Is Lane Splitting Legal In California?

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Many motorcycle riders often enjoy taking advantage of lane splitting to prevent sitting in congested traffic and stay moving. This practice can help reduce overall congestion for others on the road as well. If you were involved in an accident involving lane splitting, you may be eligible for compensation for your injuries. A Long Beach motorcycle accident lawyer from Harting Simpkins and Ryan, LLP can help you explore your options for compensation.  

What Does California Law Define as Lane Splitting?

The California Highway Patrol explains that lane splitting is the practice of driving a vehicle with two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane. This can include divided and undivided streets, roads, or highways. This practice became legal on January 1, 2017.

The Dangers of Lane Splitting 

Despite being legal, the California Highway Patrol identifies lane splitting as a potentially dangerous practice, especially as the speed differential increases between stopped vehicles and moving motorcycles. 

Drivers who are not knowledgeable about motorcycle laws may not expect a rider to split lanes, which may increase the risk of an accident or injury, whether they fail to adequately check their blind spots or open their door unexpectedly. 

Practice Safe Lane Splitting 

In the event of an accident, the rider is more likely to suffer severe injury. So whether you are lane splitting legally or not, your safety is often your responsibility. Here are a few things to consider when determining whether it is safe to lane split:

  • Avoid speeding or going much faster than the traffic around you (this should be less than 10mph faster than the cars around you)
  • It is often considered safer to split the far left lanes rather than the other lanes of traffic
  • Don’t split lanes next to larger vehicles like trucks or buses
  • Avoid lingering in blind spots that may hide you from the drivers around you

In addition to these practices, you should always wear the appropriate safety gear. According to the California Motorcycle Handbook, all riders and passengers must wear a DOT-certified helmet. To further minimize injuries in case of an accident, riders should always wear additional eye, ear, and face protection, such as full-face helmets. Wearing jackets or pants meant for riding can reduce the risk of injuries such as road rash. 

When California Lane Splitting Is Not Legal

Though lane splitting is allowed, it is based on the judgment of the rider, and you may still be accountable for an accident that happens while lane splitting if you are doing so recklessly or illegally.

Driving on the shoulder of the road is not lane splitting and is not allowed under California law. 

Additionally, you cannot lane split on a divided road, where you are splitting with oncoming traffic. These practices can leave you at fault if you are in an accident. 

Lane Splitting and Comparative Negligence

The state of California observes pure comparative negligence laws, meaning your award can be reduced by the amount of responsibility you share. 

Suppose you have an accident where you were legally lane splitting, but you were going too fast for conditions. In this case, you may assume 10% of the responsibility, allowing you to collect 90% of the total damages.