Lane Splitting and Motorcycle Accidents: Legal Considerations in California
April 22, 2025- Categories: Motorcycle Accidents
California is one of the most beautiful states in the country for riding a motorcycle, featuring plenty of long, flat roads that offer amazing views. Typically, the weather in California is also ideal for motorcycle rides, with minimal snow and rain year-round. But weather isn’t the only reason that so many motorcyclists choose to ride in California. California also has some of the friendliest motorcycle laws in the country. In fact, it is the only state that allows lane splitting. Here’s what you should know if you want to take advantage of lane splitting laws in California.
Lane Splitting Laws in California
Motorcycle accidents can be harrowing. Motorcycles have very few safety features, especially compared to passenger vehicles. If you get into a motorcycle accident, you may have a high chance of getting seriously injured or killed.
As a result, motorcycle enthusiasts often petition state governments to change the laws to improve motorcycle safety. One of the laws that motorcycle enthusiasts often push for is lane splitting. California is the first state to implement lane-splitting laws.
Lane splitting is considered by many motorcycle proponents to be a way to make riding a motorcycle safer.
According to California regulations, lane splitting occurs when you drive a motorcycle on the line between two lanes of traffic traveling in the same direction. Lane splitting can be done when the traffic is moving or when it is stopped. However, it is not legal to lane split between two lanes of traffic traveling in opposite directions. Also, it is not legal for another driver to intentionally operate their vehicle in a way that would prevent legal lane splitting.
Safety Guidelines for Lane Splitting
As part of the lane splitting law, the Department of Motor Vehicles is required to develop safety guidelines for lane splitting. These safety guidelines are maintained and published by the California Highway Patrol. Some of the most important of these safety tips for lane splitting are:
- Riders should consider the total environment before lane splitting.
- When a rider is moving at a high speed or there is a large speed differential between them and other drivers, the danger greatly increases.
- Riders should never lane split next to large vehicles like commercial trucks or buses.
- Riding on the shoulder is not lane splitting and is illegal.
- Riders should wear reflective gear and bright clothing while lane splitting to improve visibility.
- Lane splitting is safer between the far left lanes than it is between the right or middle lanes.
Except for the guideline that refers to driving on the shoulder, these rules are only safety guidelines, not enforceable regulations. Still, violating those guidelines could be considered negligent and result in your being responsible for an accident.
Were you seriously injured in a motorcycle accident in California? Neale & Fhima APC may be able to help you get compensation. Contact our law firm at 888-407-2955 today to consult with an experienced motorcycle accident lawyer.
Lane Splitting Accidents: Determining Fault
Determining fault can be complicated in a lane splitting accident. The driver of a vehicle that is staying in their lane has the right to use the entire lane as needed to drive safely. While the law encourages drivers to stay toward the middle of the lane, if they drift toward the edge, they are still following the law. Similarly, if they need to swerve to avoid danger, they are legally allowed to do that as long as they stay within the lane.
At the same time, the lane splitting law gives the motorcyclist the right to use the middle line and adjacent portions of the lane as required due to the width of the motorcycle. Essentially, this means that both drivers have the right to some of the same portions of a lane.
If one of the two drivers does something blatantly illegal, fault is easy to determine. For example, if the motorcyclist drives along the shoulder next to a car, they are in the wrong and would almost certainly be at fault in an accident. In a similar way, if a car driver opened their door to prevent lane splitting, they would be at fault. But when the situation isn’t so black and white, fault is usually determined based on whether drivers were being reckless or negligent in some way.
Legal Considerations for Motorcyclists
Keep in mind that just because you can lane split legally doesn’t mean it is safe to do so in all situations. For instance, while passing two sedans may be safe, passing two SUVs — which take up much more of their lanes — may not be.
Motorcyclists should also consider weather conditions and lighting. Lane splitting can be much more dangerous in poor weather or at night when a motorcycle is less visible. Any actions that suggest carelessness are likely to make a motorcyclist responsible for an accident.
Legal Considerations for Other Drivers
Drivers of cars, trucks, and other vehicles primarily need to remember that lane splitting is legal in California. This means that while they don’t need to take special care to make it easier, they shouldn’t interfere with it, either. Any attempt to prevent legal lane splitting can make the driver responsible for a resulting accident.
Insurance Considerations
Motorcycle accidents sadly often cause serious injuries like traumatic brain injuries, especially if a rider isn’t wearing a legally mandated helmet. While lane splitting is supposed to reduce injuries and thus, insurance costs as well, doing so improperly could potentially increase your insurance costs. If you want to keep your insurance costs as low as possible, try to maintain a clean driving record, which involves using lane splitting responsibly.
Consult With a Skilled Motorcycle Accident Lawyer in California
Motorcycle accidents can lead to mounting medical bills and significant lost work time. If you were legally lane splitting when another driver struck you, you shouldn’t be responsible for bearing those costs alone. At Neale & Fhima APC, we are committed to providing experienced, aggressive representation for victims of motorcycle accidents in California. We can fight to secure the compensation you need to move forward after a crash.
Don’t delay contacting a lawyer after a California motorcycle accident. Contact Neale & Fhima APC at 888-407-2955 as soon as possible to schedule a free consultation.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
