Is lane splitting legal in CA? Learn the rules, safety tips, and what to do if you’re in a motorcycle accident. Contact Motorcycle Law Pro for help.

Understanding Lane Splitting in California: What Every Rider Should Know

Riding a motorcycle in California offers a unique sense of freedom, and for many, lane splitting is a part of that experience. It can be a way to navigate congested traffic, potentially reducing commute times. However, it’s also a topic surrounded by questions, and critically, it can be a factor in a serious motorcycle accident. At Motorcycle Law Pro, we understand the nuances of motorcycle laws in California, including those surrounding lane splitting. This post aims to clarify the legality of lane splitting, offer safety insights, and explain what steps to take if you’re involved in an accident while doing so.

For years, California was the only state where lane splitting wasn’t explicitly illegal, existing in a legal gray area. That changed in 2016 when Assembly Bill 51 (AB 51) was signed into law, formally defining lane splitting and authorizing the California Highway Patrol (CHP) to develop educational safety guidelines.

What Exactly is Lane Splitting?

Lane splitting, sometimes called lane sharing or filtering, is defined by California Vehicle Code (CVC) Section 21658.1 as “driving a motorcycle, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane including on both divided and undivided streets, roads, or highways.”

Essentially, it’s the practice of riding your motorcycle between lanes of traffic moving in the same direction. While this can be an efficient way to move through gridlock, it’s crucial to understand that its legality is conditional on being performed in a “safe and prudent” manner. This vague phrasing means that the circumstances of each situation, especially if a motorcycle accident occurs, will be heavily scrutinized.

The Official Stance: Is Lane Splitting Legal in California?

Yes, lane splitting is legal in California, provided it is done safely. The CHP, along with other traffic safety organizations like the California Motorcycle Safety Program (CMSP), has issued guidelines – not hard-and-fast laws with specific speed limits, but strong recommendations – to help riders lane split more safely. These guidelines are crucial because if an accident occurs, whether or not a rider was adhering to these safety suggestions can significantly impact a personal injury claim.

CHP Lane Splitting Safety Tips: Riding “Safe and Prudent”

While AB 51 legalized and defined lane splitting, it didn’t set specific rules like maximum speed differentials. Instead, it tasked the CHP with developing safety guidelines. These guidelines emphasize that the safety of both the motorcyclist and surrounding motorists is paramount. Key considerations include:

• Speed Differential: The CHP advises against lane splitting when traffic is moving at 30 mph or faster. When you do lane split, your speed should be no more than 10 mph faster than the traffic around you. For example, if traffic is moving at 20 mph, you should not exceed 30 mph.
• Overall Traffic Speed: Lane splitting is generally considered safer in slow-moving or stopped traffic. Splitting lanes at high speeds, or when other traffic is moving freely, significantly increases risk.
• Lane Width: Consider the width of the lanes. Not all lanes are wide enough to allow safe passage.
• Environment: Factors like weather, road conditions (e.g., wet or uneven pavement), lighting, and the general behavior of other drivers all play a role in whether lane splitting is prudent.
• Rider Awareness and Visibility: Always assume other drivers do not see you. Wear bright or reflective gear, use your headlights, and be hyper-aware of your surroundings, including vehicles suddenly changing lanes or car doors opening.
• Avoid Certain Areas: It’s generally not advisable to lane split near freeway on-ramps or off-ramps where vehicles are merging or in lanes next to large vehicles like trucks and buses, which have larger blind spots.

Failing to adhere to these safety considerations doesn’t automatically make a motorcyclist at fault in a motorcycle accident, but it can be used by insurance companies to argue comparative negligence. This is where having an experienced motorcycle attorney becomes invaluable.

Lane Splitting and Motorcycle Accidents: Understanding the Risks

Despite its legality, lane splitting inherently carries risks. Motorcyclists are less protected than occupants of passenger vehicles, and when riding between cars, the margin for error is slim. Common causes of motorcycle accidents involving lane splitting include:

• Unseen Lane Changes: A driver, not expecting a motorcycle, changes lanes directly into the path of the rider.
• Distracted Driving: Drivers texting, talking on the phone, or otherwise not paying attention are less likely to notice a lane-splitting motorcyclist.
• Sudden Stops or Slowdowns: If the flow of traffic changes abruptly, a motorcyclist may not have enough time or space to react.
• Driver Misjudgment or Aggression: Some drivers are unfamiliar with lane splitting or may react negatively, intentionally or unintentionally, creating a hazard.
• Limited Space: Misjudging the space between vehicles or encountering unexpectedly narrow gaps.

