Is Motorcycle Lane Splitting Legal in California?
In California, lane splitting is legal. Motorcycles legally have the right-of-way to drive between cars in California. Lane splitting is a right-of-way granted to motorcyclists due to their size and maneuverability while riding in slower traffic.
California Lane Splitting Law
The specific law that makes lane splitting legal in California is California Vehicle Code Section 21658.1, which was added by Assembly Bill 51 (Stats. 2016, Ch. 141, Sec. 1) and took effect January 1, 2017
(a) For the purposes of this section, “lane splitting” means driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways.
(b) The Department of the California Highway Patrol may develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles.
California Highway Patrol Lane Splitting Guidelines
However, it doesn’t mean they can do so in a way that increases the chances of a crash. While California remains the only state to explicitly permit the practice, the law does not give riders unlimited freedom. The California Vehicle Code does not define a specific speed limit for lane splitting, but the California Highway Patrol (CHP) has issued official safety guidelines. These guidelines recommend that motorcyclists travel no more than 10 mph faster than the surrounding traffic and avoid lane splitting altogether when traffic speeds exceed 30 mph. Riding at a safe speed differential gives both the motorcyclist and nearby drivers more time to react. It’s also critical for riders to consider lane width, road conditions, weather, and visibility before deciding to split lanes. Even though the maneuver is legal, a motorcyclist who splits lanes recklessly or at an unsafe speed can still be found partially at fault for an accident.
Motorcyclists should be aware of the need to surrender the right-of-way in some situations.
In addition to being aware of the need to surrender the right-of-way in some situations, the California Department of Motor Vehicles (DMV) says motorcyclists can help themselves in all types of traffic situations by practicing the following:
- Make sure to be seen by other motorists
- Communicate driving intentions clearly
- Leave plenty of room between vehicles
- Be prepared to act quickly
Fewer accidents happen and more drivers arrive at their destinations safely when everyone on the road pays attention to what they are doing, appreciates the risks involved in driving, and exercises a little common courtesy. When a motorcycle is hit by a car, the injuries could be severe or fatal. If you or a loved one are involved in a motorcycle accident, contact our California motorcycle accident lawyer at Curtis Legal Group for a free consultation.