Lane splitting is the act of driving a motorcycle between lanes of traffic proceeding in the same direction. There are certain states where lane splitting is legal or tolerated. It is important to understand lane splitting laws in your state, especially if you are trying to determine negligence in a motorcycle accident.
How Many US States Allow Lane Splitting?
California is currently the only state where the law explicitly allows for lane splitting. Other states have been on the verge of becoming lane-splitting-legal states, such as Utah and Hawaii, but such laws failed to pass thus far.
Penalties for lane splitting outside of California differ based on the various lane splitting laws by state. In Arizona, for example, lane splitting can result in a citation and negative points on one’s driving record. Since lane splitting is a traffic violation in these states, the motorcyclist will likely bear some or all of the blame if an accident occurs while lane splitting.
Why Is Lane Splitting Legal in Some States?
Lane splitting is legal in California because it reduces traffic congestion. This is especially important in traffic-heavy cities like Los Angeles. By allowing motorcyclists to ride between lanes of traffic and bypass congestion, the overall backup of vehicles can improve. Many motorists in California choose to ride a motorcycle specifically because this law allows them to reach their destinations more quickly.
There are also arguments to be made that lane splitting can improve safety if performed correctly and respectfully. Unfortunately, motorcyclists often suffer from rear-end collisions due to other drivers misjudging the distance between vehicles, so allowing motorcycles to proceed between traffic helps them avoid this scenario.
Is Lane Splitting Safe?
While there are some arguments to the contrary, lane splitting has the potential to be an extremely dangerous act. Drivers in typical vehicles do not naturally expect a motorcycle to pass them from between the lanes. It is also easy for motorcycles to slip into a driver’s blind spots. This makes it highly likely for an accident to occur if a driver suddenly decides to change lanes while a lane-splitting motorcyclist is approaching.
In California, where lane splitting is legal, there are official safety guidelines that motorcyclists should follow if they wish to practice it. These include maintaining a low speed, avoiding larger vehicles and remaining visible by avoiding blind spots and wearing bright clothing.
Is Lane Filtering the Same as Lane Splitting?
Lane filtering is different from lane splitting. Lane filtering is the act of moving between stopped lanes of traffic, whereas lane splitting occurs between moving vehicles. Certain motorcycle-friendly states allow lane filtering while forbidding lane splitting.
The states that ban lane splitting but allow lane filtering are:
- Arizona
- Montana
- Hawaii
- Utah
- Colorado
It is important to remember that riding on the shoulder, or “shoulder surfing,” is a separate issue with different laws depending on the state. For example, California does not allow shoulder surfing despite the fact that lane splitting is legal. However, Hawaii does allow shoulder surfing as long as traffic is stopped.
What Does the Law Say About Lane Sharing?
Lane sharing is another tactic that is different from both lane splitting and lane filtering. Lane sharing involves two motorcyclists riding side-by-side within the same lane. This does not refer to a situation in which one rider is trying to overtake the other. Instead, the two motorcycles aim to remain side-by-side for the entirety of the drive.
This behavior is perfectly legal in most states and is actually an effective safety measure. As long as both riders agree to share the lane, this method increases rider visibility and reduces the chances of an aggressive driver approaching too close to the motorcycles on either side.
Who Is Liable in a Lane Splitting Accident?
In states where lane splitting is illegal, a motorcyclist who is lane splitting when an accident occurs will either be fully or partially liable for any damages that occur. Committing a traffic violation, such as lane splitting, is a clear indication of negligence. However, it is possible that the other person involved in the accident was also exhibiting negligent behavior, in which case the parties would share in the liability.
In California, where lane splitting is legal, the liability in this type of accident might not be as clear-cut. Lane splitting itself does not necessarily constitute a breach of one’s duty of care toward other drivers in California. Instead, determining liability requires examining other behavior that constitutes negligence. For example, the motorcyclist may have been speeding or the other driver may have failed to check their mirrors before changing lanes.
Do You Need a Lawyer for a Lane Splitting Accident?
When you experience an accident that involves lane splitting, it is always worth your while to consult with a personal injury lawyer. Whether you are the motorcyclist or the car driver in this scenario, it is important to remember that fault is never a simple matter. This is especially the case in states with comparative negligence laws, as the court will carefully evaluate each person’s degree of fault to determine how much compensation the injured party may receive.
At Sargon Law Group, our motorcycle accident attorneys can help you by:
- Collecting evidence to establish the other party’s negligence
- Investigating to determine if lane splitting contributed to the accident
- Filing your claim and other paperwork for you
- Negotiating with the insurance company on your behalf.
- Taking your motorcycle accident case to court if necessary
Working with a lawyer can increase your chances of securing maximum compensation for your damages. Without legal representation on your side, insurers might believe that they can take advantage of you during this vulnerable time.
Contact Sargon Law Group for Your Lane Splitting Accident
Even though there are not many states where lane splitting is legal, it is still a behavior that many people encounter on the road. Our team at Sargon Law Group is ready and able to help injured people in Arizona, Colorado, New Mexico and California after any type of motorcycle accident. Contact us today to learn more through a free consultation.