In this video, Sevenish Law answers the question: If I was lane splitting, am I automatically at fault? Not necessarily but that conduct is not recommended and many senseless and needless injuries occur in this scenario. Whether you are at fault depends on the circumstances. In states without a lane splitting law, it’s up to a jury, judge or insurance company to decide whether it was reasonably safe under the circumstances. This gives insurance companies an opening to blame you for your own injuries, even if the driver was clearly at fault.