Lane Splitting in California: Legality and Definition
Lane splitting, the practice of riding a motorcycle between lanes of stopped or moving traffic, has a unique status in California law. While not explicitly legalized, it’s not illegal either. This “gray area” existed until 2017 when AB 51 was passed, adding Section 21658.1 to the California Vehicle Code. This section officially defines lane splitting as “driving a motorcycle, with two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane” on both divided and undivided roads.
For years, the legality of lane splitting was unclear. Although the California Highway Patrol (CHP) and law enforcement agencies didn’t actively pursue lane splitters, no specific law addressed it. AB 51 changed this by formally recognizing lane splitting and mandating the CHP to create safety guidelines, making California the first state in the US to do so. It’s important to note that riding on the shoulder is illegal and not considered lane splitting.
OTHER CALIFORNIA MOTORCYCLE LAWS
- Age Restriction Law There’s no minimum age for motorcycle passengers in California. However, passengers must have their own seat and footrests that they can reach. This effectively means a child must be tall enough to no longer require a child safety seat (around 4’9″)
- Helmet Law California has a universal helmet law. All motorcycle riders and passengers, regardless of age, must wear a helmet that meets US Department of Transportation standards.
- Turn Signals Law Motorcycles manufactured and registered after January 1, 1973, must have working turn signals. Riders are required to use them at least 100 feet before turning or changing lanes.
Is Motorcycle Lane Splitting Really Safe?
Lane splitting safety is a complex issue with both potential risks and benefits. While it can be a safe maneuver when done correctly, it’s crucial to understand the factors that influence safety.
One concern is that drivers may not pay enough attention to motorcyclists who are lane splitting. Studies show that lane splitting contributes to a significant number of motorcycle accidents in California. However, research also suggests that lane splitting can be relatively safe under certain conditions.
The landmark Hurt Report, often cited by lane splitting proponents, indicates that lane splitting may slightly reduce the occurrence of motorcycle crashes. A study by UC Berkeley researchers found that lane splitting was relatively safe at speeds of 50 mph or less and when the motorcyclist was traveling no more than 15 mph faster than surrounding traffic. However, exceeding this speed differential significantly increases the risk of accidents.
It’s important to remember that lane splitting also offers potential benefits. It can help reduce traffic congestion and allows motorcyclists to avoid being rear-ended while stopped in traffic.
The CHP reminds motorcyclists that they are ultimately responsible for their own safety and decision-making while lane splitting.
Motorists Generally Don’t Like The Idea Of Motorcycles Splitting Lanes
One study found that nearly 80% of motorcyclists in California have engaged in lane splitting at one time or another. However, as many as 2/3 of motorists (according to an online survey) think lane splitting is a dangerous practice and passing an official California lane splitting law would be a bad idea. In fact, many motorists have voiced the opinion that the practice should be made illegal, citing personal anecdotes involving “bullies” on bikes and at least one instance in which a woman was struck twice in one year by lane splitting motorcycles.
This resentment is a manifestation of the bias against bikers that prevails into the criminal justice and civil liability systems here in The United States. However, that resentment is not completely without justification. A quick search of news articles online finds dozens of pieces about motorcyclists speeding, riding erratically, engaging in unsafe behaviors and worse. These bad apples have tainted public opinion against every biker and made it difficult to officially pass a motorcycle lane splitting law in California.
California Lane Splitting: CHP Safety Guidelines
The California Highway Patrol (CHP) has developed safety guidelines for motorcyclists who choose to lane split. These guidelines aim to reduce the risk of accidents and promote safe riding practices.
● Lane splitting speed is crucial. The risk of a motorcycle accident increases as your speed and the speed differential between your bike and traffic increase.
● Lane positioning: It’s generally safer to lane split in the far left lanes.
● Avoid large vehicles: Lane splitting near large vehicles like trucks, buses, or RVs is extremely dangerous.
● Blind spots: Be aware of drivers’ blind spots and avoid staying in them for extended periods.
● Visibility: Increase your visibility by wearing high-visibility clothing and using your high beams during daylight hours.
