Shaaban & Biedgoly
One of the most contentious topics concerning motorcyclists in California is the practice of lane splitting and lane filtering. Both terms are frequently used interchangeably, but they refer to distinct practices with important legal differences. Understanding these differences is crucial for motorcyclists not only to stay within the boundaries of the law but also to protect their rights in the event of an accident.
This guide will explain the distinctions between lane splitting and lane filtering, the laws governing them in California, and how they impact motorcyclists involved in personal injury cases.
1. Defining Lane Splitting and Lane Filtering
Lane Splitting
Lane splitting refers to the act of a motorcyclist riding between lanes of slow-moving or stopped vehicles, usually in congested traffic. The motorcyclist “splits” the lane by riding along the dotted white lines that separate two lanes of vehicles. This is typically done when the flow of traffic is either stopped or moving slowly, and it allows motorcyclists to move through traffic more efficiently.
Lane Filtering
Lane filtering is similar to lane splitting but occurs in slightly different circumstances. In lane filtering, motorcyclists move between stationary or very slow-moving vehicles, such as at traffic lights or stop signs, usually in urban environments. Unlike lane splitting, lane filtering is typically done at much lower speeds, as the vehicles being passed are completely stopped or barely moving.
2. The Legal Landscape of Lane Splitting in California
California is the only state in the United States where lane splitting is explicitly legal. This gives motorcyclists in the state a unique advantage, but it also comes with a responsibility to ensure that the practice is done safely and within legal limits.
History of Lane Splitting Legislation
For many years, lane splitting operated in a legal gray area in California. The California Vehicle Code did not explicitly permit lane splitting, but it also did not forbid it. This led to uncertainty for motorcyclists, law enforcement, and motorists alike.
In 2016, the situation changed with the passage of Assembly Bill 51 (AB 51), which added section 21658.1 to the California Vehicle Code. This section officially legalized lane splitting under certain conditions, making California the first and only state to codify lane splitting into law.
California Vehicle Code Section 21658.1
California Vehicle Code Section 21658.1, which became law on January 1, 2017, defines lane splitting as:
“A motorcycle, that has two wheels in contact with the ground, may be driven between rows of stopped or moving vehicles in the same lane, including both divided and undivided streets, roads, or highways, if done so safely.”
This language is deliberately broad, leaving much of the interpretation of what constitutes “safe” lane splitting to the discretion of law enforcement officers. As a result, while lane splitting is legal, motorcyclists must exercise extreme caution when engaging in the practice.
3. Guidelines for Safe Lane Splitting
Although AB 51 did not impose specific speed limits or conditions for lane splitting, the California Highway Patrol (CHP) has published guidelines to help motorcyclists and other road users understand how to split lanes safely. While these guidelines are not law, they provide valuable insight into what might be considered reckless or unsafe lane splitting.
Key CHP Guidelines:
- Speed Differential: It is recommended that motorcyclists do not exceed the speed of surrounding traffic by more than 10 mph when lane splitting. The greater the speed differential, the higher the risk of an accident.
- Total Speed: Motorcyclists are advised not to lane split at speeds greater than 30 mph. At higher speeds, the risk of a collision increases dramatically due to reduced reaction times.
- Lane Width: Lane splitting should be done when lanes are wide enough to accommodate both the motorcycle and surrounding vehicles safely. Narrow lanes pose a significant danger.
- Road Conditions: Motorcyclists should avoid lane splitting during poor road conditions, such as wet or slippery roads, or when visibility is reduced (e.g., during fog or heavy rain).
- Surrounding Traffic: Lane splitting should be avoided near large vehicles such as buses and trucks, as these vehicles have large blind spots and can obstruct a motorcyclist’s view of the road ahead.
Is Lane Splitting Safe?
The safety of lane splitting is a subject of debate. Several studies, including one conducted by the University of California, Berkeley in 2015, have found that lane splitting, when done at low speeds, is relatively safe and may actually reduce the risk of certain types of collisions. Specifically, the study found that lane-splitting motorcyclists were less likely to be rear-ended in heavy traffic compared to those who remained in a lane with cars.
However, safety depends largely on how lane splitting is executed. Motorcyclists who split lanes at high speeds or weave erratically between cars are at much greater risk of being involved in a serious accident.
