California is one of a handful of states in the U.S. that permits lane splitting for motorcyclists. Lane splitting is when motorcycle riders drive between two lanes of traffic, traveling in the same direction, which is either stopped or moving at a slow speed.
Lane splitting is also referred to as “lane sharing.”
While you are free to share lanes in California, you are also obligated to obey all pertinent speeding laws and rules of the road while doing so. A failure to follow these laws can result in a traffic violation.
As to safe speeds you should maintain while lane splitting, the California Department of Motor Vehicles recommends you to:
- travel no faster than 10 mph over the speed of other motorists, and
- avoid lane splitting when surrounding traffic is traveling 30 mph or faster.
Note that if you are injured while splitting lanes, you can file a motorcycle lawsuit against the party who allegedly caused the accident.
If you prove the other party was negligent, you could receive compensation for:
- medical bills and medical expenses,
- lost wages,
- lost earning capacity,
- property damage, and
- pain and suffering.
Even if you contributed to the accident, you could still likely receive payment for any losses. However, the payment could get reduced in accordance with California’s comparative negligence laws.
Our California auto accident attorneys and motorcycle accident attorneys will highlight the following in this article:
- 1. What is lane splitting and is it safe?
- 2. What are California’s lane splitting laws?
- 3. Are there California lane splitting speed limits?
- 4. Can lane sharing impact a personal injury case?
Lane splitting is when you drive your motorcycle between two lanes of traffic, traveling in the same direction, which is either stopped or moving at a slow speed.
1. What is lane splitting and is it safe?
Lane sharing is when you ride your motorcycle on the dotted line between two lanes of traffic that are moving in the same direction.1
A 2015 study from UC Berkeley remains one of the top resources that discusses the safety of lane splitting in California. After analyzing nearly 1,000 accidents involving lane sharing, the study found that lane splitting is reasonably safe when the act is done at
- no more than 15 mph over the speeds of surrounding motorists.2
Note, though, that lawmakers in other states frown upon motorcycle lane splitting. They say the practice can increase the risk of certain types of motorcycle crashes, including:
- sideswipes,
- merging into other vehicle drivers,
- rear-end collisions, and
- collisions when rigs and vehicles are changing lanes.
2. What are California’s lane splitting laws?
On August 19th, 2016, California became the first state in the U.S. to declare lane splitting legal. A few other states have legalized the act in recent years. Some examples include:
- Utah,
- Washington, and
- Arizona.
(States that have considered legalizing lane-splitting – but have not yet – are Oregon and Maryland.)
While the California lane splitting law allows you to split lanes, you still have to follow any applicable speed limits and rules of the road.
In addition, you are encouraged to follow lane splitting safety tips published by the California Highway Patrol (CHP). While these tips are not laws per se, you are advised to follow them to increase motorcycle safety and reduce lane splitting accidents.
A few of the CHP’s guidelines encourage you to:
- consider the total environment before splitting lanes (including pertinent blind spots, the presence of large vehicles, lighting conditions, traffic congestion, and lane widths),
- split lanes between the far-left lanes as opposed to the other lanes,
- not ride on the shoulder of the road (which is illegal),
- wear bright colored/reflective protective gear.3
The DMV has issued certain speed-related suggestions that you should follow when lane splitting. These suggestions are not laws.
3. Are there California lane splitting speed limits?
You have to obey all pertinent speed limits when operating your motorcycles. A failure to do so can result in a California speeding ticket.
Further, the Department of Motor Vehicles has issued certain speed-related suggestions that you should follow when lane splitting. As with the CHP tips above, these suggestions are not laws. Though they are designed to reduce motorcycle accidents and increase biker safety.
The suggestions include that you should:
- travel no faster than 10 mph over the speed of other motorists when lane splitting, and
- avoid lane splitting when surrounding traffic is traveling 30 mph or faster.
The CHP also provides the below warnings as to speeding when sharing lanes:
- danger increases at higher speed differentials, and
- danger increases as overall speed increases.4
4. Can lane sharing impact a personal injury case?
Yes. If you are injured in a lane splitting accident, you can file a lawsuit or personal injury claim with the other party (or their insurance company) that allegedly caused the accident.
You could recover compensation for any losses if you can prove that the other party was a negligent driver. If successful, you could receive payment for:
- medical expenses,
- lost wages,
- future lost earnings,
- property damage, and
- pain and suffering.
Even if you were partly at fault, you can usually still recover some type of compensation in these cases. Though the total amount will get reduced in accordance with California’s rules on comparative negligence.
However, this is not to say that bikers help bring about an accident in every case. The CHP has made this quite clear by issuing the following safety tips for vehicle drivers:
- lane splitting by motorcyclists is legal in California,
- it is illegal to intentionally block a rider that is splitting lanes,
- it is illegal to open a door to impede a motorcyclist,
- check mirrors and blind spots before turning or changing lanes,
- make appropriate signaling before changing lanes or merging,
- be courteous and share the road.5
For additional help…
Contact us for a consultation with your personal injury case.
For additional guidance or to discuss your case with a personal injury lawyer, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both consultations and legal advice you can trust.
Our skilled lawyers also represent clients throughout California, including those in Los Angeles, San Francisco, and San Diego.
Legal References:
- California Assembly Bill No. 51. Gov. Jerry Brown signed AB 51 into law in 2016. The new law officially defined lane splitting in the California Vehicle Code. The bill also granted the California Highway Patrol (CHP) and the California Department of Motor Vehicles (DMV) (and to a large extent the Office of Traffic Safety and the Department of Transportation) the authority to publish lane splitting safety tips.
- Sarah Yang, Berkeley News: “Is motorcycle lane-splitting safe? New report says it can be,” (2015). See the CHP Lane-Splitting Safety Tips.
- CHP website, “California Motorcyclist Safety.” California Vehicle Code 21658.1. Educational guidelines for “lane splitting” – (a) For the purposes of this section, “lane splitting” means driving a motorcycle, as defined in Section 400, 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.
(b) The Department of the California Highway Patrol may develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles.
(c) In developing guidelines pursuant to this section, the department shall consult with agencies and organizations with an interest in road safety and motorcyclist behavior, including, but not limited to, all of the following:
(1) The Department of Motor Vehicles.
(2) The Department of Transportation.
(3) The Office of Traffic Safety.
(4) A motorcycle organization focused on motorcyclist safety. - See same.
- See same.