April 30, 2025
Motorcycle Accidents

At NC Car Accident Lawyers, we are dedicated to supporting individuals across North Carolina who have been affected by vehicle accidents. Our experienced legal team understands the challenges you may face after an accident, including dealing with injuries, insurance companies, and financial burdens. We are committed to providing personalized attention, aggressive representation, and 24/7 availability to help you navigate the legal process and pursue the compensation you deserve.

Lane splitting is a controversial and often misunderstood topic, especially for motorcycle riders in North Carolina. While some see it as a way to move through congested traffic more efficiently, the law in this state makes the practice illegal. Understanding the legal risks and safety concerns tied to lane splitting is critical for any motorcyclist.

In this blog, we explain what lane splitting is, why it is illegal in North Carolina, the risks it creates, how it affects accident claims, and why working with an experienced North Carolina motorcycle accident lawyer is important.

What Is Lane Splitting?

Lane splitting is a riding behavior that often raises questions about legality and safety. In this section, we define it clearly and explain how it differs from similar actions like lane filtering and lane sharing.

Definition of Lane Splitting

Lane splitting happens when a motorcycle rider moves between two lanes of stopped or slow-moving traffic, typically in the same direction. This often occurs during traffic congestion or when other motor vehicles are moving at reduced speeds. The rider moves through gaps between cars, staying within the white dashed lines separating lanes.

This is not the same as using a full lane. In lane splitting, the motorcyclist rides between lanes rather than behind a lead vehicle. It is most common in heavy traffic or during a traffic jam.

Lane Splitting vs. Lane Filtering

Lane filtering refers to a motorcyclist moving between stopped vehicles, usually at intersections or traffic lights. This often happens at lower speeds and in stationary traffic. While both involve moving between cars, filtering typically involves shorter distances and occurs in stopped traffic rather than slow-moving traffic.

Lane Splitting vs. Lane Sharing

Lane sharing is when two motorcycles ride side by side in the same lane. This is legal in many places, including North Carolina, under certain conditions. Lane splitting, however, involves passing other vehicles in the same lane and is a separate act with different legal and safety concerns.

Where Is Lane Splitting Legal?

Lane splitting is currently legal only in a few states. California was the first to permit it, with the California Vehicle Code acknowledging the practice. The California Highway Patrol has also provided lane splitting safety tips to guide motorcyclists.

North Carolina law, by contrast, does not permit lane splitting. Riders must stay in a marked lane and avoid passing other traffic within the same lane. The difference between states like California and North Carolina affects motorcycle riders’ legal obligations and how traffic safety laws are enforced.

Why the Confusion?

Some motorcyclists mistakenly believe lane splitting is legal everywhere. The practice is common in other parts of the world and has been discussed in debates about reducing traffic and improving road safety. However, the North Carolina General Statutes do not allow such movement between lanes. Misunderstanding these laws can lead to legal issues, especially in the event of a motorcycle accident.

Is Lane Splitting Legal in North Carolina?

Lane splitting laws vary by state, and it is important for motorcycle riders in North Carolina to understand how the law applies to them.

Lane Splitting Is Illegal in North Carolina

In North Carolina, lane splitting is illegal. The law requires motorcyclists to stay within a single marked lane. Passing other motor vehicles within the same lane is not allowed. This is clearly stated in North Carolina General Statute § 20-146, which outlines how vehicles must operate within lanes.

The law does not allow motorcycles to move between cars in stopped or slow-moving traffic. This includes congested traffic, traffic jams, and stationary traffic. Riding between two lanes, also called splitting lanes, is not permitted at any speed.

Differences From Other States

Lane splitting is legal in California. The California Vehicle Code and the California Highway Patrol recognize the practice and offer safety tips for riders. North Carolina has not adopted similar traffic laws.

Some riders from other states may assume lane splitting is allowed everywhere. This misunderstanding can lead to legal trouble. Motorcyclists must follow the rules of the road where they are riding, not where they are from.

Why Lane Splitting Remains Illegal

Lawmakers in North Carolina have not approved any bills to legalize lane splitting. Safety concerns are a major reason. Sudden lane changes, vehicle doors opening, and other risks make lane splitting dangerous in traffic. Allowing motorcycles to move between cars increases the chances of rear end collisions and other accidents.

North Carolina focuses on motorcycle safety by requiring riders to operate safely within marked lanes. This approach supports road safety for all drivers, not just motorcycle riders.

What Riders Should Know

Motorcyclists in North Carolina must avoid lane splitting. Even if traffic is slow or stopped, moving between vehicles is against the law. Staying in one lane helps avoid accidents and legal issues.

