I Hit a Motorcycle While It Was Lane Splitting. Who Is at Fault?

Many motorcyclists advocate for a practice called lane splitting, in which motorcyclists pass vehicles in between two lanes of traffic. In California, this is legal. In other states, however, lane splitting is either expressly prohibited or unaddressed. Here in Texas, the laws currently don’t address the matter, leaving many lane splitting cases in a gray area.

A couple of proposed bills in the state legislature in 2015 ( HB 813 and SB 442 ) addressed the possibility of legalizing the practice for slow-moving traffic situations, but they weren’t addressed before the session closed. As of today, some motorcyclists choose to lane split despite the lack of legislation. Motorists aren’t always prepared to watch for motorcycles that stray from their lanes, and accidents with motorcycles present some interesting liability questions.

Under current Texas laws, an officer can pull over a motorcyclist for lane splitting and hand out a citation for reckless driving or a similar infraction. All current vehicle laws apply to motorcyclists. They’re responsible for passing in appropriate locations and driving within one lane (except in limited circumstances, including when avoiding hazards or following construction signs). If a motorcyclist chooses to lane split and has an accident, he or she will share at least part of the fault.

Texas follows a modified comparative fault rule, meaning individuals can obtain accident damages if their responsibility for an accident is less than or equal to 50%. Every accident case requires a case-by-case analysis. While you may automatically assume the motorcyclist was in the wrong, a motorist may bear more responsibility depending on the circumstances. For instance, if you (the motorist) were driving under the influence when the accident took place, the courts may rule that you were more at fault than the lane-splitting motorcyclist was.

Since lane splitting is such a gray area in Texas, both parties may require strong legal representation to prove liability. Accident circumstances, location, and injuries may all affect the outcome of each case, and anyone who drives recklessly or breaks a known traffic law may face legal accountability.

From a research perspective, a report from the University of California, Berkeley, on motorcycle lane splitting from 2015 discovered that the practice isn’t as dangerous as many people believe. At low speeds and in highly congested areas, lane splitting doesn’t affect the rate of collisions. Motorcyclists only increase the risk of accidents if they travel at high speeds and motorists try to change lanes without seeing the motorcycle.

Many motorcyclists in Texas use this information and other safe riding analyses to advocate for lane-splitting legalization. Studies such as the one from Berkeley can affect a court’s opinion regarding fault. For instance, an experienced and safe motorcyclist may not bear as much accountability as the driver who causes the accident.

For now, we can only advise all motorists and motorcyclists to use caution on the roads. Motorcyclists may want to avoid lane splitting in Texas until the legislature makes a decision about the legality of the practice. If you choose to lane split in certain areas, do so only at low speeds—and watch out for motorists’ blind spots.

Motorists in congested areas should always look for lane-splitting motorcyclists and change lanes slowly in high-traffic thoroughfares. You may not agree with the practice of lane splitting, but avoid trying to cut off or startle a lane-splitting motorcyclist. Doing so may increase your liability in the event of an accident.

Lane-splitting practices and current transportation laws can be incredibly confusing, and they may soon change. If you suffer an injury in an accident that involves lane splitting, reach out to a Houston personal injury attorney for a consultation. Whether you hit a lane-splitting motorcyclist or the motorcycle hit you, a qualified attorney can help you determine the most appropriate legal recourse.

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