BOSTON, MA - November 09, 2026 - Motorcyclists in Massachusetts often question whether riding between lanes of same-direction traffic is permitted, particularly during heavy congestion on highways such as I-93 or the Southeast Expressway. Boston motorcycle accident attorney Dino Colucci of Colucci, Colucci & Marcus, P.C. (https://www.coluccilaw.com/blog/lane-splitting-legal-massachusetts-mgl-89-4a/) is providing guidance on why lane splitting is unlawful under state law and how a citation may affect an injured rider's ability to recover compensation after a crash.

According to Boston motorcycle accident attorney Dino Colucci, M.G.L. c. 89, § 4A requires every vehicle to remain entirely within a single marked lane and prohibits a motorcycle from passing another motor vehicle within the same lane, except another motorcycle. "Many riders assume the law is broader than it actually is," explains Colucci. "The statute contains no exception for slow or stopped traffic, which means threading between lanes at a red light violates the same rule as riding between lanes on the highway."

Boston motorcycle accident attorney Dino Colucci notes that a lane-splitting violation is generally issued as a civil motor vehicle infraction. Under the statute, the applicable assessment appears on the citation, and Chapter 89 imposes an additional five-dollar surcharge. A driver who wishes to contest the citation must file a hearing request within twenty days and pay a twenty-five dollar filing fee, which is refunded if the driver is found not responsible for every civil violation listed.

Colucci points out that the consequences can extend beyond a fine. When a rider's conduct, speed, traffic conditions, visibility, or the risk created for others supports it, police may also allege negligent operation under M.G.L. c. 90, § 24(2)(a), a separate criminal offense that carries potential license consequences. The Massachusetts Merit Rating Board also reports surchargeable violations to insurers, and under the Safe Driver Insurance Plan, a minor traffic-law violation typically carries two surcharge points.

A central concern for injured riders is whether a citation eliminates their right to pursue a claim. Attorney Colucci emphasizes that it does not. "Insurance adjusters frequently tell riders that a lane-splitting ticket settles the question of fault," he says. "It does not, and treating it that way can reduce or eliminate the compensation available under Massachusetts law."

Massachusetts follows the modified comparative negligence rule under M.G.L. c. 231, § 85, which allows an injured rider to recover damages as long as the rider's share of fault is not greater than the combined fault of the defendants. Recovery is barred only when the rider is found more than fifty percent at fault. Colucci notes that a traffic law violation can serve as evidence of negligence when related to the collision, but it does not conclusively establish who caused the crash.

Colucci explains how comparative fault affects a recovery. If a rider's damages total two hundred thousand dollars and the rider is found thirty percent at fault, the recovery is reduced to one hundred forty thousand dollars. If the rider's share of fault reaches fifty-five percent, no recovery is available. He observes that evidence such as vehicle positions, closing speed, signal use, sight lines, and the point of impact often plays a larger role than a citation in determining liability.

Attorney Colucci also highlights the importance of preserving evidence quickly after a crash. Reporting the collision to police, obtaining medical care the same day, photographing the scene, identifying nearby traffic or security cameras before footage is overwritten, and preserving the motorcycle and riding gear can all strengthen a claim. He advises riders to speak with an attorney before giving a recorded statement, noting that most Massachusetts personal injury lawsuits must be filed within three years, though certain circumstances can alter that deadline.

Colucci adds that pending legislation has not changed the current rule. During the 2025–2026 legislative session, a proposal known as H.3620 would have allowed limited lane movement when surrounding traffic was moving at ten miles per hour or less, subject to a 25-mile-per-hour cap, but it was referred to a study order and did not amend M.G.L. c. 89, § 4A. The firm represents injured riders in courts throughout Suffolk, Norfolk, and Middlesex counties.

For those injured in a motorcycle crash, particularly after receiving a lane-splitting citation, consulting a knowledgeable motorcycle accident attorney may help clarify their rights and protect the compensation available under Massachusetts law.

About Colucci, Colucci & Marcus, P.C.:

Colucci, Colucci & Marcus, P.C. is a Boston-based law firm focused on personal injury and civil litigation, including motorcycle accidents, motor vehicle collisions, medical malpractice, product liability, and wrongful death claims. Led by founding partner and lead trial counsel Dino M. Colucci, the firm represents injured riders and their families across Boston and the surrounding counties. The office is located at 31 Milk St, 4th Floor, Boston, MA 02109. For consultations, call (617) 936-8607.

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Company Name: Colucci, Colucci & Marcus, P.C.
Contact Person: David Colucci
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Phone: (617) 936-8607
Address:31 Milk St 4th Floor, Boston, MA 02109
City: Boston
State: Massachusetts
Country: United States
Website: https://www.coluccilaw.com/