Lane Splitting in California: Who’s at Fault in a Motorcycle Crash?

If you've ever seen a motorcycle zoom between two lanes of traffic on the freeway and wondered, “Can motorcycles lane split in California?”—the answer is yes. In fact, California is the only state with laws that formally allow the practice.

It might seem risky to the average driver, but this was legalized for a reason: it's actually considered safer for motorcyclists to ride between slow-moving or stopped traffic rather than risk being rear-ended while sitting in a lane. But while California lane splitting law allows this maneuver, things get more complicated when an accident occurs. So how do you determine who’s at fault—the driver or the rider?

Lane Splitting in California

Lane splitting has been a common practice in California for decades and was officially recognized in 2016, when Assembly Bill 51 was signed into law. The bill authorized the California Highway Patrol (CHP) to develop educational guidelines for safe lane splitting.

The idea behind the law is rooted in motorcycle safety. When done responsibly, driving between lanes can help motorcyclists avoid getting rear-ended in stop-and-go traffic and reduce the risk of overheating in extreme temperatures. But how is fault determined in the event of an accident?

While lane splitting is legal, that doesn't automatically mean the motorcyclist is not at fault in an accident. Here's how it can impact a personal injury claim:

Comparative Fault

California follows pure comparative negligence, meaning fault can be shared between parties. If a motorcyclist was speeding between cars or weaving recklessly, their compensation may be reduced by their percentage of fault.

Insurance Company Scrutiny

Although this practice is legal, insurance companies may attempt to shift blame onto the motorcyclist, arguing that their actions contributed to the crash. This is a common tactic to minimize payouts.

Determining Fault After a Crash: Driver vs. Rider

Although lane splitting is legal in California, drivers have a duty to check their mirrors, signal properly, and remain aware of motorcyclists. Here are a few ways a driver can be held liable in an accident:

Sudden lane changes without signaling and swerving into another lane without checking their blind spots

Opening a car door into a motorcyclist’s path

Aggressive driving or road rage, and intentionally trying to block motorcycles from passing

Evidence like dashcam footage and police reports can go a long way in proving that the driver’s actions caused the accident.

On the flip side, just because motorcycle lane splitting is legal in California doesn’t mean the rider is off the hook. Here are situations where fault could fall on the motorcyclist:

Lane splitting at high speeds or weaving recklessly

Driving between lanes in poor conditions and not exercising caution

Passing too closely or misjudging space and colliding with a vehicle

Regardless of the situation, motorcyclists involved in accidents should be careful not to admit fault. Mistakes to avoid for motorcycle accident claims include apologizing at the scene or assuming you’re automatically to blame.

Need Legal Help in North Hollywood or Valley Village?

So who’s to blame in such cases? Fault in these types of accidents depends on the specific facts: how fast the motorcyclist was going, what the driver was doing, and whether either party acted negligently. Because these cases can get complicated, it’s always a good idea to speak with a personal injury attorney who understands how California lane splitting law works. Whether you're a rider or a driver, understanding your rights is the first step to protecting them.

If you need legal help, contact Yepremyan Law Firm to speak with one of our motorcycle accident lawyers in North Hollywood or request to be connected to a personal injury attorney in Valley Village. Since 1998, our personal injury law firm in North Hollywood has served thousands of clients across Southern California. We offer 24/7 support to make sure injured victims receive the guidance they need during challenging times.

Call us today to book your free consultation so we can help you receive the justice you deserve. Our firm works on a contingency basis for all personal injury matters. In other words, you pay nothing unless your case has been settled or won.

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