By following these guidelines, motorcyclists can help reduce the risks associated with lane splitting and contribute to safer roads for everyone.
Lane Splitting Laws by State
While California is the most well-known state for legally recognizing lane splitting, the practice is treated very differently in other parts of the United States. Some states have specific laws allowing lane splitting with conditions, while others prohibit the practice entirely. Understanding the legal status of lane splitting in various states is crucial for motorcyclists who may be traveling or relocating. Below is a table outlining the lane splitting laws in different states, including whether it is legal or illegal, and any important conditions or restrictions that apply.
| State | Lane Splitting Law | Details |
| California | Legal, with regulations | As of January 1, 2017, lane splitting is explicitly recognized under Section 21658.1 of the Vehicle Code. |
| Utah | Legal, with conditions | Lane splitting is permitted when traffic is stopped or moving under 45 mph. Riders must stay under 10 mph faster than traffic. |
| Arizona | Illegal | Arizona has no laws allowing lane splitting. Riders caught splitting lanes may face fines. |
| Oregon | Illegal | Lane splitting is prohibited in Oregon. Any motorcycle riding between vehicles is considered illegal. |
| Nevada | Legal, with conditions | Nevada allows lane splitting when traffic is stopped. However, the practice is restricted to highways with at least two lanes in each direction. |
| Washington | Illegal | Washington law does not permit lane splitting, and riders are prohibited from riding between vehicles. |
| Colorado | Legal, with conditions | Colorado permits lane splitting under certain conditions, typically only in traffic moving less than 25 mph. |
| Florida | Illegal | Lane splitting is illegal in Florida, and violators may face penalties. |
| Texas | Legal, with conditions | Texas allows lane splitting, but the practice is regulated to ensure safety. Riders must stay within traffic speed and use caution. |
| North Carolina | Illegal | Lane splitting is prohibited in North Carolina, with fines for riders caught splitting lanes. |
| Montana | Legal, with conditions | Montana law permits lane splitting in certain conditions, such as when traffic is moving below 25 mph. |
| Minnesota | Illegal | Minnesota has no laws allowing lane splitting. It is considered unsafe and illegal in the state. |
| Georgia | Illegal | Lane splitting is not allowed in Georgia, and violators may face fines and other penalties. |
| New York | Illegal | Lane splitting is not permitted in New York, and motorcycles must remain in their lane at all times. |
| Massachusetts | Illegal | Massachusetts law prohibits lane splitting, and motorcyclists can face fines for violating this law. |
| Michigan | Illegal | Lane splitting is prohibited in Michigan. Riders must stay within their designated lanes. |
| South Carolina | Illegal | South Carolina does not allow lane splitting. Motorcyclists are required to stay in their lane at all times. |
| Hawaii | Illegal | Hawaii has no laws permitting lane splitting, and it is considered unsafe and illegal on public roads. |
| Illinois | Illegal | Lane splitting is prohibited in Illinois, with penalties for riders caught splitting lanes. |
Notes:
- Legal with conditions means that the state has recognized lane splitting but with specific guidelines, such as speed restrictions or traffic conditions.
- Illegal means that the practice of lane splitting is not permitted and may result in penaltie
Who Is Liable For Lane Splitting Motorcycle Accidents?
One of the most complicated issues surrounding lane splitting in California is that of accident liability. While AB 51 isn’t technically a motorcycle lane splitting law in California, and doesn’t officially “legalize” the practice, the conditions laid forth in the modified California Vehicle Code and by the CHP officially recognizing lane splitting do give interested parties (such as insurance companies and motorcycle accident attorneys) a firm basis on which to build cases for liability.
AB 51 officially charged the California Highway Patrol with developing guidelines for motorcyclists to follow relating to lane splitting in order to “ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles.”
While these “guidelines” aren’t technically laws, the behaviors that they discourage can be portrayed as reckless, careless, and negligent. For example, if a motorcyclist is lane splitting at excessive speed or in a situation that’s not safe (such as between tractor trailers), that rider is knowingly engaging in activities that increase the risk of being involved in a motorcycle accident. That element of awareness can be construed as the rider accepting liability for any accident that may occur, even though motorcycle lane splitting is not one of the most common causes of motorcycle accidents.
