Lane Splitting Is Not Legal in Indiana
Indiana has not authorized lane splitting, the practice of riding between two lanes of traffic moving in the same direction. Indiana Code 9-21-10-6 entitles a motorcycle to full use of a lane and prohibits a rider from passing another vehicle within the same lane. Lane filtering, moving between stopped vehicles at a light, is not authorized either. Only a handful of states permit either practice, and Indiana is not among them, which matters in every Carmel motorcycle accident claim where fault is disputed.
Riders coming from California, Utah, Arizona, or Montana are frequently surprised by this, and so are riders who have moved here and are used to a different rule. So are riders who have simply seen it done on I-465 and assumed it was tolerated. Our Carmel personal injury team sees this every riding season.
If you were splitting lanes when a driver hit you in Carmel, you may assume your claim is over. It usually is not. Call 317-846-1080 or request a free case review.
Why an Illegal Maneuver Does Not Automatically End Your Claim
Indiana uses modified comparative fault under Indiana Code 34-51-2-6. Indiana apportions fault as a percentage among everyone involved. A rider can recover as long as their share is 50 percent or less, with the award reduced by that percentage.
That means the question is never simply whether you were breaking a traffic law. The question is how much of the collision your conduct actually caused compared to what the driver did.
Consider two scenarios that look similar and resolve very differently:
A rider filtering slowly between stopped lanes on a backed-up ramp is struck by a driver who changes lanes without signaling, without checking mirrors, and while texting. The rider bears some fault. The driver bears a great deal. A rider assigned 35 percent still recovers 65 percent of their damages, which, in a serious injury, is substantial money.
A rider splitting at 45 miles per hour through moving traffic collides with a driver making an ordinary signaled lane change. Here the rider’s share is likely to exceed 50 percent, and the claim fails.
The facts in between are where these cases are actually won and lost, and they turn on speed differential, signaling, mirror use, distraction, and how much time each party had to react.
What the Insurer Will Do
Expect the other driver’s insurer to treat an illegal maneuver as a complete defense and to say so flatly in the first denial letter. That is a negotiating position, not a statement of Indiana law.
Expect them to push for a recorded statement early, before you have talked to anyone, and to ask questions designed to paint you in the worst possible light regarding your speed and lane position. Do not give that statement.
Expect an initial fault allocation of 80 or 90 percent to the rider, regardless of what the physical evidence shows. Moving that number is the case.
Evidence That Moves the Fault Percentage
- Event data recorder download from the other vehicle, establishing its speed, steering input, and whether the driver braked or signaled.
- Motorcycle telematics, GoPro, or helmet camera footage, which many riders run and which frequently exonerates them outright.
- Traffic and business video from City of Carmel intersection cameras and surrounding businesses along Keystone Parkway, US 31, and the 96th Street corridor.
- Phone records where distraction is suspected, which can shift a large share of fault to the driver.
- Scene documentation of lane widths, traffic volume, and whether traffic was stopped or moving. The same evidence set matters in ordinary rear-end and roundabout crashes, but here it carries far more weight because the fault split decides everything.
- Reconstruction analysis establishing the closing speed and the reaction time each party actually had.
The difference between 55 percent rider fault and 45 percent rider fault is the difference between nothing and a full recovery reduced by less than half. That margin is worth fighting for with real evidence.
If You Were Not Actually Lane Splitting
Insurers apply the label loosely, and it is worth being precise about what happened. Riding in the same lane alongside another motorcycle is legal in Indiana; two riders may operate two abreast in a single lane under Indiana Code 9-21-10-6. Moving within your own lane to improve position or visibility is legal. Passing in an adjacent lane is legal. Riding on the shoulder is a different violation with a different analysis.
We have seen claims denied as lane splitting where the rider was lawfully occupying their own lane and the driver simply drifted. Establishing the actual lane position often resolves the case without any comparative fault argument.
Injuries in These Crashes
Lane splitting collisions happen at close quarters with no escape route, and a rider struck between lanes is frequently thrown into an adjacent vehicle or into traffic:
- Traumatic brain injury
- Spinal cord injury
- Crush injuries to the legs and feet
- Compound fractures and degloving injuries
- Internal injuries
- Catastrophic injury requiring lifetime care
Deadlines
Two years from the crash under Indiana Code 34-11-2-4. Helmet camera and telematics data are the evidence most likely to save a lane-splitting claim, and they are also the most likely to be lost, overwritten, or damaged. Preserve the device and the memory card immediately, and do not let a salvage yard take the bike with it.
What to Do at the Scene
Preserve the evidence that establishes your speed and lane position, because everything else in the case follows from it. If you are able: secure the helmet camera or telematics device and its memory card personally rather than leaving it with the bike, photograph your resting position and the traffic conditions before anything moves, get the crash report number from the responding officer, note which businesses face the roadway so preservation letters can be targeted, and decline to characterize your own riding to anyone at the scene. Statements made in the first ten minutes are quoted back for the next two years.
Frequently Asked Questions
Is lane splitting legal in Indiana?
No. Indiana has not authorized lane splitting or lane filtering. Indiana Code 9-21-10-6 gives a motorcycle full use of a lane and prohibits passing another vehicle within the same lane. Riders may legally ride two abreast in a single lane, but not between lanes of traffic.
Can I still recover compensation if I was lane splitting when I was hit?
Often yes. Indiana’s modified comparative fault rule allows recovery as long as your share of fault is 50 percent or less, with damages reduced by your percentage. A rider found 35 percent at fault still recovers 65 percent. Whether you clear that threshold depends on speed differential, the driver’s conduct, and what the physical evidence shows.
What if the driver was texting when they hit me?
Driver distraction shifts fault substantially and is often the difference between a claim that fails and one that succeeds. Phone records showing app or messaging activity at the moment of impact are among the most valuable evidence in these cases, and you need to request them before carrier retention periods expire.
Will the insurance company just deny my claim outright?
Expect an initial denial framed as though the illegal maneuver ends the matter. It does not under Indiana law. That first position is a negotiating stance, and shifting fault allocation through reconstruction analysis, video, and vehicle data is the work of the case.
Does riding two motorcycles side by side in one lane count as lane splitting?
No. Indiana Code 9-21-10-6 permits two motorcycles to operate two abreast within a single lane. Insurers sometimes mislabel this as lane splitting. Establishing your actual lane position frequently resolves the claim without any comparative fault dispute.
Talk to a Carmel Truck Accident Lawyer
Free consultation, no fee unless we recover. Call 317-846-1080 or visit 851 S Rangeline Rd in Carmel. See our truck accident FAQ page, our case results.