Is Lane Splitting Legal in Texas?
Our San Antonio motorcycle accident lawyers hold negligent drivers accountable for any personal injuries or wrongful deaths that they cause. Motorcycle accidents often cause catastrophic and serious injuries, including traumatic brain injuries, spinal cord damage, traumatic amputation, broken bones, and road rash. Many motorcycle accidents are fatal.
Call us today if you were involved in a lane splitting accident or any other type of motorcycle accident. We’re ready now to fight for the compensation you deserve.
What is lane splitting?
According to the Skilled Motorcyclist Association, lane splitting occurs when a motorcycle driver passes moving traffic or stopped traffic by riding between two lanes of travel (heading in the same direction).
Generally, it’s safer for motorcycle drivers to wait behind the vehicles in front of them or pass into an open lane of travel.
How does lane splitting differ from lane filtering?
Lane filtering generally occurs at lower speeds than lane splitting because the other vehicles are either stopped or moving very slowly.
How does lane splitting differ from lane sharing?
Lane sharing occurs when two or more motorcycles ride side-by-side in the same lane of travel with all motorcycles traveling in the same direction. Lane sharing can occur while traffic is moving or traffic is stationary.
Why do motorcycle drivers split lanes?
Advocates of lane splitting assert the following benefits:
- Lane splitting helps to reduce congestion.
- Lane splitting helps to reduce the risk of rear-end accidents.
- Motorcycle riders can reduce the time they need to complete their trip if they split lanes.
- Lane splitting is good for the environment (according to FortNine, a Canadian motorcycle resource) because it helps to reduce emissions and fuel consumption.
Why is lane splitting dangerous?
Opponents of lane splitting make the following arguments, according to the Skilled Motorcyclist Association and FortNine:
- If a car changes lanes or opens its doors, a motorcycle accident can occur.
- Motorcycles can have an accident if they ride over potholes, debris, or other hazardous road conditions.
- There are dangers for both the motorcycle driver and car driver, including:
o Blind spots
o Reduced visibility
o Less room for error; the inability to move into other lanes of travel.
Can motorcycle riders lane split in Texas?
Lane splitting laws in Texas
Many states prohibit or restrict lane splitting.
Prior to 2023, Texas law did not expressly address lane splitting, although Texas Code Section 545.060 generally required drivers to remain within a single lane. The statute provides that a driver on a road that has two or more lanes that are clearly marked as traffic lanes:
- Shall drive (as nearly as practical) “entirely” within a single lane.
- Shall not move from a lane unless the driver can safely move.
The statute also allows an official traffic-control device to direct slow-moving traffic to use a designated lane.
As of 2023, Texas Code Section 545.0605 outlaws lane splitting. The statute provides that motorcycle operators can enjoy the full use of a lane, and two motorcycles can ride two abreast in a lane.
Motorcycle riders cannot:
- Operate their motorcycle between lanes of traffic moving in the same direction
- Pass a motor vehicle in the same lane of travel
This law was added by Acts of the 88th Texas Legislature in 2023. The law became effective September 1, 2023. R.S., Ch. 756 (H.B. 4122).
Lane splitting laws in the United States
California permits lane splitting, while several other states permit more limited lane filtering under specific conditions.
What are the penalties when motorcycle riders split lanes in San Antonio?
Motorcycle riders may be subject to fines for violating Texas Code Section 545.060 or Texas Code Section 545.0605. Violations may result in a traffic citation and applicable penalties under Texas law, which may include monetary fines.
A violation of either of these laws does not automatically mean that the driver can’t file a motorcycle accident claim. Our San Antonio lane splitting attorneys may still be able to show that another driver was partially responsible.
What’s still legal in Texas
Motorcycle riders have the right to their own lane of travel. Also, two motorcycle riders can still generally ride abreast in the same lane.
How does lane splitting affect a motorcycle accident or a car accident claim in San Antonio?
At Pat Maloney: Accident & Injury Attorney, we work with you, the police, investigators, and traffic reconstruction experts and use the discovery process to determine what happened and who is responsible. Each case is different.
Generally, a motorcycle rider who splits lanes can be held responsible for any car, truck, or motorcycle accidents they cause. However, a driver of another vehicle may also be liable for a motorcycle accident if they failed to use proper safety precautions.
What if the motorcycle driver and another driver are both at fault for a motorcycle collision?
Texas is a comparative negligence state. This means that you can still recover damages on a personal injury claim, even if you were partially responsible for an accident, provided you are not more than 50% responsible for the accident.
If you meet this requirement, your damages will be reduced by your percentage of fault.
It’s no defense for a motorcycle rider who causes a motorcycle accident while lane splitting to say that other riders split lanes. Motorcycle riders must comply with Texas’s traffic laws and must always drive safely.
Contact our San Antonio lane splitting accident lawyer now
Pat Maloney: Accident & Injury Attorney has been fighting for motorcycle accident victims for more than 40 years. We demand compensation for your medical bills, lost income, pain and suffering, damage to your motorcycle, and all other financial and personal damages.
Please call us or use our online contact form to schedule a free consultation. We handle motorcycle accident claims on a contingency fee basis.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.