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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 Texas lane splitting laws and regulations surrounding lane splitting in Texas and provide some insights into the safety and benefits of this practice.
Navigating the intricacies of lane splitting laws in Texas can be a bit complex. Due to HB 4122, lane splitting is not legal in the state. Prior to the change in the law there was ambiguity while there isn’t a specific law that outright bans lane splitting, there are existing traffic regulations that can be interpreted to prohibit it. For instance, the Texas Transportation Code mandates that motorcyclists must stay within their designated lanes and cannot pass other vehicles in the same lane. This effectively makes lane splitting illegal under current interpretations.
However, it’s important to distinguish between lane splitting and lane filtering. Lane filtering, which allows motorcyclists to move to the front of a line of stopped traffic at a red light, is permitted in Texas as long as the motorcyclist does not continue filtering once traffic starts moving. This subtle difference is crucial for motorcycle riders to understand to avoid potential legal issues.
HB 4122 Provides Motorcycle Riders:
| may not; | ||
| (A) operate the motorcycle more than two abreast | ||
| in a single lane with other motorcycles; | ||
| (B) operate the motorcycle between lanes of | ||
| traffic moving in the same direction; or | ||
| (C) pass a motor vehicle while in the same lane as | ||
| the vehicle being passed. | ||
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. Therefore, based on these existing regulations, and the new law, 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.
The amendment passed through both the state House and the state Senate during the Texas State Legislative Session 88(R) in 2023.
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.
House Bill 4122 was filed by representative Ryan Guillen.
Splitting and lane sharing are terms that are often confused but have distinct meanings. Lane splitting refers to the practice of a motorcyclist riding between two lanes of traffic, typically when traffic is slow-moving or stopped. This practice is not legal in Texas, as it involves passing other vehicles in the same lane, which is prohibited by state law.
On the other hand, lane sharing refers to two or more motorcyclists riding side by side in the same lane. Unlike lane splitting, lane sharing is allowed in Texas. Motorcyclists can legally ride two abreast in a single lane, which can be a safer and more controlled way for riders to travel together. Understanding these differences is essential for motorcyclists to ensure they are riding within the bounds of the law.
While permissible in certain areas, Lane splitting and filtering are not without risks. Studies and statistics have shed light on these potential dangers, including the risk of a lane splitting accident, 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.
Advocates for legalizing lane splitting in Texas present compelling arguments centered around safety and efficiency. One of the primary benefits cited is the reduction of traffic congestion. Motorcycles take up less space on the road compared to cars, and allowing them to move between lanes can help ease overall traffic flow. This can be particularly beneficial in densely populated urban areas where traffic congestion is a significant issue.
Safety is another critical factor. Proponents argue that lane splitting can help motorcyclists avoid rear-end collisions, which are a common cause of motorcycle accidents. By riding between lanes, motorcyclists can maneuver out of potentially dangerous situations where they might otherwise be sandwiched between vehicles. Studies, such as those conducted by the California Highway Patrol, have shown that lane splitting can be safe if done at appropriate speeds. For instance, riding at a speed of 50 mph or less and not exceeding the speed of surrounding traffic by more than 15 mph can significantly reduce the risk of accidents.
However, it’s important to acknowledge the concerns of opponents who argue that lane splitting can increase the risk of accidents. They
Read More: How Much is a Good Settlement for a Motorcycle Accident in Houston?
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 motorcycle riding and 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
Related Resources:
What Causes Most Motorcycle Crashes in Houston, TX?
What Causes Death In Motorcycle Accidents?
A Guide to Texas Motorcycle Laws
Motorcycle Awareness Month in Texas
Motorcycle Passenger Rights After an Accident in Texas
The Dangers of Riding a Motorcycle in Houston
What to Do After a Motorcycle Accident
How Much Does it Cost to Hire a Motorcycle Accident Attorney?
How Settlement Money is Divided in a Motorcycle Accident Case
8 Essential Factors to Consider When Hiring a Motorcycle Accident Attorney in Houston
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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