slowly filtering through stopped traffic at 10 miles per hour.
Both actions are illegal in Arkansas, but juries and insurance adjusters view the recklessness differently.
Moving through traffic at high speeds makes it nearly impossible for other drivers to see and react to your motorcycle.
Slower, more cautious lane splitting or filtering shows better judgment, even though it’s still against the law.
The perceived danger of your riding behavior directly influences how much fault gets assigned to you versus the other driver.
Weather and Road Conditions
Lane splitting during a thunderstorm or on icy roads dramatically increases your percentage of fault.
Arkansas weather creates unique challenges, with summer storms arriving suddenly and winter ice making roads treacherous.
A maneuver that might seem questionable in dry conditions becomes obviously reckless in rain, fog, or ice.
Juries understand that poor weather reduces visibility and increases stopping distances for all vehicles.
If you were lane splitting during dangerous weather conditions, expect insurance companies to argue you bear most of the responsibility.
Traffic Density and Visibility
Splitting lanes in heavy, stop-and-go traffic on Interstate 40 differs from doing it on a less congested road.
Dense traffic gives other drivers less time to spot your motorcycle and react to your position.
Limited visibility between large vehicles makes it harder for drivers to see you approaching in their mirrors.
Courts consider whether reasonable drivers could have anticipated a motorcycle appearing between lanes given the traffic conditions.
The more congested and chaotic the traffic, the more fault may shift toward your lane splitting behavior.
Building Your Case After a Lane Splitting Accident
Gather Evidence at the Scene
Take photographs of all vehicle damage, the accident location, road conditions, and traffic signs.
Document skid marks, debris patterns, and the final positions of all vehicles involved in the crash.
Get contact information from witnesses who saw how the accident happened.
Videos from dashcams, helmet cameras, or nearby security cameras can provide objective proof of what occurred.
Strong evidence collected immediately after the crash becomes critical when the other driver tries to blame everything on your lane splitting.
Get Medical Attention Right Away
Seeking immediate medical care protects your health and creates documentation of your injuries.
Some injuries don’t show symptoms until hours or days after an accident, so getting checked out is essential even if you feel okay.
Medical records establish a clear timeline linking your injuries directly to the motorcycle crash.
Insurance companies look for gaps in medical treatment to argue your injuries weren’t serious or weren’t caused by the accident.
Prompt medical care shows you took your injuries seriously and followed proper procedures after the collision.
Report the Accident to Police
Always call law enforcement to the accident scene to create an official report.
The police report documents the officer’s observations about road conditions, vehicle positions, and statements from everyone involved.
Officers may note traffic violations by either party, which becomes important evidence later.
While police reports aren’t always 100% accurate, they provide an official record that carries weight with insurance companies.
Having that formal documentation makes it harder for the other driver to change their story about how the accident happened.
Be Careful What You Say
Never admit fault at the accident scene, even if you think your lane splitting caused the crash.
Simple statements like “I’m sorry” can be twisted by insurance companies to show you accepted responsibility.
Stick to basic facts when talking to police and avoid speculating about what you could have done differently.
Remember that everything you say can be used against you when determining fault and calculating compensation.
Let the investigation determine fault rather than making statements that hurt your case before you talk to a lawyer.
Why Insurance Companies Target Lane Splitting Riders
Insurance Adjusters Want to Minimize Payouts
Insurance companies know that lane splitting is illegal in Arkansas and will use that fact aggressively against you.
Their adjusters are trained to find any evidence that shifts blame onto injured riders rather than their insured drivers.
They’ll argue that your illegal maneuver was the sole cause of the accident, even when their driver was clearly negligent.
Accepting the first settlement offer from an insurance company often means getting far less than your claim is worth.
Insurance adjusters count on injured riders not understanding Arkansas comparative negligence law and giving up too easily.
Breaking the Law Doesn’t Mean You Caused the Crash
Just because lane splitting is illegal doesn’t mean your traffic violation caused the collision.
