Riding a motorcycle has gained tremendous popularity among San Francisco commuters. Not only do motorcycles save money on fuel, but they also offer a nimble solution for navigating through California’s infamous traffic jams via a practice known as lane splitting.
However, this time-saving technique often frustrates and sometimes angers other road users. This is especially true for “lane splitting,” where motorcyclists advance down the road between lanes of slow or stalled traffic. Regrettably, these misunderstandings frequently lead to dangerous and, in some cases, fatal motorcycle accidents in California.
Is Lane Splitting Legal in California?
If you’re a frequent driver in California, you may have witnessed a motorcyclist splitting lanes and approaching your vehicle. It’s important to remember that California is one of the few states where lane splitting is legal. But why is this the case?
One reason is that lane sharing has been a common practice in California for decades as motorcycles have gained popularity. The California Highway Patrol (CHP) established guidelines for this practice in AB51, which received approval from the governor in 2016.
Another reason is that lane splitting by motorcyclists has proven to reduce traffic congestion, a highly desirable outcome in California’s major cities. The Highway Patrol notes that when motorcycles split lanes, there are fewer vehicles occupying regular lanes, reducing the time Californians spend in traffic. If lane splitting were prohibited, traffic congestion would significantly worsen.
However, it’s crucial to note that the legality of lane splitting doesn’t mean motorcyclists can zoom past at high speeds without any restrictions. The CHP’s guidelines specify that motorcyclists should only split lanes when traffic flows at 40 MPH or less. They should not exceed the surrounding traffic speed by more than 10 MPH. Nevertheless, law enforcement has significant discretion in enforcing these rules, with highway patrol officers determining if the motorcyclist is riding safely.
Furthermore, motorcyclists should refrain from weaving in and out of carpool lanes unless there is a designated opening. According to California law enforcement, motorcyclists do not have additional privileges compared to car drivers for accessing carpool lanes. They are only permitted to share a lane on either side and cross when a broken line indicates an entry or exit point. Adhering to these rules is crucial to avoid police citations for traffic violations or being held responsible for accidents.
Lane-Splitting Safety
While lane splitting is legal in California, all drivers, including motorcyclists, have a duty to share the road responsibly.
However, legality doesn’t equate to a free pass for motorcyclists to ride recklessly. Motorcyclists must exercise reasonable caution when lane splitting. This practice should only be employed in stopped or significantly slowed traffic and never when traffic is moving at or near the speed limit. Riders should limit their speed to just a few miles per hour over the speed of traffic for safety.
Motorcycle riders should also take measures to make themselves visible to other drivers. Sneaking up on a car is ill-advised; instead, riders should remain vigilant for vehicles attempting to change lanes. Those who frequently engage in lane splitting might consider making their motorcycles louder to increase their visibility.
Is Lane Splitting Dangerous?
Debates surrounding the safety of lane splitting persist. Some argue that it raises the risk of accidents, while others contend that it’s a safer option for motorcyclists. A traffic study in Berkeley found that only 17% of motorcycle accidents over two years involved lane splitting. Many drivers perceive lane splitting as more dangerous than it actually is.
While lane splitting may not substantially increase accident rates, the risk of a crash is higher when motorcyclists are moving at higher speeds. Additionally, the risk of a lane-splitting crash increases when other drivers are unaware and fail to check for motorcyclists before changing lanes. The sound of a loud motorcycle passing by can also startle other drivers.
If you’re involved in a motorcycle accident while legally lane splitting in California, whether you’re entitled to damages in an injury lawsuit depends on various factors. It hinges on fault determination, shared responsibility, and the severity of injuries.
California Motorcycle Collision Lawsuits
Even the most safety-conscious motorcyclists cannot always avoid encounters with negligent drivers. In such cases, injured motorcyclists have the right to pursue personal injury lawsuits against the drivers responsible for their injuries.
Personal injury lawsuits aim to compensate injured victims for various types of damages, including past medical expenses, disfigurement, pain and suffering, and future medical care. After an accident, it’s crucial to consult with an experienced attorney who can quantify these damages and present a compelling case, particularly for seriously injured accident victims who will likely rely on their compensation for years of accident-related medical care.
Contact Our San Francisco Motorcycle Accident Lawyers
The California Office of Traffic Safety recently conducted a survey of drivers and motorcycle riders regarding their views on lane splitting, the first such survey in California.
The results revealed that approximately 87% of motorcycle riders in California engage in lane splitting, yet only 53% of drivers are aware that it’s legal. More concerning is the fact that 7% of respondents admitted to actively trying to prevent a lane-splitting motorcyclist from passing, a behavior that could lead to serious collisions.
If you’ve been injured in a motorcycle collision, consulting with an experienced San Francisco personal injury attorney can make a significant difference in protecting your future.
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