Is Lane Splitting Legal in Texas?

Lane splitting is a controversial topic among motorists and lawmakers. Most states ban lane splitting for allegedly posing safety risks to those on the road. Advocates who support lane splitting, however, say it is a safer alternative for motorcyclists that can cut down on traffic congestion. Lane splitting in a state that does not allow it could lead to a traffic ticket, fines and other repercussions. If a motorcyclist causes an accident while illegally lane splitting, he or she could also face civil liability for damages.

What Is Lane Splitting?

Lane splitting refers to a motorcyclist driving between two lanes of traffic. When a motorcyclist rides on the dashed line between lanes instead of keeping to one, he or she is lane splitting. Lane splitting can occur on any road or freeway that has two or more lanes of traffic traveling in the same direction. It is most common when traffic is slow or stopped and a motorcyclist wishes to bypass slower-moving vehicles by riding between the rows.

The safety of lane splitting is a hotly debated topic. In 2015, the University of California Berkeley performed a study that ultimately led to the State of California removing language from its statutes that barred lane splitting. It was the first state to do so. The study analyzed nearly 6,000 accidents, about 1,000 of which involved lane splitting, and concluded that lane splitting was relatively safe when done prudently.

The study found the difference in speed between the lane-splitting motorcyclist and surrounding traffic was the largest predictor of injury. It suggested lane splitting at speeds of only 15 miles per hour or less, and only when surrounding traffic is moving at 50 miles per hour or less. Those who do not advocate lane splitting claim it can increase the risk of drivers hitting motorcyclists when changing lanes. It may also startle surrounding drivers into causing collisions.

Texas’s Lane-Splitting Laws

It is currently against the law for a motorcyclist to lane split in Texas. Section 545.060 of the Texas Transportation Code states that on a roadway with two or more lanes for traffic, a driver must drive entirely within a single lane as much as possible. A driver can only move from one lane when it is safe to do so. This rule applies to motor vehicle drivers as well as motorcyclists. Breaking this law by lane splitting on a motorcycle is a traffic offense. The penalty is a ticket for illegal passing or unsafe lane change, typically punishable with a fine of $175.

Lawmakers in Texas have tried multiple times to pass bills that would allow lane splitting. The most recent is State Bill 273, introduced by Texas State Senator Kirk Watson in 2018. If passed into law, this bill would add a subsection to Statute 545.060 that gives an exception for motorcyclists. It would state that a motorcyclist may ride between lanes of traffic moving in the same direction during times of traffic congestion. The motorcyclist would have to move at a speed no greater than five miles per hour greater the rest of traffic, however, and only in traffic moving 20 miles per hour or less.

Unless lawmakers pass SB-273, lane splitting will remain illegal in Texas. In the meantime, all motorcyclists who try to lane split in the state could face traffic tickets and fines. If a motorcyclist lane splits unlawfully and causes an accident in Texas, his or her insurance company may have to pay damages.

Liability for a motorcycle accident in Texas will go to the party most responsible for causing the collision. Under the state’s comparative negligence law, a motorcyclist could be partially liable for a crash and still receive partial compensation. However, the courts will reduce the award by the same percentage as the motorcyclist’s fault. Obeying Texas’s roadway rules and not lane splitting while it remains illegal can protect a motorcyclist from legal trouble.