The other driver may have committed multiple violations or acts of negligence that were far more dangerous than your lane splitting.
Arkansas law requires examining all the circumstances to determine each party’s contribution to the accident.
A traffic ticket for lane splitting doesn’t automatically make you responsible for another driver’s failure to check mirrors, control their vehicle, or pay attention to the road.
Insurance companies hope you’ll assume their driver is off the hook because you were breaking a law, but that’s not how Arkansas negligence law actually works.
Early Contact with Lawyers Makes a Difference
Reaching out to a motorcycle accident attorney in Arkansas immediately after your crash gives them time to investigate while evidence is fresh.
Witness memories fade quickly, surveillance footage gets deleted, and accident scenes change within days of a collision.
Starting your case early allows your legal team to gather all the evidence needed to prove the other driver’s negligence.
Waiting weeks or months to contact a lawyer can mean losing crucial evidence that could have proven the other driver was primarily at fault.
Insurance companies move fast to build their case against you, so you need someone working just as quickly to protect your interests.
Why Lane Splitting Accidents Are More Complex Than Other Accidents
Multiple Parties May Share Responsibility
Lane splitting crashes often involve complicated questions about who did what and when.
Proving exactly how the accident unfolded requires examining vehicle damage, witness statements, and sometimes accident reconstruction.
The other driver will likely claim they never saw you, while you’ll need to show they failed to check their surroundings properly.
Arkansas courts must weigh your traffic violation against the other driver’s actions to determine the percentage of fault for each party.
These cases require thorough investigation and strong legal arguments to overcome the automatic assumption that the lane splitting rider caused everything.
The 50% Threshold Creates High Stakes
One percentage point can make the difference between recovering half your damages and getting nothing at all.
If you’re found 49% at fault, you can still recover 51% of your losses from the other driver.
If you’re found 50% at fault, Arkansas law bars you from recovering anything, regardless of how serious your injuries are.
This makes every piece of evidence and every argument about fault critically important in lane splitting cases.
Fighting to keep your fault percentage below 50% requires experienced legal representation that understands how to present your case effectively.
Medical Bills and Lost Wages Add Up Fast
Motorcycle accidents often result in serious injuries that require extensive medical treatment.
Hospital stays, surgeries, physical therapy, and ongoing care can cost tens of thousands of dollars.
Missing work while you recover means lost wages on top of mounting medical bills.
Your motorcycle might be totaled, requiring replacement or expensive repairs.
Insurance companies want to pay as little as possible, which is why they focus so hard on blaming lane splitting riders for accidents.
Important Things to Remember After a Lane Splitting Crash
Don’t Assume You Can’t Win
Many riders involved in lane splitting accidents believe they have no case because they were breaking the law.
This assumption costs injured motorcyclists thousands or even hundreds of thousands of dollars in compensation they could have recovered.
Arkansas law specifically allows you to collect damages even when you share fault, as long as you’re not the primary cause of the accident.
The other driver’s negligence doesn’t disappear just because you were committing a traffic violation at the time of the crash.
Every case deserves a thorough investigation to determine all the facts before deciding whether you have a valid claim.
Time Limits Matter
Arkansas statute of limitations gives you three years from the date of your accident to file a personal injury lawsuit.
While three years might sound like plenty of time, evidence disappears and witnesses become harder to find as time passes.
Starting your case early gives your legal team the best chance to gather everything needed to prove your claim.
Missing the three-year deadline means losing your right to compensation permanently, no matter how strong your case might have been.
Contacting a lawyer soon after your accident protects your ability to hold the negligent driver accountable.
Get Help With Your Lane Splitting Accident Case Today
Lane splitting is illegal in Arkansas, but that doesn’t mean you’re automatically at fault if another driver hits you while you’re riding between lanes.
The other driver’s negligence can still make them primarily responsible for the crash, even when you were committing a traffic violation.
At Shamieh Law, we can help you fight for the compensation you deserve after a lane splitting accident.
Contact our team today by calling 501-361-1334 to discuss your case and learn about your legal options.