Studies show that motorcyclists can reduce their risk of a motorcycle accident using a practice called “lane splitting” or a modification of the technique called lane filtering. However, a majority of states outlaw both methods. Is lane splitting legal in Texas? No. Texas is in line with the majority on this issue.
Current Texas Laws About Lane Splitting
Lane splitting happens when motorcycles ride on the lines between active traffic lanes. Pure lane splitting can happen anywhere, allowing motorcyclists to overtake other vehicles by riding on the line rather than changing lanes. In practice, a motorcycle could pass slower cars in adjacent lanes by moving between them.
A related practice called lane filtering only allows motorcyclists to ride on lane lines in slowed or stopped traffic. Lane filtering was invented to address the specific problem of cars tailgating motorcycles, risking a rear-end collision at intersections or in traffic jams.
One state, California, expressly permits lane splitting. The following six states permit lane filtering without permitting lane splitting:
- Arizona
- Utah
- Colorado
- Montana
- Hawaii
- Minnesota
Seven more states have laws that do not address whether lane splitting or filtering are allowed or prohibited. The remaining 36 states expressly prohibit lane splitting.
Texas falls in the last category. Under Texas law, a motorcycle is entitled to the full use of a traffic lane. This prohibits other drivers from trying to pass motorcycles by only moving partially into another lane.
Instead, drivers can only overtake motorcyclists by moving fully into an adjacent lane to the left, passing them, and then returning to the original lane to the right after overtaking the motorcycle. The same statute also allows motorcyclists to ride two abreast in a single lane. Thus, two motorcyclists can ride in a single-file line or side by side.
Finally, the statute prohibits motorcycles from riding “between lanes of traffic moving in the same direction.” This prohibition specifically outlaws lane splitting and filtering. In short, the answer to the question, “Is lane splitting legal in Texas?” is no.
Safety Risks of Lane Splitting
While it may seem counterintuitive, a study of motorcyclists in California found that lane-splitting riders were less likely to suffer injury or death in a collision. Specifically, the research observed that riders hit while lane splitting had the same risk for neck injuries but lower rates of the following:
- Head injuries
- Torso injuries
- Extremity injuries
- Fatal injuries
You can likely attribute this reduced risk to two factors. First, motorcyclists hit during lane splitting usually suffer a sideswipe. This type of collision involves much less crash energy than head-on, rear-end, or side-impact collisions.
Second, riders hit while lane splitting were traveling slower than riders hit within a lane. Riders usually slow down when they drive on the lane lines so they can maneuver between vehicles.
At the same time, lane splitting does involve risks. Riding next to a vehicle puts the rider in the driver’s blind spot. When the cars are stopped or parked, a motorcyclist could get hit when a motorist opens their vehicle door. Finally, lane splitting at high speeds can startle a driver and cause them to swerve into the rider or an adjacent vehicle.
Potential Legal Consequences for Lane Splitting in Texas
Motorcyclists face two potential consequences for riding on lane lines in Texas. First, they can receive a traffic ticket for a moving violation. A conviction may result in fines, court costs, and points on the rider’s driving record.
Second, a rider injured while lane splitting may have their injury compensation reduced. Texas applies comparative negligence to personal injury cases. This doctrine allows a judge or jury to assign blame to any of the parties involved, including the injured victim.
If a rider receives a share of the blame for lane splitting, the court reduces their compensation proportionally. They cannot recover anything if the trier of fact assigns more than 50% of the blame to them.
For example, suppose that a jury finds you 40% at fault for lane splitting, and the driver who hit you was 60% at fault for changing lanes without looking. In this instance, you could only recover 60% of your medical bills and lost wages because the driver who hit you was only 60% at fault for your injuries.
Safety of Motorcycle Riders in Texas
Even without lane splitting, motorcyclists face many risks. For instance, there is very little margin for error while riding on crowded roads. Drivers can lose track of them due to the motorcycle’s size and speed. Even when motorcycle operators try to remain in plain sight, drivers can still miss them simply because they do not look for them.
However, when riders suffer injuries due to a driver’s negligence, they have the right to pursue injury compensation. A motorcycle accident attorney can pursue an insurance claim or lawsuit when a driver hits a rider while changing lanes unsafely, running a stop sign, or engaging in other careless acts.
FAQ
Is Texas Legalizing Lane Splitting?
Texas will probably not legalize lane splitting. The state legislature just made lane splitting illegal in Texas on September 1, 2023, and it is unlikely to reconsider its position soon.
What is the Difference Between Lane Splitting and Filtering?
The main difference is the speed of the traffic. Lane filtering takes place in slow or stopped traffic, whereas lane splitting can happen at any time.
How Much Is a Lane Splitting Ticket in Texas?
Harris County does not have a fixed fine for lane splitting. However, a justice of the peace can impose a fine of up to $200 plus court costs for moving violations.
Learn More About Lane Splitting in Texas
Is lane splitting legal in Texas? No, but this does not mean the end of any accident claim. If you were hit while riding on a lane line, a motorcycle accident lawyer could still pursue a claim if the other driver was negligent in hitting you. Contact us to learn more about your right to injury compensation.