Lane Splitting Motorcycle Accidents in Wisconsin

Why Insurance Companies Blame Riders — and How We Fight Back

If you've been injured in a motorcycle accident in Wisconsin and someone’s trying to say you were lane splitting — even if you weren’t — you’re not alone. We talk to riders all the time who were doing everything right, but now they’re being blamed for something they didn’t do. We also talk to heartbroken families who’ve lost someone they love, only to have the insurance company try to twist the facts and point the finger at the rider. It’s wrong. And we’re here to help.

At McCarthy Motorcycle Law, we know how much garbage riders get handed by insurance adjusters and defense lawyers — especially when it comes to so-called “lane splitting.” We’ve seen it time and again. And we don’t back down.

Let’s Get One Thing Straight: Lane Splitting is Illegal in Wisconsin

There’s a lot of confusion around lane splitting, so let’s clear the air.

Lane splitting is when a motorcyclist rides between two lanes of traffic — usually between slow-moving or stopped cars — to move ahead. In some states, like California, it’s legal under certain conditions. But in Wisconsin, lane splitting is illegal. The law is pretty cut and dry. You’re not supposed to ride between lanes or rows of vehicles.

But here’s the thing: Just because lane splitting is illegal doesn't mean it caused your accident. And yet, it’s one of the most common excuses insurance companies use to avoid paying what they owe.

They Say "Lane Splitting." We Say: Blame Shifting.

Let’s be honest — insurance companies will look for any excuse not to pay a fair motorcycle accident settlement. And blaming the rider is their favorite move. If you were riding near the white line or changing lanes when someone hit you, or someone merged right into you, the other side might try to twist the facts and say you were lane splitting, even when you clearly weren’t.

Why? Because they know juries don’t always understand how motorcycles operate. They count on bias — the idea that motorcyclists are reckless. But we know the truth: most riders are some of the most careful, situationally aware people on the road. And the real reason these crashes happen?

Distracted drivers. Unsafe lane changes. Blind spots. Failure to yield. Left turns without looking. Tailgating.

That’s what causes most motorcycle crashes in Wisconsin — not lane splitting.

Common Scenarios Where Blame Gets Shifted to "Lane Splitting"

We’ve seen Wisconsin motorcycle accident cases where:

• A car suddenly swerved without checking their mirrors — and blamed the rider for “lane splitting.”

• A driver rear-ended a rider in slow-moving traffic — then claimed the motorcycle “came out of nowhere.”

• A motorcyclist tried to avoid a sudden hazard and moved between cars for a second — and the other driver accused them of reckless behavior.

Sometimes riders are just changing lanes or filtering into a turn lane — totally legal. But because it looked like lane splitting, the insurance company jumped at the chance to point the finger.

This is where a Wisconsin motorcycle accident attorney who understands how riders actually move through traffic makes all the difference.

If You Lost a Loved One and They're Blaming Lane Splitting, Please Read This

We’ve worked with families who are grieving the loss of someone who died in a motorcycle accident — and then the insurance company starts blaming the rider for lane splitting. It’s heartbreaking.

First, we want to say: we see you, and we’re so sorry. You deserve support, not blame.

Second, we want you to know that this tactic — shifting blame to avoid paying fair compensation in a wrongful death motorcycle accident case — is sadly common. We fight it by digging into the details: eyewitness statements, dashcam footage, expert analysis, and accident reconstruction.

If you know in your heart that your loved one was careful, we’ll fight like hell to show the truth.

What To Do If They’re Blaming You for Lane Splitting

Here’s what to do if you’re being blamed for lane splitting after a crash in Wisconsin:

1. Don’t say anything to the insurance company until you talk to a lawyer.
   Adjusters are trained to get you to say something they can use against you. Even something innocent like “I was just trying to get out of the way” can be twisted.

2. Get photos and videos from the scene if you can.
   Skid marks, traffic layout, weather, car positions — all of that matters. If you weren’t lane splitting, we’ll prove it.

3. Write down everything you remember.
   Memory fades fast. Try to jot down what you were doing just before the crash — what lane you were in, what the traffic was like, and how the other driver behaved.

4. Talk to a Wisconsin motorcycle lawyer who actually gets it.
   Not all personal injury attorneys understand motorcycles. We do. It’s what we do every day.

Why Insurance Companies Love the Lane Splitting Excuse

It’s simple. If they can prove (or even suggest) that you were lane splitting, they’ll say:

• You were breaking the law.

• You were riding recklessly.

• You were at least partially at fault.

And in Wisconsin, if they can pin 51% or more of the blame on you, they don’t have to pay you anything. That’s why they push the lane splitting narrative so hard. It’s not about truth — it’s about math.

But we know how to push back.

How We Fight Back Against False Lane Splitting Claims

When we take on a motorcycle crash case where someone’s trying to shift blame onto the rider for lane splitting, we go to work immediately:

• We pull traffic camera and dash cam footage whenever possible.

• We talk to witnesses — not just police, but bystanders who actually saw what happened.

• We work with accident reconstruction experts who understand motorcycle dynamics.

• We highlight driver negligence — like cellphone use, aggressive lane changes, or failure to signal.

• We show the jury (or adjuster) what real motorcycle riding looks like. Not the TV version — the real-life, everyday stuff riders do to stay safe.

And most of all — we don’t let the insurance company bully you.

Real Talk: Lane Position Isn’t the Same as Lane Splitting

Motorcycles don’t take up a full lane like a car does — and that’s not “lane splitting.”

Let’s say you were riding in the left third of your lane, or transitioning between cars in stop-and-go traffic. That’s not necessarily lane splitting. In fact, smart riders adjust their position constantly to stay visible and avoid hazards.

Being visible and defensive isn’t reckless — it’s smart. And we’re not going to let anyone tell a jury otherwise.

You Deserve a Lawyer Who’s By Your Side Through the Ride

We get it. We’ve been around long enough to know how much prejudice riders face. But we also know this:

• Riders are tough — but they shouldn’t have to fight alone.

• Families deserve truth — not blame.

• Insurance companies don’t get the final say — juries do.

If you’ve been injured in a motorcycle accident in Wisconsin — or if you’ve lost someone you love — and now they’re trying to blame “lane splitting,” give us a call. We’ll listen. We’ll be honest. And if we can help — we’ll fight like hell to do it right.

Get a Free Case Evaluation Today

You don’t pay us a dime unless we win. We offer free, confidential consultations — and we’ll tell you straight if we think we can help.

Get a free case evaluation today.
You’ve been through enough already. Let’s get you the truth — and the justice — you deserve.