4. Lane Filtering: What About It?
While lane splitting is explicitly addressed in California law, lane filtering does not enjoy the same level of legal clarity. Lane filtering generally refers to motorcyclists maneuvering between stationary vehicles at intersections or stoplights, typically at very low speeds. Although the term is widely used and the practice is common, there is no specific law in California that authorizes or prohibits lane filtering.
Given the absence of explicit regulation, many motorcyclists engage in lane filtering under the assumption that, because it is similar to lane splitting, it is implicitly permitted. However, this assumption can create legal complications, particularly if an accident occurs while the motorcyclist is filtering between lanes at an intersection.
Legal Gray Area
Because California law does not directly address lane filtering, motorcyclists should exercise caution when engaging in this practice. In the event of an accident, motorcyclists may find themselves in a difficult legal position, as the absence of clear legal guidelines could lead to disputes over fault.
5. The Role of Law Enforcement and Discretion
One of the challenges with both lane splitting and lane filtering is that much of the enforcement is left to the discretion of individual law enforcement officers. Motorcyclists may find that one officer is lenient while another may issue a citation for reckless driving, even if the motorcyclist was lane splitting legally but unsafely.
California’s lane-splitting law emphasizes that lane splitting should be done “safely.” This means that motorcyclists must be able to prove that their actions were reasonable and did not pose an undue risk to themselves or others. If a police officer determines that a motorcyclist was lane splitting recklessly, the motorcyclist could be cited for violating other traffic laws, such as reckless driving or unsafe lane changes.
6. Lane Splitting and Personal Injury Law
For motorcyclists injured in an accident while lane splitting or lane filtering, the legal ramifications can be complex. Personal injury cases involving lane splitting often hinge on the concept of comparative fault and whether the motorcyclist’s actions were considered reasonable and safe.
Comparative Fault
California follows the rule of pure comparative fault, which means that fault for an accident can be divided among multiple parties based on their level of responsibility. If a motorcyclist was injured in an accident while lane splitting, the court may evaluate whether the motorcyclist was lane splitting in a safe and reasonable manner.
If the motorcyclist was found to be acting negligently, they could still recover compensation for their injuries, but their damages might be reduced by the percentage of fault assigned to them. For example, if the motorcyclist is found to be 20% at fault for the accident, they would receive 80% of the total damages awarded.
Proving Negligence
In personal injury cases involving lane splitting or lane filtering, the injured motorcyclist (or their attorney) must prove that the other driver acted negligently. This often involves gathering evidence such as:
- Dashcam footage or traffic camera footage of the incident.
- Eyewitness testimony from other drivers or pedestrians who saw the accident.
- Expert testimony on the safe practices of lane splitting or the road conditions at the time of the accident.
Insurance Considerations
Insurance companies may attempt to use lane splitting or lane filtering as a reason to deny a motorcyclist’s claim, particularly if they argue that the motorcyclist was acting recklessly. In such cases, having an experienced attorney who understands the nuances of lane splitting laws and the specifics of the accident is essential to ensuring that the motorcyclist’s rights are protected.
7. How a Personal Injury Attorney Can Help
For motorcyclists involved in an accident while lane splitting or lane filtering, having legal representation from a personal injury law firm that specializes in motorcycle accidents is crucial. A knowledgeable attorney can:
- Investigate the Accident: The attorney will gather evidence, consult experts, and reconstruct the accident to determine who was at fault.
- Negotiate with Insurance Companies: Insurance adjusters often attempt to shift blame onto motorcyclists, but an attorney can advocate for the motorcyclist’s rights and ensure they receive fair compensation.
- Litigate if Necessary: If a fair settlement cannot be reached, an experienced personal injury attorney will be prepared to take the case to court.
Conclusion
Lane splitting and lane filtering are practices that can benefit motorcyclists by reducing travel time and avoiding dangerous situations like rear-end collisions in heavy traffic. However, understanding the differences between these practices and the laws that govern them is essential to staying safe and legally protected on the road.
Motorcyclists should always prioritize safety when lane splitting and avoid lane filtering in situations where it could lead to legal.
Contact Shaaban & Biedgoly today for your FREE consultation and advice on the legality of lane splitting and lane filtering.