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October 6, 2023 by Greg Baumgartner
If you’re a motorcyclist, you may have heard of “lane splitting.” It refers to riding a motorcycle between lanes of stopped or slow-moving traffic. Lane splitting is common in many countries, but is it legal in Texas?
In this article, we’ll explore the laws and regulations surrounding lane splitting in Texas and provide some insights into the safety and benefits of this practice.
Currently, lane splitting is not explicitly legal or illegal in Texas. This means that there is no specific law that prohibits or allows lane splitting. However, it is important to note that some laws and regulations can be applied to lane splitting in the state. According to the Texas Department of Public Safety, motorcyclists must follow traffic laws like other vehicles on the road. This means they must stay within their designated lane and cannot pass other vehicles in the same lane.
Additionally, it is worth mentioning that Texas Transportation Code 545.060 states that a motorcyclist cannot overtake and pass in the same lane occupied by the vehicle being overtaken. While this law does not directly address lane splitting, it can be interpreted as applicable to this practice since the motorcycle is technically passing other vehicles in the same lane. Therefore, based on these existing regulations, lane splitting can be considered illegal in Texas.
However, it is essential to understand the distinction between lane filtering and lane splitting. Lane filtering, which involves a motorcyclist moving to the front of a line of stopped traffic at a red light, is legal in Texas as long as the motorcyclist does not filter between lanes once the traffic starts moving. On the other hand, lane splitting, which refers to passing other vehicles in the same lane while traffic is in motion, is prohibited by law in Texas.
While lane splitting is illegal in Texas, it is important to note that there have been discussions and proposed legislation regarding this practice. In 2019, the Texas legislature drafted SB 273, which addressed the topic of lane splitting. However, this bill did not pass by the Senate Transportation Committee of the 87th Texas Legislature. Additionally, a measure was submitted to the Texas Senate Transportation Committee in 2017 but did not receive a vote. These instances indicate that there has been some consideration of legalizing lane splitting in Texas, although it has not been enacted into law.
Given the proposed legislation and public opinion in favor of legalizing lane splitting, it is crucial to continue the conversation and consider this practice’s potential benefits and safety implications. However, as of now, motorcyclists in Texas need to adhere to the existing laws and regulations, which prohibit lane splitting on the state’s roadway.
It’s important to note the difference between lane filtering and lane splitting. Lane filtering is riding a motorcycle between lanes of stopped traffic, while lane splitting is done between lanes of moving traffic.
Lane filtering is legal in Texas as long as the motorcyclist is not passing other vehicles in the same lane. This means that a motorcyclist can filter to the front of a line of stopped traffic at a red light but cannot continue to filter between lanes once the traffic starts moving.
While permissible in certain areas, Lane splitting and filtering are not without risks. Studies and statistics have shed light on these potential dangers, providing valuable insights into this practice’s safety concerns.
One notable study by the University of California Berkeley in 2015 analyzed the safety aspects of lane splitting, specifically in California, where it is legally permitted. The study revealed that lane splitting can be executed safely, but with an important caveat – motorcyclists should maintain a speed of 15 mph or less than the surrounding traffic. This finding emphasizes the significance of maintaining a reasonable speed differential to ensure the safety of motorcyclists and other road drivers.
Moreover, the National Highway Traffic Safety Administration (NHTSA) conducted its study, which yielded interesting results. According to their research, lane splitting can reduce the risk of rear-end collisions for motorcyclists. This is due to the ability of motorcyclists to maneuver out of potential collision situations by utilizing lane splitting, effectively avoiding being trapped in a dangerous scenario.
While these studies shed light on the potential benefits of lane splitting, it is important to acknowledge the associated risks. As previously mentioned, drivers may be unaware of motorcyclists and make abrupt lane shifts, which can lead to severe collisions. Additionally, the lack of protection for motorcycle riders can result in serious accidents, even at relatively low speeds. The limited space between cars increases the risk of collision if a rider makes a mistake navigating through this confined area. Moreover, the reduced visibility of motorcycles makes it more difficult for vehicles to change lanes while a motorcyclist is lane-splitting, as the motorcycle may end up in the car’s blind spot.
In conclusion, while studies have indicated that lane splitting can be done safely under certain conditions, it is crucial to acknowledge the potential risks involved. Motorcyclists must exercise caution and adhere to recommended speeds, while drivers must remain vigilant and aware of their surroundings. By fostering an environment of mutual respect and understanding, we can work towards safer roads for all.
Aside from the potential safety benefits, lane splitting has other advantages. For one, it can help reduce traffic congestion. Motorcycles take up less space on the road than cars, so allowing them to move between lanes can help ease traffic flow.
Lane splitting can also reduce the risk of overheating for motorcycles. When stuck in traffic, motorcycles cannot move and cool down, leading to engine damage. By allowing lane splitting, motorcycles can continue to move and avoid overheating.
There is a divide among the public when it comes to lane splitting. Some argue that it is a dangerous practice that puts both motorcyclists and other drivers at risk. Others believe it can be done safely and benefit motorcyclists and drivers.
In a Texas Department of Transportation survey, 60% of respondents favored legalizing lane splitting, while 40% were against it. Those in favor cited benefits such as reduced traffic congestion and increased safety for motorcyclists—those against expressed concerns about lane splitting and the potential for accidents.
When it comes to lane splitting or riding a motorcycle between lanes of traffic, there are potential penalties and consequences to consider. In Texas, drivers who engage in lane splitting may receive a ticket for driving on the shoulder of the road, which usually comes with a corresponding fine.
However, the penalties for lane splitting do not end there. If a motorcycle rider in Texas is involved in an accident while lane splitting, they may be held partially or fully responsible for the incident. This means that if the motorcyclist is found to be at fault, they might not be fully compensated for any injuries sustained in the accident.
It is worth noting, though, that in cases where the other motorist involved in the accident was also acting negligently or carelessly—for example, by speeding, passing too closely, or driving under the influence—the motorcyclist may not bear the sole responsibility for the collision.
In Texas, the legal system follows a modified comparative negligence jurisdiction. This means that even if the motorcyclist is found to be partially at fault, they may still be eligible for some reimbursement for their injuries. However, the compensation awarded could be reduced based on the proportion of responsibility assigned to the rider.
In summary, the penalties for lane splitting in Texas include the potential for receiving a citation for driving on the shoulder. Additionally, if a motorcycle rider is involved in an accident while engaging in lane splitting, their level of fault may affect their eligibility for compensation for any injuries sustained.
The motorcycle accident lawyers in Houston at Baumgartner Law Firm have won motorcycle crash cases for decades. Contact our experienced team for a free consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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