On the flip side, any driver who actively (or even passively) engages in an activity that impedes with a riders ability to safely lane split and causes a motorcycle accident may now face complaints based solidly in legal precedence. For example, a driver sees a rider lane splitting and intentionally closes the gap between their vehicle and the traffic in the next lane over, they could be held liable if they cause a crash.
What it boils down to is that motorcycle accidents involving lane splitting still reside in murky legal waters. Without an explicitly worded motorcycle lane splitting law in California, it will continue to be hard for motorcyclists to get the compensation they deserve. However, AB 51 and the CHP’s safety guidelines give victims of lane splitting motorcycle accidents important tools they can use to shift liability from their shoulders to the motorist who actually caused their crash. But doing so won’t be easy, because the average person doesn’t fully understand the motorcycle lane splitting law in California – or lack thereof that permits lane splitting when done safely. Lane splitting accidents can be an uphill battle when trying to get fair compensation for your motorcycle accident.
Lane Splitting Accident: Client’s Story
This is how we helped a client who was injured in a motorcycle accident while lane splitting:
On a summer evening in American Canyon, California, a motorcyclist was lane splitting in traffic on the Napa Vallejo Highway. He was heading home to Napa, riding cautiously and observing lane splitting rules.
Suddenly, a car changed lanes without signaling, violating the motorcyclist’s right-of-way and causing a collision. The impact threw the rider from his motorcycle, resulting in a serious injury.
Injuries Sustained in the Motorcycle Accident
The at-fault driver admitted responsibility. However, the motorcyclist suffered a severe shoulder injury (a fractured clavicle) and required emergency medical treatment, including surgery. He was unable to work for two months during his recovery.
Securing a Settlement for Our Client
Facing mounting medical bills, including a $45,000 emergency room bill, the motorcyclist contacted our firm for legal assistance with his motorcycle accident case.
Our legal team acted quickly, gathering medical records and building a strong case. We negotiated with the at-fault driver’s insurance company and secured a $100,000 settlement for our client. This covered his medical expenses, lost wages, and pain and suffering.
We Provided Enormous Value By Negotiating Significant Reductions Of The Motorcyclist’s Medical Bills.
Due to the large amount of outstanding medical expenses and limited settlement funds, Sally Morin and her team started looking for other ways to increase the value of the motorcyclist’s claim. Deciding to tackle the outstanding medical bills next, the team began negotiations with the motorcyclist’s health insurance company. Sally Morin and her team were successful in reducing the medical lien by thousands of dollars, ultimately increasing the amount of money going directly to the motorcyclist.
The motorcyclist’s personal injury claim was resolved only three short months after his accident, allowing him to put the trauma behind him quite quickly and get back to his life. Using their experience and expertise in the area of helping people in a motorcycle accident while lane splitting, Sally Morin and her team maximized the motorcyclist’s claim, fighting for a great net settlement that allowed her client to feel financially sound once again. Needless to say, Sally Morin Personal Injury Lawyers has another happy client!
If you or someone you love has questions about a motorcycle accident while lane splitting, reach out or get a FREE online case evaluation now. Or, learn more about how to find the best California motorcycle accident lawyer.
Consult With A Pro If You’ve Suffered A Lane Splitting Motorcycle Accident
Make sure you know what to do after a lane-splitting motorcycle accident. The motorcycle lane splitting law in California is very misunderstood by motorists, witnesses and the general public. So, if you or someone you love has suffered serious injuries in a lane-splitting motorcycle accident, see if we can help by getting a FREE case evaluation anytime 24/7.
We’ve obtained solid settlements (like this one for $550,000) in lane splitting motorcycle accident cases for our clients.
If you’ve been injured, consult with an experienced motorcycle accident attorney in California to learn your rights and the expectations put on you during the recovery process.
Sincerely
KJJ
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