Introduction:
Navigating Los Angeles traffic on a motorcycle often means riding between rows of cars to keep moving. This practice, known as lane splitting, is legal in California and a common sight on LA freeways. However, it remains a topic of debate regarding safety and liability.
Riders and drivers alike wonder: does lane splitting reduce crash risk or increase it? Below, we explore data-backed insights into lane splitting accidents, examine the legal perspectives in California, and outline how injured motorcyclists can protect their rights. (If you’ve been hurt in a motorcycle accident, call (877) 659-9223 for a free consultation.)
Lane Splitting in California: Legal Status and Guidelines
California is currently the only state in the U.S. that explicitly permits lane splitting
In fact, the practice was officially recognized as legal in 2016 with the adoption of California Vehicle Code §21658.1.
This law doesn’t spell out hard speed limits for splitting, but it emphasizes that riders must do so in a “safe and prudent manner”.
What does “safe and prudent” mean? The California Highway Patrol (CHP) has issued helpful guidelines. They recommend only splitting when traffic is moving at 40 mph or slower, and advise motorcyclists not to exceed the flow of traffic by more than 10 mph.
In other words, darting through fast-moving traffic or weaving recklessly is not protected by the law.
Importantly, other drivers cannot legally block or impede a motorcyclist who is lane splitting (for example, by crowding the lane or opening a door).
For riders in Los Angeles, these rules are crucial. LA’s congested highways may tempt riders to slip through jams, but following the CHP’s advice is vital for safety. Lane splitting provides mobility benefits – it can even help reduce overall traffic congestion and prevent certain accidents. Studies show that when done responsibly, lane splitting can lower the risk of rear-end collisions, since motorcyclists aren’t stuck as sitting targets in stop-and-go traffic.
Still, the responsibility lies with the rider to gauge when it’s safe and with drivers to stay alert. Both parties must exercise caution to share the road safely.
Safety Data: Benefits and Risks of Lane Splitting
Is lane splitting more dangerous, or could it actually make riding safer? Research offers some eye-opening insights. A study by UC Berkeley’s Safe Transportation Research and Education Center found that lane-splitting motorcyclists were significantly less likely to suffer head injuries (9% vs. 17%), torso injuries (19% vs. 29%), and fatal injuries (1.2% vs. 3%) compared to riders who did not split lanes
These findings suggest that, at least under moderate speeds, lane splitting can reduce the severity of injuries in a crash. The logic is that riders who filter forward are less likely to be rear-ended and are generally traveling at lower relative speeds when a collision occurs – factors that can mitigate impact.
However, lane splitting is not without risks. The same conditions that make Los Angeles traffic ripe for lane splitting – heavy congestion and impatient drivers – also create danger. Drivers might not expect a motorcycle to overtake them in halted traffic and could make sudden lane changes without checking mirrors. If a motorcyclist is weaving through at high speed or a driver is distracted, the results can be devastating. Notably, safety experts warn riders to avoid lane splitting in very heavy or fast-moving traffic; the practice is safest in slow or stopped traffic only.
Riding between lanes at regular freeway speeds or above can quickly turn a minor close call into a major accident.
Statistics underscore the broader risks that motorcyclists face on our roads. Even though motorcycles make up only about 3% of registered vehicles in the U.S., they account for a disproportionate number of traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), approximately 236 motorcycle crashes resulting in injuries occur every day across the country. In fact, on average a rider has roughly a 1 in 100 chance of being involved in a motorcycle accident over time.
With odds like that, riders must use every safety tool available – including smart lane splitting techniques – to stack the deck in their favor.
It’s also worth noting the challenges of riding in a big city like Los Angeles. Urban areas have dense traffic, complex road systems, and plenty of distractions. Busy city streets and freeway commutes mean riders contend with cars on all sides. Studies have found that in urban environments, increased congestion and distracted drivers lead to higher accident risks for motorcyclists.
Los Angeles drivers may be preoccupied with navigation, phone calls, or just the stress of traffic, and they might overlook a motorcyclist weaving between lanes. This means Los Angeles lane splitting accidents often boil down to visibility and attention: the rider’s ability to be seen and the driver’s duty to look. High-visibility gear, proper headlights, and defensive riding can help a motorcyclist stand out in the sea of vehicles (and are strongly recommended). But when a crash does happen, what does the law say about who is at fault?
Liability in Lane Splitting Accidents: California Legal Perspectives
One of the biggest questions after a lane splitting accident is: who is liable? Because lane splitting is legal in California, a motorcyclist isn’t automatically at fault for a collision while splitting lanes. However, determining fault in these accidents can be complicated. California follows a comparative negligence rule, meaning more than one party can share blame for a crash
In practice, this means an insurance adjuster (or a jury, if a lawsuit is filed) will look at the circumstances and assign a percentage of fault to the motorcyclist, the car driver, or others involved, based on their actions.
Several factors come into play in a lane splitting accident investigation. These include: how fast the motorcyclist was going, whether the driver signaled or checked their blind spot before merging lanes, and even whether road conditions (like narrow lanes or poor visibility) contributed to the wreck
For instance, if a rider was zipping between cars at 50 mph and a driver changed lanes without signaling, both could share some fault – the rider for unsafe speed and the driver for failing to signal and check mirrors. On the other hand, if a rider was cautiously filtering at 10 mph and a texting driver drifted and sideswiped them, the driver would likely bear the lion’s share of responsibility.
