Motorcyclists love the freedom of the open road. But when traffic slows down, a motorcyclist may feel like their freedom is severely restricted. Suddenly, a ride becomes boring and mundane. Some riders choose to keep moving by slipping between lanes of cars—a practice known as lane splitting.
Lane splitting has been subject to debate in the United States for many decades. Some people argue it helps prevent rear-end collisions and eases traffic congestion. Others say it’s reckless and puts both motorcyclists and drivers at risk. But it doesn’t matter who is right or wrong in this debate. What matters is that lane splitting is common on our roads, and when it causes a traffic accident, determining fault becomes more important than anything else.
If you have been injured in a lane splitting accident, you should always seek a seasoned Bakersfield motorcycle injury attorney. They know the laws and will help you understand your rights and options.
In this guide, we will discuss the dangers of lane splitting and explain who and when may be responsible for an accident involving this common practice.
What Is Lane Splitting?
Imagine a motorcyclist stuck in bumper-to-bumper traffic. Cars are barely crawling. Then, the rider sees an opening—the narrow space between lanes. The motorcyclist decides to ease through the gap, passing rows of idling cars. That’s lane splitting.
Lane splitting is when a motorcyclist rides between slow-moving or stopped traffic lanes. Instead of waiting in line with cars, riders squeeze through the spaces between them, often at lower speeds. It’s not the same as lane filtering, where motorcyclists only move to the front at stoplights.
- Fact: According to research published on the website of the California Office of Traffic Safety, 17 percent of the studied motorcycle crashes involved lane splitting.
Some riders consider it a smart way to avoid rear-end crashes and save time. However, many drivers don’t expect motorcycles to appear next to them while stuck in traffic. This is where the danger—and the controversy—begins. Whether lane splitting is legal or not depends on the state, but one thing is sure: when an accident happens, proving fault can be a challenge.
Dangers of Lane Splitting
Lane splitting might save time, but it comes with risks. One wrong move—by a motorcyclist or a driver—can lead to a serious crash. And even experienced riders have little room for error when weaving between cars. So what makes it dangerous?
- Many drivers don’t expect it: Most are focused on the car in front of them, not the tiny gap between lanes. If they don’t check their mirrors or blind spots, they might change lanes into a passing motorcyclist. A sudden door opening or a quick swerve can spell disaster.
- Limited space means limited reaction time: When a motorcyclist lane splits, there’s little room to maneuver. If a driver drifts even a few inches, the rider might have nowhere to go. Unlike cars, motorcycles don’t have seatbelts or airbags, so even a minor collision can cause serious injuries.
- Road conditions: A pothole or debris that a car can roll over without issue can send a motorcyclist flying. Avoiding hazards is even harder when lane-splitting because there’s little space to swerve. Wet roads or uneven pavement add another layer of danger.
- Speed differences: Most accidents happen when the speed difference between the motorcycle and the surrounding traffic is too high. If traffic is crawling at 5 mph and a rider is going 40 mph, there’s almost no time to react if a car suddenly moves.
- It can be illegal: If a motorcyclist lane splits in a state where it’s illegal, they can automatically be blamed for the crash. Yes, even if the driver was careless. Insurance companies will use this against them to avoid paying claims.
Bottom line? Lane splitting can be safe in the right conditions, but only if motorcyclists and drivers stay alert. Unfortunately, that’s not always the case. And when accidents happen, proving fault can become quite complicated. This is when a seasoned motorcycle accident attorney can be your best ally. They can investigate the accident to determine fault and hold the responsible party responsible.
Where Is Lane Splitting Legal?
Lane splitting isn’t just controversial. It’s also a legal gray area in most states. Some places allow it, some strictly forbid it, and others leave it up to interpretation. So, where can motorcyclists legally weave through traffic without worrying about a ticket?
To date, California is the only state where lane splitting is fully legal. Riders can move between lanes as long as they do it safely. The California Highway Patrol (CHP) even provides guidelines for lane splitting.
Some states partially allow lane splitting:
- Utah: Lane filtering (not full lane splitting) is allowed at stoplights when traffic is stopped.
- Montana: Lane filtering is legal under certain conditions.
- Arizona: The state legalized lane filtering at stoplights in specific cases.
Everywhere else? It’s a risky bet. Most states either explicitly ban lane splitting or have no laws addressing it. If there’s no law allowing it, riders can still get ticketed for reckless driving or unsafe lane changes. Even worse, insurance companies may automatically blame the motorcyclist if an accident happens.
Laws can change, so it’s always a good idea to check with your state’s Department of Motor Vehicles (DMV) or local law enforcement. Even in states where lane splitting isn’t legal, some officers may be more lenient if a rider is doing it safely.
Who’s at Fault in a Motorcycle Accident Involving Lane Splitting?
Motorcyclists often get blamed for accidents just because they were lane-splitting. But that’s not fair—especially when they were riding responsibly and following the law. If a motorcyclist is obeying traffic laws and riding safely, they should not be held at fault because they were lane splitting.
Unfortunately, however, drivers aren’t always paying attention to motorcycles, especially when the latter are lane-splitting. Many don’t check their mirrors, use their turn signals, or even expect a rider to be passing between lanes. When a driver’s negligence leads to a crash, they may be at fault.
