Is Lane Filtering Legal in Illinois? What You Need to Know If You Crash

Lane filtering—the practice of a motorcyclist moving between lanes of slow or stopped traffic—has long been debated among safety advocates, lawmakers, and riders. Some view it as a practical way to avoid rear-end collisions and improve traffic flow. Others see it as unpredictable and dangerous. Regardless of opinion, understanding the legal status of lane filtering in your state is essential, especially if you’re involved in a crash while doing it.

In Illinois, lane filtering is currently not legal, and that distinction carries serious consequences in the event of an accident. If you’re injured while filtering through traffic, your behavior could influence the outcome of an insurance claim or personal injury case. That doesn’t mean you’re automatically at fault, but it complicates the process of proving negligence or liability. If you’ve been involved in such a crash, reaching out to experienced legal counsel like Meyers & Flowers can be crucial to protecting your rights and securing compensation in an often-misunderstood legal gray area.

Lane Filtering vs. Lane Splitting: What’s the Difference?

Although often used interchangeably, lane filtering and lane splitting have distinct meanings. Lane filtering refers to a motorcyclist slowly maneuvering between lanes of stopped or slow-moving vehicles, typically at intersections or in heavy traffic. Lane splitting, on the other hand, generally implies higher speeds and occurs on freeways or multi-lane roads with vehicles in motion.

Both practices are illegal under current Illinois law. State statute 625 ILCS 5/11-703 prohibits passing between two vehicles within a single lane. Motorcycles, despite their narrow profile, are required to follow the same lane discipline as cars—unless legislation changes, filtering remains off-limits in the Land of Lincoln.

Why Riders Still Filter—and Why That Matters in a Crash

Despite the law, many riders still engage in lane filtering, particularly in Chicago’s congested traffic, where rear-end risks are high. Riders may filter out of habit, in the name of safety, or out of frustration with slow-moving cars. Unfortunately, if a collision occurs during this maneuver, the legality of the act becomes a central issue in determining liability.

Insurance companies are quick to flag filtering as “reckless” or “illegal behavior,” which they may use to deny claims or shift blame. Even if a driver is partially at fault—say, they changed lanes without signaling—your decision to filter could weaken your case. That’s why documentation, witness statements, and a clear legal strategy are critical when pursuing compensation after a filtering-related crash.

Comparative Fault in Illinois: Not Always All or Nothing

Illinois follows a modified comparative fault system, which means you can still recover damages in a crash even if you were partially at fault, as long as you are less than 51% responsible. This is where filtering becomes legally complex. If a jury finds that you were 30% responsible for the crash due to filtering, and the other driver was 70% at fault for distracted driving, you may still receive compensation, just reduced by your percentage of fault.

Understanding how fault is assigned is essential, and having a legal team that can argue your actions were reasonable under the circumstances, even if technically unlawful, can make or break your case.

Police Reports and Their Influence on Your Case

In many crashes involving lane filtering, police reports become the first—and sometimes only—official record of the incident. Officers unfamiliar with motorcycle safety trends may assume filtering is reckless without considering context. These assumptions often make their way into citations, which can be used by insurers or opposing attorneys to challenge your case.

However, a police report is not the final word. Your attorney can challenge the conclusions drawn in the report, offer expert testimony on motorcyclist behavior, and introduce evidence such as helmet cam footage or traffic patterns that support your version of events.

Can Lane Filtering Ever Work in Your Favor?

Believe it or not, filtering may actually help your case in certain situations, particularly if it can be shown that your actions helped avoid a more serious crash. For example, if you filtered forward to avoid being rear-ended in a traffic jam, your maneuver might be viewed as a reasonable defensive action. The key lies in how the story is told—and supported with facts.

Some courts and juries may be sympathetic if filtering is framed as a necessary response to immediate danger, especially if you were riding at a safe speed and remained alert. Skilled legal representation can help you reframe your actions as proactive rather than reckless.

Steps to Protect Yourself After a Motorcycle Crash

A motorcycle crash—especially one involving lane filtering—can quickly become a legal and medical whirlwind. Taking the right steps in the hours and days that follow can preserve your health, strengthen your case, and protect your rights.

Call emergency services immediately – Always report the accident and request medical attention, even if you feel “fine” at the moment.
Document the scene – Use your phone to take photos of your motorcycle, the other vehicles, road conditions, traffic signs, and skid marks.
Exchange contact and insurance information – Get the names, numbers, and policy details of all involved parties and any eyewitnesses.
Avoid admitting fault – Don’t apologize or explain your actions to anyone other than your attorney, as statements can be misinterpreted later.
Request a copy of the police report – Review it carefully once available, as any inaccuracies can influence how fault is determined.
Seek a medical evaluation – Some injuries may not present symptoms immediately; early documentation supports both your health and your legal claim.
Contact a motorcycle accident lawyer – Legal representation is especially important when non-standard riding behaviors, like lane filtering, are involved.

Pushing for Change: Could Lane Filtering Become Legal in Illinois?

Illinois has seen proposals to legalize lane filtering, but they have yet to gain traction. Other states—like California and Arizona—have adopted variations of the practice, citing safety data and traffic efficiency as reasons to allow it. Advocates argue that when done safely, filtering reduces the risk of rear-end collisions and makes roads safer for everyone.

If Illinois were to adopt similar legislation, it would not only shift how riders behave but also how liability is assessed in accidents. Until then, every crash involving filtering will remain a legal puzzle requiring precise argumentation and strategic support.

What to Do After a Filtering-Related Crash

If you’re involved in a motorcycle accident while filtering, take immediate steps to protect your rights. Call 911, document the scene, get contact information from witnesses, and avoid admitting fault to anyone on-site. Seek medical attention, even if injuries seem minor, as internal damage can surface days later.

Then, contact a personal injury attorney with experience in motorcycle cases. Filtering crashes requires nuanced legal handling, and the wrong representation—or no representation at all—can cost you the compensation you need to recover physically and financially.

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Adam Regan: Deputy Editor

Features and account management. 3 years media experience. Previously covered features for online and print editions.

Email Adam@MarkMeets.com