Lane splitting occurs when a motorcyclist drives between lanes on a roadway with stopped or moving traffic in the same direction. While it can be done safely, there are also instances where lane splitting can lead to motorcycle accidents. Lane splitting was a legal gray area in Texas for a long time, as there were no laws addressing the issue explicitly.
In 2016, the Texas State Senate introduced a bill that would legalize lane splitting under certain conditions, but it did not pass into law. A similar bill, SB 273, was introduced again in 2018, but it eventually died. Finally, in September 2023, Texas formally outlawed lane splitting by passing a new motorcycle law, HB-4122.
What is Lane Splitting?
Lane splitting happens when a motorcyclist rides between two lanes of traffic moving in the same direction, whether the vehicles are stopped or in motion. Some riders see this as a way to save time and avoid traffic, but doing so can increase the risk of motorcycle accidents if drivers don’t expect a bike to pass between them.
If you were involved in a crash while lane splitting, or if another driver’s actions caused you harm, speaking with a Dallas motorcycle accident lawyer at Shamieh Law can help you understand your rights and options under current Texas Law.
Lane Splitting vs. Lane Filtering
Lane splitting is the practice of a motorcyclist riding between rows of traffic that have stopped or are moving in the same direction. Many places that allow lane splitting in one form or another have a maximum speed at which the rider can move to promote safety while reducing congestion at the same time.
Just like lane splitting, lane filtering occurs when a biker moves between through lanes but only when traffic is stopped. This often happens at intersections when cars have stopped at a traffic light. Motorcycles “filter” to the front so they can move faster when the light changes and prevent themselves from being hit when stopped at a red light. Under the new law HB-4122, lane filtering is also illegal in Texas.
Is Lane Splitting Legal in Texas?
Lane splitting is illegal in Texas. While it was once a legal gray area, the state officially prohibited the practice in 2023 to address safety concerns and provide clear rules for both riders and drivers.
Texas’s Law on Lane Splitting
Under HB-4122, motorcycle operators are prohibited from riding between lanes of traffic moving in the same direction. The law also forbids passing a vehicle while sharing the same lane as that vehicle.
There are a few exceptions to this rule. Motorcyclists are allowed to ride side by side with one other rider in the same lane, and the restrictions do not apply to police officers performing official duties.
Texas Joined the Majority of States That Prohibit Lane Splitting
By enacting the new motorcycle law, Texas officially joined the majority of states that prohibit lane splitting and lane filtering. Supporters of this law cite safety concerns when vehicles unexpectedly come into close proximity when a motorcyclist lane splits or filters.
California is the only state that explicitly allows lane splitting and has even made it illegal for drivers to intentionally impede or block motorcyclists from doing so. Other states allow lane splitting but only under certain conditions to ensure the safety of all road users. For instance, Montana allows bikers to lane split and filter as long as the motorcycle is not moving above 20 miles per hour and vehicles are not moving at more than 10 miles per hour.
A few states, such as Nebraska, don’t have laws directly addressing lane splitting. In such cases, lane splitting is not generally considered illegal and is likely to come up only in cases where it causes an accident.
What are the Penalties for Splitting Lanes in Texas?
Breaking Texas’s lane-splitting ban can lead to serious traffic and civil consequences:
- Traffic tickets and fines: Lane splitting is typically a Class C misdemeanor, with fines that vary by city or county plus court costs.
- License consequences: A single ticket may not suspend your license, but repeated moving violations can trigger action by the Texas Department of Public Safety.
- Higher insurance premiums: Any moving violation can cause your rates to increase.
- Civil liability after a crash: Texas follows a comparative negligence rule, or the 51 percent rule, meaning if late splitting contributed to an accident, your recovery could be reduced by your percentage of fault.
- Possible jail time: While the lane-splitting ticket itself may only result in a fine, aggravated cases that involve reckless driving or crash-related crimes can result in jail.
How Can Lane Splitting Affect a Personal Injury Claim?
If you’re hurt in a crash while lane splitting, Texas’s 51 percent rule applies. Your compensation is reduced by your share of fault, and if you’re found 51 percent or more responsible, you cannot recover damages. Insurance companies often use lane splitting to argue for higher fault percentages, making legal representation important to protect your rights.
Even if the other driver clearly made a mistake, insurers may use lane splitting as leverage to limit or deny your claim. Having an experienced Dallas motorcycle accident lawyer from Shamieh Law on your side can help you challenge unfair fault assignments and protect your right to compensation.
House Bill 4122 Empowers Motorcycling Safety
With both lane splitting and lane filtering now being illegal in Texas, motorcyclists should focus on safe, legal riding practices.
- Lane sharing: You may ride two-abreast with one other motorcycle in the same lane.
- HOV lane usage: Motorcycles can use HOV lanes, even with a single rider.
- Full lane rights: Motorcyclists are entitled to the full width of a lane, just like any other vehicle.
- Passing restrictions: You cannot pass a full-sized vehicle while sharing the same lane.
At Shamieh Law, we know motorcycling can be a fast, fun, and efficient way to get around, but safety always comes first. If the worst happens and you’re hurt in an accident, our team is here to stand up for your rights and guide you through the recovery process.
Shamieh Law’s Top Motorcycling Safety Tips
While some riders believe lane splitting can improve safety, it’s illegal in Texas, and there are better ways to protect yourself on the road. Here a a few safe, legal practices Texas motorcyclists can follow:
- Always wear protective gear: Quality helmets, gloves, jackets, and boots can reduce injury severity in a crash. Texas motorcycle helmet laws require helmets for riders under 21, although helmets are strongly recommended for everyone.
- Maintain a safe following distance: Leave plenty of space between you and the vehicle ahead to allow for sudden stops.
- Stay alert: Watch for sudden lane changes, road debris, or drivers who may not see you.
- Adhere to traffic laws: Follow posted speed limits, obey signals, and avoid aggressive maneuvers.
- Abide by all Texas motorcyclist requirements: This includes proper licensing, registration, and insurance.
Shamieh Law encourages riders to enjoy the freedom of motorcycling while making safety a priority. If you’re injured in a crash, our Dallas motorcycle accident lawyers are ready to help you understand your rights and pursue the recovery you deserve.
Understanding Texas Lane Splitting Laws Starts Here
Laws often change, and it can be hard to keep up, especially if you’ve been involved in an accident and want to sue the at-fault party. Shamieh Law is an award-winning personal injury law firm with a proven track record of helping crash victims get their lives back on track, whether by helping them receive medical treatment or pursue legal compensation.
Our motorcycle accident lawyers are ready to listen to your story and evaluate your case. You may be entitled to significant compensation if you were injured in a motorcycle accident caused by illegal lane splitting. Call (469) 813-7332 or contact us online to schedule a free consultation.