Lane splitting is a routine part of motorcycle travel on California freeways. California Vehicle Code §21658.1 defines the practice as driving a motorcycle between rows of stopped or moving vehicles in the same lane and authorizes the California Highway Patrol (CHP) to issue safety guidelines.
After a lane-splitting collision, the driver’s insurer may argue the rider is at fault. That argument often draws on bias against motorcyclists and the assumption that lane splitting is inherently reckless. However, it is legal in California, and a rider is not at fault simply for engaging in it.
For more than 28 years, Salamati Law has represented injured riders and other accident victims throughout Southern California. Our motorcycle accident lawyers in Los Angeles examine vehicle damage patterns, available camera footage, and witness accounts to establish how a lane-splitting crash occurred and fight for compensation for your losses and damages. Schedule a free consultation to discuss your case.
What Is Lane Splitting? (And Why California Is Different)
Lane splitting is legal in California. Before 2017, the practice was neither expressly prohibited nor expressly authorized under state law. In 2016, California became the first state to formally recognize lane splitting in statute by enacting California Vehicle Code §21658.1, which took effect January 1, 2017.
The statute covers riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and it authorizes the California Highway Patrol (CHP) to develop educational safety guidelines for lane splitting.
A rider who splits lanes is therefore engaged in lawful conduct, and every driver on the road has a duty to confirm a lane is clear before moving into it.
Is There a Legal Speed Limit for Lane Splitting?
California Vehicle Code §21658.1 places no speed limit on how fast a rider may travel while lane splitting or how much faster the rider may travel than surrounding traffic. Earlier versions of Assembly Bill 51 would have written specific thresholds into law, including a 10 mph speed differential and a 30 mph traffic ceiling, drawn from informal guidance the CHP had previously published.
However, those thresholds were removed before the bill passed, and the CHP withdrew the guidelines that contained them. A rider who splits lanes remains subject to posted speed limits and California’s basic speed law under CVC §22350, the same rules that apply to every driver on the road.
What Are CHP Safety Guidelines for Speed, Traffic, and Road Conditions?
The CHP’s official safety guidance offers general safety tips for lane splitting, including:
- Consider the total environment, including lane width, vehicle size, road surface, weather, and lighting.
- Danger increases as the speed differential between the rider and surrounding traffic grows.
- Danger also increases as the overall traffic speed increases.
- It’s typically safer to split between the far-left lanes than elsewhere.
- Riders should avoid splitting next to large vehicles like big rigs or buses.
The CHP also reminds motorists that intentionally blocking or impeding a lane-splitting rider in a way that could injure a rider, or opening a car door to stop them, is illegal. Drivers in the far-left lane are encouraged to move toward the left side of their own lane, giving riders more room to pass safely on the right.
Because the CHP guidance is advisory, a rider who departs from it has not violated the law. Insurance adjusters and juries may still consider whether a rider’s choices aligned with that guidance when weighing fault after a crash.
Common Causes of a Lane-Splitting Motorcycle Accident
A negligent driver can cause a serious crash with a lane-splitting rider in several common scenarios, particularly in stop-and-go traffic where surrounding vehicles change position frequently:
- A driver making a sudden, unsignaled lane change without checking for a motorcycle
- A car door opening unexpectedly into a rider’s path
- Drivers failing to check blind spots before merging, especially near large vehicles
Do Road and Weather Conditions Matter?
Yes. Rain, uneven pavement, potholes, and debris between lanes reduce a motorcycle’s traction and leave a rider less room to respond when a driver moves unexpectedly. When a roadway defect contributes to a crash, the public entity responsible for maintaining the road may share liability under California Government Code §835 if the entity created the dangerous condition or had notice of it and failed to correct it in time.
What Is Comparative Negligence?
Under comparative negligence, an injured person’s recovery is reduced in proportion to their share of fault for an accident. For example, if a distracted driver strikes a lane-splitting motorcyclist and a judge or jury finds the rider 20 percent at fault, a $100,000 damages award would be reduced to $80,000, which the driver remains responsible for paying.
Can an Insurer Blame the Rider for a Lane-Splitting Crash?
An insurer may try. Because lane splitting is legal in California, the act of splitting lanes does not by itself establish that a rider was negligent. Under CACI 405, the driver bears the burden of proving that the rider’s own negligence contributed to the harm. CHP safety tips are advisory and do not set the legal standard for that analysis, and an insurer that treats a departure from them as proof of fault is seeking an unfair allocation of blame.
Injured While Lane Splitting in California? Here’s What to Do
If you’re hurt in a crash while lane splitting, a few steps can help protect your health and your case.
- Get medical care right away, even if injuries seem minor. Adrenaline can mask pain, and a doctor’s evaluation creates a medical record that can connect your injuries to the accident.
- Report the crash. If anyone was injured and police did not respond to the scene, California Vehicle Code §20008 requires the drivers involved to report the crash to the CHP or local police within 24 hours. Vehicle Code §16000 separately requires a report to the DMV within 10 days when a crash causes any injury or more than $1,000 in property damage.
- Document the scene. If it’s safe, photograph the vehicles, damage, skid marks, road conditions, and your injuries, or ask someone to do it for you.
- Collect contact and insurance information. Get the other driver’s contact, license plate, and insurance information, along with witness names and numbers, and the police report number.
- Preserve your helmet and gear. Damage to protective equipment can help show how and where the impact occurred.
- Avoid recorded statements. Don’t discuss fault with the other driver or give their insurer a recorded statement until you’ve spoken with an attorney.
How Salamati Law Firm Can Help: Schedule a Free Consultation
Salamati Law Firm represents injured motorcyclists throughout Los Angeles County. We take cases on a contingency basis, so there are no attorney fees unless there’s a recovery. If you’ve been hurt in a lane-splitting crash, reach out for a free consultation to review your case and your options. Se habla español.