Despite California’s rider-friendly laws, insurance companies often initially blame the motorcyclist in a lane splitting accident
It’s an unfortunate reality that bias against motorcyclists can play a role. Insurers might argue the rider was “reckless” simply because they were lane splitting, even if it was done prudently. This is where having an experienced attorney is essential. Do not assume you’re automatically at fault just because you were lane splitting – liability depends on multiple factors and the specific evidence
An attorney can investigate the crash, gather witness statements or traffic camera footage, and counter unfair blame by highlighting the other driver’s negligence (such as unsafe lane changes or distraction).
At State Law Firm, we understand the risks motorcyclists face and the biases they may encounter
Our team has extensive experience handling motorcycle accident cases in Los Angeles and throughout California. We know how to demonstrate when a driver’s negligence – not the rider’s lane splitting – caused the accident. In many cases, bringing in accident reconstruction experts or referencing the CHP’s guidelines can help prove the motorcyclist was riding responsibly. Our goal is to ensure that injured riders are not unfairly saddled with blame for an accident they didn’t cause, so they can pursue the full compensation they deserve for their injuries.
What to Do After a Lane Splitting Accident
If you’re involved in a lane splitting accident in Los Angeles, it’s important to take the right steps both for your health and to protect any legal claim you may file. Here are some critical actions to remember:
- Prioritize Safety and Health: Move out of traffic if you can do so safely, and call 911 if anyone is injured. Even if you feel okay, get a medical evaluation as soon as possible – some injuries (like concussions or internal injuries) may not be immediately obvious. Documentation of your injuries right after the crash is key.
- Call the Police: In California, having an official accident report is very useful for insurance and legal purposes. Explain to the responding officers exactly what happened in detail. If you were lane splitting safely and the driver suddenly swerved, make sure that’s noted in the report.
- Gather Evidence on the Scene: If you’re able, take photos of the scene, including the positions of the vehicles, damage to your motorcycle and the car, skid marks, and any road conditions that might have played a role. Also, get the contact information of any witnesses. Independent witness statements can be invaluable in a lane splitting case to corroborate your account of the accident.
- Notify Your Insurance and Be Cautious: Report the accident to your insurance company, but be careful about giving a detailed statement to the at-fault driver’s insurer before getting legal advice. Remember, insurance adjusters may try to use your words against you later. It’s often wise to consult an attorney first.
- Consult a Motorcycle Accident Attorney: Given the complexities of lane splitting law and potential biases, contacting a lawyer early can protect your rights. An experienced motorcycle accident attorney can help gather evidence, handle communications with insurers, and advise you on the best course of action. State Law Firm’s legal team is available 24/7 at (877) 659-9223 to assist accident victims in Los Angeles and can begin investigating immediately to strengthen your claim.
Proven Representation for Injured Motorcyclists in LA
When you’re recovering from a motorcycle accident, especially one involving contentious issues like lane splitting, you shouldn’t have to fight an uphill battle for compensation. This is where a skilled legal advocate makes all the difference. State Law Firm has a proven track record of securing substantial compensation for accident victims.
In one recent case, for example, our firm won over $222,000 for a client injured in a freeway accident – a testament to our commitment to getting results. We bring the same dedication to every motorcycle accident case, big or small.
Our Los Angeles motorcycle accident lawyers know how to build a compelling case that accounts for all your losses. This includes obvious costs like medical bills and bike repairs, as well as less tangible damages like pain and suffering or the impact on your ability to work and enjoy life. We often work with accident reconstruction experts, medical professionals, and investigators to assemble evidence that clearly establishes liability and demonstrates the full extent of your damages. And because we operate on a contingency fee basis, you pay nothing upfront – we only get paid when you get paid.
Most importantly, we offer compassionate guidance during what is undoubtedly a difficult time. We understand that a crash can turn your life upside down in seconds. That’s why we make it our mission to shoulder the legal burdens so you can focus on healing. As our team often reminds clients: time is of the essence in accident cases.
Evidence can fade and legal deadlines do apply, so it’s wise not to delay.
Get a Free Consultation and Protect Your Rights (Call Today)
Lane splitting accidents in Los Angeles present unique challenges, but you don’t have to face them alone. At State Law Firm, we treat every client like our most important client – because you are. Our experienced attorneys will listen to your story, explain your legal options, and aggressively pursue the maximum compensation available under the law. From investigating the scene on Sunset Boulevard to negotiating with tough insurance adjusters, we have your back every step of the way.
If you or a loved one has been injured in a lane splitting accident, contact State Law Firm today for a free, no-obligation consultation. We’re available at (877) 659-9223 to discuss your case 24/7. You can also reach out through our online form to get started. Let us put our experience and proven results to work for you.
Don’t let the aftermath of a motorcycle crash overwhelm you. Know your rights, get the legal support you need, and focus on healing – we’ll handle the rest. With the right help, you can hold negligent drivers accountable and secure the resources you need to rebuild your life after a lane splitting accident in Los Angeles.
