Yes, lane splitting is legal in the state of California. For motorcyclists, it is a common way to move through traffic, but for both riders and drivers, the rules surrounding this practice is not well-understood.
However, things get messy when lane splitting is involved in an accident. When this happens, insurance companies for the other party may immediately try to shift all the blame onto the motorcyclist. They may argue the rider was behaving recklessly, even if that is not the case. Reality is more nuanced, as we will explain in more detail.
If you were injured in a motorcycle accident lawyer in Bakersfield, California involving lane splitting, connect with the Law Offices of Mickey Fine. Our firm has been representing the injured for years, and we are deeply familiar with the complexities of California’s vehicle codes.
For a no-obligation conversation about your case, call us at (661) 333-3333 today.
So, What Does California Law Actually Say About Lane Splitting?
The Foundation: Assembly Bill 51 and CVC 21658.1
For many years, the practice of lane splitting existed in a legal gray area in California. It was not explicitly forbidden, but it wasn’t officially sanctioned either. This changed in 2016 when Assembly Bill (AB) 51 was signed into law, which authorized the CHP to develop educational guidelines and formally defined the practice.
This bill led to the creation of California Vehicle Code (CVC) Section 21658.1, the statute that officially legalized and defined lane splitting in the state. This law provided much-needed clarity for both motorcyclists and the drivers who share the road with them.
What is the Legal Definition of Lane Splitting?
The law defines “lane splitting” as driving a motorcycle with two wheels on the ground between rows of stopped or moving vehicles in the same lane. This includes divided and undivided streets, roads, and highways.
In simple terms, this means: a rider may travel between cars on freeways, city streets, and at intersections, as long as it’s done in a “safe and prudent” manner. The core idea is that the action must be reasonable given the conditions. This is a very important point, as an insurance adjuster’s interpretation of what is “safe and prudent” may differ from yours. This is why it is all the more important to get legal assistance immediately if you’ve been in a crash.
It is also useful to distinguish lane splitting from a more limited practice known as “lane filtering.” While the terms are sometimes used interchangeably, lane filtering typically refers to moving between vehicles that are stopped, such as at a traffic light. California law is broader, permitting full lane splitting between both stopped and slow-moving traffic, unlike some other states that only permit filtering.
Ok, But Is It Safe? Understanding the CHP’s Safety Guidelines
While the law makes lane splitting legal, it doesn’t set a specific speed limit for doing so. Instead, CVC 21658.1 directs the California Highway Patrol (CHP) to create safety guidelines. These guidelines are based on research and consultation with motorcycle safety organizations to promote a safer road environment for everyone.
These guidelines are not law, but they are critical: Insurance adjusters and juries frequently use them as a benchmark to decide if a rider was being reasonably careful. If you were lane splitting outside of these recommendations, an insurer may argue you were negligent and therefore at fault for the collision.
The key CHP recommendations for riders include:
- Mind the Speed Differential: You should not ride more than 10 MPH faster than the traffic around you. A greater difference in speed makes it harder for drivers to see you and for you to react to sudden movements.
- Avoid High-Speed Splitting: The CHP discourages lane splitting when the flow of traffic is moving faster than 30 MPH. As overall speeds increase, so does the danger.
- Stay Out of the “Shoulder”: The law applies to lanes of traffic, not the emergency shoulder. Riding on the shoulder is illegal and is not considered lane splitting.
- Be Visible and Alert: You should always assume that drivers do not see you. Wear brightly colored or reflective gear, use your high beams during the day, and be prepared for sudden lane changes from other vehicles.
Who is At Fault in a Lane Splitting Accident?
In California, the answer is not always simple. The state follows a legal doctrine that can have a significant impact on your ability to recover compensation.
Comparative Negligence
California operates under a “pure comparative negligence” standard. In plain English: this means California law recognizes that more than one person may be responsible for an accident. Fault is assigned as a percentage to each party involved.
Any compensation you can recover is then reduced by your percentage of fault. For example, if a jury finds you suffered $100,000 in damages but decides you were 20% at fault for the accident, your final award would be reduced by that 20% to $80,000. Because of this rule, an insurance company is incentivized to place as much blame as possible on you to reduce its payout.
How Might a Motorcyclist Be Found At Fault?
A motorcyclist could be assigned partial or full fault for a lane splitting accident in several ways, such as:
- Riding at a speed much faster than the flow of traffic, in violation of the 10 MPH rule of thumb.
- Splitting lanes when traffic is moving at high speeds (for instance, over 30-40 MPH).
- Making sudden movements without signaling.
- Lane splitting in poor weather, low visibility, or on roads in bad condition.
- Not being adequately visible to other drivers.
How Might a Driver Be Found At Fault?
