Car Accident Law

Lane Splitting Legality: Navigating Motorcycle Accident Fault

Key Takeaways

  • Lane splitting involves a motorcycle riding between the lanes of traffic.
  • Motorcycles splitting lanes can reduce traffic congestion and improve mobility for motorcycle riders.
  • Lane splitting and lane filtering is only legal in a few states, including California, Montana, Arizona, and Utah.

Motorcyclists can move more quickly through traffic by splitting the lanes. This gives motorcycle riders more mobility during rush hour when other vehicles clog the highways. However, motorcycle lane splitting can be dangerous when drivers change lanes without looking. 

Drivers often blame motorcyclists for lane-splitting accidents. However, accidents are frequently caused by motorists not paying attention to motorcycle riders. To find out about your rights in a motorcycle accident claim, talk to an experienced motorcycle accident lawyer.

What Is Lane Splitting?

Lane splitting involves riding between the lanes of traffic. Also called white-lining or lane sharing, it can involve sharing a traffic lane with another vehicle. Lane splitting is common in heavy traffic when motorcycles can pass by slower cars because of their smaller size and profile. 

Lane splitting is legal in some states and illegal in others. It remains controversial, with advocates on both sides arguing for or against splitting lanes. For motorcycle riders, lane splitting increases mobility and allows them to avoid some accidents. Others argue that passing between lanes makes it harder for drivers to see motorcycles on the road. 

What Are State Traffic Laws for Lane Splitting?

The legality of lane splitting is off-limits in most states. Most motorcycle laws require motorcyclists to change lanes in the same manner as other vehicles. States may prohibit lane splitting because it often puts motorcyclists in the blind spot of drivers changing lanes. 

Only a few states have lane-splitting laws that allow motorcyclists to cut between traffic lanes and pass other vehicles. Lane splitting is legal in the following states: 

  • California
  • Montana

Lane filtering is legal in Utah and Arizona. 

According to a California study, 17% of the reported motorcycle collisions were lane-splitting at the time of the accident. Even though there was a high rate of lane split accidents, motorcyclists were generally traveling at lower speeds and had lower rates of alcohol impairment. Lane-splitting motorcyclists were less likely to suffer head injuries, torso injuries, and fatalities. There may be a lower rate of serious injuries because of lane splitting during slower-moving traffic.

According to the state of Utah, lane filtering is legal because it reduces traffic congestion and reduces the risk of injury when motorcyclists stop at red lights. However, there are limits to lane splitting. In Utah, lane filtering is not allowed on the freeway and is only possible when motorcyclists are not traveling faster than 15 miles per hour. 

Montana is the most recent state to legalize motorcycle riding between lanes. In 2021, Montana passed a lane-splitting law that allows motorcyclists to share lanes safely if they are not going more than 20 miles per hour. States like Washington and Colorado are considering lane-splitting laws to improve traffic safety.

Who Is Liable in a Lane Splitting Motorcycle Accident?

Right-of-way violations are the leading cause of motorcycle crashes involving other vehicles. Motor vehicles do not always yield to motorcycles with the right of way. This can happen when drivers violate right-of-way laws or don’t check blind spots when approaching motorcycles.

Liability in most auto accidents involves negligence. A negligent rider or driver breaches their duty of care to others on the road. You can show negligence in a motorcycle accident case when another driver violates traffic laws and causes a car accident. For example, if a driver changes lanes without signaling and hits a motorcycle, the motorist is liable for the accident. 

Where lane splitting is illegal, motorcyclists injured while splitting lanes may be negligent. Even if the other driver also caused the accident, the motorcyclist’s shared liability may limit how much they get in a lawsuit. In most states, a motorcyclist’s damages will be reduced by their share of negligence. 

How Can a Motorcycle Defect Lawyer Help?

A personal injury attorney can give you a case evaluation and explain your legal options. If you were hit by a careless driver, you can file a personal injury claim against the driver. This will allow you to recover money for medical bills, lost wages, and property damage.

A personal injury lawyer can also negotiate with the insurance company to get you the maximum settlement. Contact an experienced motorcycle accident lawyer for help after a motorcycle crash.

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