A 2015 study from the University of California, Berkeley’s Safe Transportation Research and Education Center (SafeTREC) found that lane-splitting motorcyclists involved in collisions were notably less likely to suffer head injury, torso injury, or fatal injury than motorcyclists who were not lane-splitting at the time of their crash. However, they were more likely to be rear-ended. The study also indicated that lane splitting appears to be safer when done in traffic moving at 50 mph or less, and when motorcyclists do not exceed the speed of other vehicles by more than 15 mph. While this study offers some positive insights, it also underscores the importance of the conditions under which lane splitting occurs.

If you are involved in a motorcycle accident while lane splitting, even if you believe the other driver was at fault, insurance companies may try to shift blame onto you. They might argue you were not lane splitting “safely and prudently.”

What to Do After a Lane Splitting Motorcycle Accident

The moments following any motorcycle accident are chaotic and stressful. If you’ve been in an accident while lane splitting, here are crucial steps to take:

1. Prioritize Safety and Medical Attention: Your health is paramount. If you can, move to a safe location away from traffic. Call 911 immediately to report the accident and request medical assistance, even if you feel okay initially. Adrenaline can mask injuries.
2. Document Everything: If you are able, take photos and videos of the accident scene, including vehicle positions, damage to all vehicles involved, skid marks, road conditions, and any relevant traffic signs or signals.
3. Exchange Information: Get the names, contact information, driver’s license numbers, insurance details, and license plate numbers of all drivers involved. Also, try to get contact information from any witnesses.
4. Cooperate with Law Enforcement: Provide a clear, factual account of what happened to the responding officers. Avoid admitting fault or speculating. Stick to the facts. Ensure a police report is filed.
5. Seek Medical Evaluation: Even if you declined medical treatment at the scene, get checked out by a doctor as soon as possible. Some serious injuries, like concussions or internal bleeding, may not have immediate symptoms.
6. Preserve Evidence: Keep all damaged gear, including your helmet, clothing, and any parts of your motorcycle. Do not repair your motorcycle until your attorney has had a chance to inspect it.
7. Report to Your Insurance Company: Notify your insurance provider about the accident, but be careful what you say. It’s often best to consult with a motorcycle attorney before giving a detailed recorded statement.
8. Contact an Experienced Motorcycle Attorney: This is a critical step. Accidents involving lane splitting can be complex. An attorney specializing in motorcycle cases, like the Motorcycle Law Pro, will understand California’s specific laws and how to build a strong case on your behalf.

How a Motorcycle Attorney from Motorcycle Law Pro Can Help

Navigating the aftermath of a motorcycle accident, especially one involving lane splitting, can be incredibly challenging. Insurance adjusters are often quick to try and assign blame to the motorcyclist, leveraging the “safe and prudent” clause to minimize payouts. This is where the expertise of a dedicated motorcycle attorney becomes indispensable.

Motorcycle Law Pro focuses on representing injured motorcyclists so we understand:

• The Nuances of Lane Splitting Laws: We know how to interpret CHP guidelines and apply them to the specifics of your accident.
• Accident Reconstruction: We work with experts to reconstruct the accident scene and demonstrate how the other party was at fault, even if you were lane splitting.
• Combating Biker Bias: Unfortunately, a bias against motorcyclists still exists. We fight to ensure you are treated fairly and that your rights are protected.
• Negotiating with Insurance Companies: We are skilled negotiators who will stand up to insurance companies that try to undervalue your claim or unfairly deny it.
• Maximizing Your Compensation: We’ll help you recover compensation for medical bills, lost wages, pain and suffering, damage to your motorcycle, and other losses.

We recognize that every motorcycle accident case is unique. If you were lane splitting responsibly and another driver’s negligence caused your injuries, you deserve to be compensated. Motorcycle Law Pro will investigate every detail, from witness statements and police reports to traffic camera footage and expert analysis, to build the strongest possible claim for you.

Don’t Navigate This Alone: Contact Motorcycle Law Pro Today

Lane splitting in California is a legal practice, but it requires diligence, skill, and a constant awareness of one’s surroundings. If you or a loved one has been injured in a motorcycle accident involving lane splitting, don’t let insurance companies intimidate you or unfairly assign blame.

Motorcycle Law Pro is here to help. We offer a free, no-obligation consultation to discuss your case, explain your rights, and outline how we can assist you in pursuing the justice and compensation you deserve. We understand the physics of motorcycle collisions and the prejudices riders often face. Let us put our specialized knowledge to work for you.

Contact Motorcycle Law Pro today by calling our office at (916) 936-2688, or filling out the contact form here to schedule your free consultation. Ride safe, and know that we are here for you if the unexpected happens.