Why Did California Legalize Lane Splitting?

California is one of the only states in the nation with laws that say that lane splitting is legal for motorcyclists under certain conditions. The reason the state made it legal is mainly for the sake of relieving traffic congestion, as allowing motorcycles to share lanes with other vehicles means that they are taking up less space on the roadway. The California Motorcycle Safety Program (CMSP) provides specific speed recommendations for lane splitting to enhance motorcyclist safety, indicating that proper adherence to these guidelines can help mitigate the risks associated with this riding practice.

If you were injured in a motorcycle accident that occurred while you were legally splitting the lane with another motor vehicle, an experienced accident attorney can help you understand the process of seeking compensation for the expenses and impacts of your injury. Our team at Setareh Law is here to help you get the compensation you deserve.

What Is Lane Splitting?

Lane splitting occurs when a motorcycle travels between two rows of stopped or moving vehicles, using the same lane as the vehicles to move forward in areas of traffic congestion. Lane filtering, on the other hand, is a technique used by motorcyclists to move to the front of stopped or slow-moving traffic, particularly at traffic lights or in congested areas.

Also, it is illegal for drivers to intentionally block or impede a motorcyclist from lane splitting. The duty of care is on the drivers of cars and trucks to check mirrors and blind spots before changing lanes to ensure that a motorcycle is not present in the lane. Then, they are to move to the far left of the left lane in order to provide riders with ample room to pass.

History of Lane Splitting in California

Lane splitting has been a long-standing practice in California, with motorcyclists using it to navigate through congested traffic and save time. The California Highway Patrol (CHP) has long provided guidelines for safe lane splitting, but interpretations of what constitutes “safe” or “reckless” lane splitting have varied.

Recognizing the need for clarity, Assemblyman Bill Quirk introduced AB51 into the state legislature in 2016. This bill aimed to formally legalize lane splitting and was signed into law by Governor Brown in 2017. While the law did not explicitly define the parameters of lawful lane splitting, it directed the California Vehicle Code (CVC) Section 21658.1 to empower the CHP to establish clear guidelines. These guidelines help ensure that motorcyclists can split lanes safely and responsibly, contributing to smoother traffic flow and reduced congestion.

What Are California’s Rules on Lane Splitting?

While lane splitting is legal in California, it doesn’t mean that anything goes when it comes to sharing a lane with other motor vehicles. The lane-splitting law does not permit motorcyclists to ride on the shoulder of the road or to share a lane with a large vehicle such as a semi-truck or a motorhome. 

Additionally, riders are not permitted to travel more than 10 miles per hour faster than the flow of traffic, and if the traffic is moving at more than 30 miles per hour, lane splitting should not occur. Additionally, riders are urged not to lane split near freeway on-ramps as this can make it difficult for drivers merging onto the roadway to determine a safe area to enter the lane.

Benefits of Lane Splitting

Lane splitting offers several significant benefits, both for motorcyclists and the overall flow of traffic. By allowing motorcyclists to keep moving through slow or stalled traffic, lane splitting reduces the risk of rear-end collisions, which are common in congested traffic. This practice also helps to alleviate traffic congestion by enabling motorcycles to occupy less space on the road, thereby improving traffic flow and reducing travel times for all road users.

The American Motorcyclists Association advocates for more states to consider making lane splitting legal, citing its potential to enhance safety for motorcyclists and reduce overall traffic congestion. By keeping motorcyclists moving, lane splitting can make the roads safer and more efficient for everyone.

Safe Lane Splitting Practices

To ensure safety while lane splitting, motorcyclists should adhere to several key practices. First and foremost, riders should assess their own skill level and confidence before attempting to split lanes. It’s crucial to only split lanes when traffic is either stopped or moving slowly, and to avoid exceeding a speed of 10 MPH over the surrounding traffic. Motorcyclists should also limit their overall speed while splitting lanes, maintaining just a few miles per hour over the speed of traffic to minimize risk.

Visibility is another critical factor; riders should make themselves as visible as possible to other drivers and stay alert for vehicles that may be changing lanes. By following these guidelines, motorcyclists can significantly reduce the risks associated with lane splitting and navigate through traffic more safely.

When to Avoid Lane Splitting

While lane splitting can be beneficial, there are certain situations where it should be avoided to ensure safety. Motorcyclists should refrain from lane splitting when traffic is moving at high speeds, as the increased velocity can make it more dangerous.

Additionally, road hazards or debris can pose significant risks, making it prudent to avoid lane splitting in such conditions. It’s also important for motorcyclists to be aware of their surroundings and ensure that other drivers are aware of their presence. If a motorcyclist feels uncomfortable or lacks the necessary skill to split lanes safely, it’s best to avoid the practice altogether.

Furthermore, motorcyclists should always be aware of the specific laws and regulations regarding lane splitting in their state, as it remains illegal in many parts of the country. By exercising caution and good judgment, motorcyclists can make informed decisions about when to split lanes and when to avoid it.

How Fault Is Determined in a California Lane-Splitting Accident

Despite the fact that California legalized lane splitting to help with the flow of traffic, there are still many accidents that occur due to it. According to a UC Berkeley study, 17% of motorcycle accidents during a specific period involved lane splitting. Motorcyclists are at a major disadvantage when involved in an accident with another vehicle, as they lack the protective features found in most cars and trucks, such as seat belts, airbags, and a steel frame.

Negligent lane splitting, which involves improper or unsafe lane-splitting practices, can significantly impact the determination of fault in an accident and has serious legal implications.

A driver’s duty of care refers to the reasonable actions they are required to take when operating their vehicle on the roadway to avoid causing harm to others. Some of the factors that may determine fault in a lane-splitting accident include:

• How fast was traffic moving at the time of the crash?
• Did the driver signal their intentions when changing lanes so that the motorcyclist would know to avoid entering the lane?
• Did the driver use their mirrors and also physically check their blind spot before entering the lane?
• Was the collision intentional? Were there indications that the driver was attempting to prevent the motorcycle from overtaking them?

Your attorney can evaluate the police accident report as well as other types of evidence, such as photos from the accident scene and the testimony of eyewitnesses, to identify all sources of fault. This way, they can get you the compensation you deserve if you were injured following a motorcycle accident. Hiring a motorcycle accident attorney is crucial to handling disputes, gathering evidence, and ensuring effective communication with insurance companies.

Injured In a Lane-Splitting Accident? Contact a Motorcycle Accident Attorney at Setareh Law

When a motorcyclist is injured in an accident, they often face judgment from medical professionals, police officers, and insurance companies simply because of their choice of transportation. Motorcycle accidents frequently occur in conditions of slow-moving traffic, especially during lane splitting, which can lead to dangerous situations for motorcyclists. 

The legal team at Setareh Law understands and supports a motorcyclist’s legal right to use their vehicle on public roadways, as well as their right to lane split when the conditions of the roadway permit. Our Spanish-speaking team is prepared to help you tell your story and pursue the compensation you need to handle the expenses and impacts of your injury. Let us help you understand your legal options during this difficult time. For your free case evaluation, call (310) 659-1826 or fill out a contact form.