- Changing lanes without looking: This is one of the most common causes of motorcycle accidents. A driver decides to switch lanes without checking their blind spot, and suddenly—BAM!—they collide with a motorcyclist. Just because a bike is smaller doesn’t mean drivers don’t have to look for it.
- Opening a car door without checking: In slow-moving or stopped traffic, some drivers get impatient and decide to step out of their car. If they swing their door open without checking their mirrors, a motorcyclist lane splitting past them has no time to react. This kind of accident can be devastating for the rider.
- Distracted driving: Texting, adjusting the radio, eating—drivers do it all. If a driver is distracted and drifts slightly out of their lane, they can clip a motorcyclist passing by. A second of inattention is all it takes to cause a serious accident.
- Aggressive or road rage behavior: Not all drivers approve of lane splitting, and some take it personally. Some may intentionally block a motorcyclist, swerve toward them, or even try to “teach them a lesson” by cutting them off. This is reckless driving and can make the driver fully responsible for a crash. According to the AAA Foundation for Traffic Safety, nearly 80 percent of drivers admit to expressing anger or aggression while driving in the previous 30 days.
- Sudden braking or swerving: If a driver slams on their brakes or makes an abrupt lane change without signaling, a motorcyclist may not have time to react. Even if the bike doesn’t hit the car, the rider may be forced to lay down their bike or swerve into another vehicle to avoid a collision.
Not every lane-splitting accident is just between a motorcyclist and a driver. Sometimes, a third party—like a government agency, another driver, or even a vehicle manufacturer—may be responsible. These situations are less obvious but happen more often than you’d think.
- Bad road conditions: Motorcycles need a smooth, stable road surface. Potholes, loose gravel, uneven pavement, or debris can cause a rider to lose control. If a poorly maintained road caused your accident, the city or state responsible for maintaining that roadway can be at fault.
- Another driver’s reckless behavior: Sometimes, the driver who hit you isn’t actually the one who caused the accident. Picture this: A reckless driver cuts off another car, forcing that driver to swerve right into a lane-splitting motorcyclist. In this case, the reckless driver—who may not have even been involved in the crash—can still be responsible.
- Defective motorcycle or car parts: A mechanical failure at the wrong moment can be deadly. If a motorcycle’s brakes fail or a car’s turn signals don’t work properly, a crash can happen in an instant. In these cases, the manufacturer of the defective part can be held responsible.
The bottom line is this: When a motorcyclist is lawfully lane-splitting and not violating any other traffic rules, they shouldn’t be blamed for the accident.
Lane-splitting accidents aren’t always black and white. If you suffered an injury in a lane-splitting accident, a motorcycle accident lawyer can investigate your case and help hold the right party accountable.
How to Prove Fault in a Lane Splitting Accident?
Proving fault in a lane-splitting accident isn’t always easy. Insurance companies often try to blame the motorcyclist, especially in states where lane splitting is illegal or not clearly defined. But just because you were lane-splitting doesn’t mean you were at fault. You need solid evidence to prove what happened.
Check the State Laws
The first thing to consider is whether lane splitting is legal in the state where the accident happened. If it’s legal (like in California), drivers are expected to watch for motorcycles and share the road safely. The motorcyclist may face an uphill battle if it’s illegal, but fault still depends on how the accident occurred.
Look at Driver and Rider Behavior
Insurance companies and courts will examine how the driver and motorcyclist behaved before the crash.
- Was the motorcyclist lane splitting at a safe speed?
- Did the driver check their mirrors and use their turn signal before changing lanes?
- Was anyone distracted, speeding, or acting aggressively?
Even if a motorcyclist was lane-splitting, the driver can still be at fault if they were careless or reckless. This is where the experience of a dedicated motorcycle accident attorney comes in. A lawyer will listen to your story and assess the circumstances surrounding the accident to determine the best course of action.
Gather Witness Statements
Their testimony can be vital if other drivers or pedestrians saw what happened. A witness who saw a driver suddenly change lanes without looking can help establish who was at fault.
Use Dashcam or Surveillance Footage
Video evidence is one of the best ways to prove fault. Dashcams, traffic cameras, and even security cameras from nearby businesses might have captured the crash. If you have footage, it can provide clear proof of how the accident happened.
Examine the Damage and Skid Marks
Accident investigators often analyze vehicle damage and skid marks on the road. The impact location on the motorcycle and car can indicate who moved where. Skid marks can also show whether the driver or rider tried to brake or swerve to avoid the crash.
Look for Signs of Distracted or Reckless Driving
Cell phone use while driving is responsible for about 1.6 million crashes per year, according to National Safety Council (NSC) data. If the driver was on their phone, eating, or engaged in road rage, they can be held responsible. Witnesses, traffic cameras, and phone records can help prove distraction or reckless behavior.
Get a Professional Accident Reconstruction
Sometimes, proving fault requires expert analysis. An accident reconstruction expert can break down speed, movement, and impact angles to show what happened. It can be especially useful in complex cases where both sides are blaming each other.
Don’t Let Insurance Companies Blame You Unfairly, Call A Motorcycle Accident Attorney
Insurance companies often assume the motorcyclist is at fault in a lane-splitting accident. But fault isn’t always that simple. If you suffered an injury, don’t accept blame without a fight. A Bakersfield personal injury lawyer can gather the evidence, challenge unfair claims, and help you get the compensation you deserve. Don’t delay, call now.