Drivers of cars and trucks also have a responsibility to be aware of their surroundings. A driver might be found at fault for causing a lane splitting accident if they:
- Change lanes without checking their blind spot.
- Intentionally block or impede a motorcyclist from passing.
- Open a car door into the path of a motorcyclist.
- Make a sudden turn across multiple lanes of traffic without proper signaling.
- Are driving while distracted (texting, for example), which severely reduces their awareness of nearby vehicles, including motorcycles.
What Are the Most Common Injuries and Damages in Lane Splitting Collisions?
Due to the lack of physical protection offered by a motorcycle, accidents involving lane splitting may result in severe injuries. Even at low speeds, the impact with a car or the pavement may be devastating.
Physical Injuries Can Include:
- Road Rash and Severe Abrasions: This happens when a rider skids across the pavement, and it may cause deep skin damage, infections, and permanent scarring.
- Broken Bones or Fractures: The limbs, ribs, and pelvis are particularly vulnerable to fractures in a motorcycle accident.
- Spinal Cord Injuries: Damage to the spinal cord may result in permanent nerve damage, chronic pain, and paralysis (paraplegia or quadriplegia).
- Traumatic Brain Injuries (TBIs): A TBI is one of the most serious outcomes of any vehicle accident and may occur even if the rider is wearing a helmet. These injuries may lead to long-term cognitive and physical disabilities.
Recovering Damages for Your Injuries
If you were injured due to another person’s negligence, you may be able to pursue compensation for your losses, which are categorized as “damages.”
Economic Damages: This refers to your measurable financial losses. Examples include:
- Medical bills, including emergency care, surgeries, physical therapy, and any future medical treatments.
- Lost wages from the time you were unable to work while recovering.
- Loss of future earning capacity if your injuries prevent you from returning to your previous job.
- The cost to repair or replace your motorcycle and other damaged property.
Non-Economic Damages: These damages compensate you for non-financial harms, which are real but harder to assign a dollar value to. This includes:
- Pain and suffering.
- Emotional distress, including anxiety, depression, or Post-Traumatic Stress Disorder (PTSD).
- Loss of enjoyment of life.
Important Note: Under California law, you can typically only pursue compensation for emotional trauma if you have also sustained a physical injury in the accident. While claims for purely emotional harm exist, they are very limited and typically do not apply in a standard negligence case like a vehicle accident. This makes documenting your physical injuries even more important.
Frequently Asked Questions About Lane Splitting Accidents
Does lane splitting affect my motorcycle insurance rates?
While the practice of lane splitting itself is legal and should not impact your rates, being found at fault in any accident may lead to an increase in your insurance premiums. If an accident occurs while you are lane splitting, the other party’s insurer will likely try to assign fault to you to avoid paying a claim and to potentially trigger a rate increase.
What if the driver says they never saw me?
This is one of the most common defenses used by drivers after a collision with a motorcycle. However, “I didn’t see you” is not a complete legal excuse. Every driver has a duty of care to check their surroundings, including their mirrors and blind spots, before changing lanes or making a turn. A failure to do so may be considered negligence.
Can I be found partially at fault even if the other driver got a ticket?
Yes. A traffic citation issued by a police officer is separate from a finding of liability in a civil personal injury claim. Even if the driver was ticketed for an unsafe lane change, the principle of comparative negligence still applies. A jury (or an insurance adjuster) could decide that while the driver was mostly at fault, your actions—for instance, lane splitting at a speed considered unsafe for the conditions—contributed to the accident.
Is there a deadline for filing a lane splitting injury claim in California?
Yes. In most cases, the statute of limitations for filing a personal injury lawsuit in California is two years from the date of the injury. If a government entity is involved (for example, if you were hit by a city bus), the deadline is much shorter—you may have as little as six months to file a formal claim. It is important to act quickly to preserve your right to seek compensation.
Why shouldn’t I just accept the insurance company’s first settlement offer?
First settlement offers from insurance companies are almost always low. These initial offers are made quickly in the hope that you will accept before you understand the full extent of your injuries and losses. The offer may not account for future medical care, lost earning potential, or the complete scope of your pain and suffering. Once you accept a settlement, you close your claim for good and cannot seek additional funds if your condition worsens.
Secure Your Rights After a Motorcycle Accident
Lane splitting is legal in California, but that legality does not stop insurance companies from using it against injured riders. Don’t let an adjuster’s bias stand in the way of the compensation available under the law. You need a team that understands the specific realities of motorcycle accidents in California.
Lane splitting is legal in California, but that legality does not stop insurance companies from using it against injured riders. Don’t let an adjuster’s bias stand in the way of the compensation available under the law. You need a personal injury lawyer in Bakersfield, California, and a team that understands the specific realities of motorcycle accidents in California.
Contact us for a direct, no-cost evaluation of your case. Call (661) 333-3333 now.