Lane splitting, also known as lane sharing or white-lining, occurs when a motorcyclist rides between two lanes of stopped or slow-moving traffic. California is the only state where lane splitting is explicitly legal. However, that does not mean it is without risk. Motorcycle accidents involving lane splitting can lead to serious injuries, and determining fault can be complex.
California formally legalized lane splitting in 2016 through AB 51, which added Section 21658.1 to the California Vehicle Code. The law authorizes the California Highway Patrol (CHP) to develop educational guidelines for safe lane splitting.
While the law permits the practice, it does not define exactly when or how it should occur. Instead, the CHP provides general safety tips for riders:
These are guidelines, not strict rules. However, failure to follow them could influence liability in an accident.
Motorcycle crashes involving lane splitting often occur in heavy traffic, where drivers may not expect a rider to pass between lanes. Common scenarios include:
Even though lane splitting is legal, riders must do so safely. Insurance companies often try to assign blame to the motorcyclist, especially if they were traveling at high speed or maneuvering aggressively.
California uses a pure comparative negligence system. This means more than one party can share fault in an accident. A motorcyclist who was legally lane splitting may still bear partial responsibility if their actions contributed to the crash. For example:
Ultimately, fault depends on the specific facts of the case, including speed, visibility, traffic flow, and driver behavior.
An experienced motorcycle accident lawyer can investigate the details of a lane splitting crash and fight to protect your rights. Insurance companies often try to shift blame onto motorcyclists for causing or worsening the collision. A lawyer gathers evidence, including traffic camera footage, witness statements, and expert analysis, to prove liability and damages. Legal counsel also handles all communication with insurers and works to secure full compensation for your current and future losses, including medical bills, lost wages, pain and suffering, and more. If necessary, an attorney will file a personal injury lawsuit and take the case to court to secure maximum compensation.
If you were injured while lane splitting, do not let insurance companies place all the blame on you. Contact Hanson & Mouri today for a free consultation. Let our experienced Riverside Motorcycle Accident Attorney help you pursue the compensation you deserve.