Motorcycle Lane Splitting In California: Legal, but Misunderstood

Riding a motorcycle has become an increasingly popular option for San Francisco area commuters. Not only do motorcycles save money on gas, but they also allow riders to better navigate through California’s notoriously congested traffic by passing through lane-splitting.

Unfortunately, many motorcyclists’ time-saving techniques are met with frustration – or even anger – from other drivers on the road. Nowhere is this more true than with “lane splitting,” which is the practice of advancing down the road in between lanes of slow or stalled traffic. Sadly, misunderstandings between riders and drivers all too often lead to dangerous and deadly motorcycle accidents in California.

What Is Lane Splitting Legal In California?

If you drive often in California and have ever seen a motorcyclist splitting a lane and getting close to your vehicle, there are several things to remember. California is one of the only states in the country where lane splitting is legal. Why is this? 

One reason is that lane sharing has been a common practice in California for decades as motorcycles have grown in popularity, and the California Highway Patrol (CHP) laid out guidelines for the practice in AB51, which was approved by the governor in 2016. 

Another reason is that lane splitting by motorcyclists has been shown to reduce traffic, which is a desirable outcome in California’s largest cities. The Highway Patrol notes that when motorcycles split lanes, it means there are fewer vehicles occupying lanes. The police state that lane splitting reduces the time Californians spend in traffic, and if the practice were banned, traffic would worsen substantially. 

However, just because this practice is legal doesn’t mean that motorcyclists can blast by you at high speed. The CHP’s guidelines state that motorcyclists should only split the lane when traffic flows at 40 MPH or less. Also, they should not travel more than 10 MPH over surrounding traffic. However, law enforcement has considerable discretion in how it enforces the law. It is up to the highway patrolman whether the motorcyclist is driving safely. 

Also, motorcyclists may not weave in and out of carpool lanes unless a designated opening is provided. California law enforcement states that you do not have more privileges on a motorcycle than a car driver to move into a carpool lane. Motorcyclists are only supposed to share a lane on either side and cross when a broken line shows an entry or exit point. So, if you lane split in California, it is important to abide by the rules so you are not cited by the police for a traffic violation or blamed for an accident. 

Lane-Splitting Safety

Lane-splitting is legal in California, and that means that all drivers have a duty to share the road with motorcycle riders who are trying to progress through traffic.

However, because it’s legal it does not give motorcycle riders a free pass to ride in whatever manner they choose. All motorcyclists have a duty to exercise reasonable caution when splitting lanes.

Motorcyclists should only lane split in stopped or significantly slowed traffic. Lane splitting should never be used when traffic is proceeding at or near the speed limit. In addition, riders should limit their speeds when splitting lanes. It is best to proceed at a speed of just a few miles per hour over the speed of traffic.

Motorcycle riders also need to make an effort to make themselves visible to drivers. Riders should never sneak up on a car; they should also stay alert for vehicles that may be attempting to change lanes. Motorcyclists who frequently engage in lane-splitting may want to consider taking steps to make their motorcycles louder.

Is Lane Splitting Dangerous?

There are arguments on both sides about lane splitting. Some say there are higher chances of accidents when there is lane splitting, but others say the practice is safer for motorcyclists. A Berkeley traffic study found that just 17% of motorcycle accidents involved lane splitting over two years. Many drivers assume that lane splitting is more dangerous than it is. 

So, it would appear that lane splitting may not lead to a substantial rise in accidents but the risk of a crash is higher when the lane splitter is moving at higher speeds. Furthermore, there is an increased risk of a lane-splitting crash if other drivers are unaware and do not look for motorcyclists before switching lanes. Other drivers may become alarmed when a loud motorcycle passes close to them. 

If you are in a motorcycle accident while legally lane splitting in California, you may or may not be entitled to damages in an injury lawsuit. Much depends on who was at fault for the accident, if the fault was shared, and the severity of the injuries. 

California Motorcycle Collision Lawsuits

Sadly, even the most safety-conscious motorcyclists cannot always avoid a run-in with a negligent driver. In those cases, injured motorcyclists have a right to pursue personal injury lawsuits against the drivers who harmed them.

Personal injury lawsuits are designed to make injured victims as whole as possible. As such, motorcycle collision victims can recover compensation for a number of different types of damages including past medical bills, disfigurement, pain and suffering, and future medical care.

After an accident, it is important to consult with an experienced attorney who knows how to quantify these damages and present them in a convincing way. This is especially true for seriously injured accident victims who will likely depend on their damage award to pay for years of accident-related medical care.

The survey revealed that approximately 87 percent of motorcycle riders in California engage in lane-splitting. However, only 53 percent of drivers know that lane-splitting is legal. Even more troubling is the fact that 7 percent of respondents admitted that they have actively taken steps to try to prevent a lane-splitting motorcyclist from passing. This kind of behavior is likely to lead to a serious collision.