Dangers and Risks: Why Lane Splitting Is a Legal and Safety Concern

Lane splitting may look like a way to avoid traffic, but it creates serious risks for motorcycle riders and other motorists.

Increased Risk of Accidents

Motorcycles that split lanes often pass close to other vehicles. This increases the risk of sudden lane changes, rear end collisions, and crashes with vehicle doors. In heavy traffic, drivers may not see or expect a motorcycle riding between lanes. A driver changing lanes without signaling can cause a serious motorcycle accident.

Even in slow moving traffic or stopped traffic, there is little room for error. A slight movement by a car can force a rider into another vehicle or off the road. This lack of space creates constant danger for lane splitting riders.

Speed Differential Adds Danger

The difference in speed between the motorcycle and surrounding vehicles is a major safety issue. A high speed differential gives riders less time to react to sudden changes. Traffic flow is often unpredictable in traffic jams, especially when drivers are distracted or frustrated.

If a motorcycle is moving much faster than other traffic, even a small mistake can lead to a crash. The faster the speed compared to other vehicles, the higher the chance of injury.

Limited Escape Routes

Lane splitting limits escape routes. Riders often have nowhere to go if another vehicle swerves or stops suddenly. When a motorcyclist rides in the space between two lanes, they lose the option to maneuver safely out of danger.

This makes it harder to avoid crashes caused by careless lane changes or opened vehicle doors. Riders trapped between cars have little room to recover from a mistake or avoid obstacles.

Impact on Other Road Users

Lane splitting can surprise drivers and lead to unsafe reactions. Other motorists may panic, drift in their lane, or try to block the rider. These reactions can cause chain-reaction accidents and create more danger for all road users.

The behavior also increases tension between drivers and motorcycle riders. It can damage public perception of motorcyclists and hurt efforts to promote road safety.

Why You Need a Motorcycle Accident Attorney in Lane Splitting Cases

Lane splitting is illegal in North Carolina, and engaging in this practice can significantly impact your ability to recover compensation after a motorcycle accident. Understanding the legal implications and securing proper representation is crucial.

Lane Splitting and Contributory Negligence

North Carolina follows a strict contributory negligence rule. Under this law, if you are found even 1% at fault for an accident, you may be barred from recovering any damages. Since lane splitting is not permitted in North Carolina, a motorcyclist who engages in this maneuver may be considered at fault or partially at fault in the event of an accident.

Challenges in Proving Liability

Insurance companies often use the illegal nature of lane splitting to deny claims. They may argue that the motorcyclist’s actions contributed to the accident, making it challenging to pursue a claim, even if another driver also acted negligently. This makes it essential to have a motorcycle accident attorney who can gather evidence, interview witnesses, and build a strong case on your behalf.

How NC Car Accident Lawyers Can Assist

At NC Car Accident Lawyers, we specialize in handling motorcycle accident cases, ensuring that our clients receive the dedicated support they need during this challenging time. Our attorneys understand North Carolina motorcycle laws and are equipped to navigate the complexities of these cases. We provide comprehensive legal support tailored to your specific needs, from helping victims seek compensation to cover medical bills to holding the negligent driver responsible for their behavior.

Steps to Take After a Lane Splitting Accident

Ensure Safety: Move to a safe location and check for injuries.
Call Emergency Services: Report the accident to the police and seek medical attention.
Document the Scene: Take photos of the accident scene, your injuries, and any damages.
Gather Information: Collect contact and insurance information from all parties involved and any witnesses.
Avoid Admitting Fault: Do not discuss fault at the scene or with insurance adjusters.
Consult a Motorcycle Accident Attorney: Contact NC Car Accident Lawyers for a free case evaluation to understand your rights and options.

Contact an Experienced North Carolina Motorcycle Accident Attorney Today!

If you have been involved in a motorcycle accident in North Carolina, particularly one related to lane splitting, the team at NC Car Accident Lawyers is here to help. Our experienced motorcycle accident attorneys understand the complexities of North Carolina traffic laws and are dedicated to protecting your rights. We offer a free case evaluation to discuss your situation and explore your legal options.

California Motorcycle Lane Splitting: What Other States Can Learn

California is currently the only state in the United States where lane splitting is explicitly legal, and it has become a topic of national interest among motorcyclists, lawmakers, and traffic safety advocates. The California Highway Patrol, along with motorcycle safety researchers at Berkeley, have developed comprehensive lane splitting guidelines and best practices to reduce risk and promote defensive driving.

The state’s policies are supported by statistics showing a reduction in rear end collisions among motorcycles when lane splitting is done properly. Studies published by traffic safety organizations and departments of transportation suggest that legal lane splitting at speeds below 15 mph can significantly reduce crash rates, especially during traffic jams and congested traffic scenarios.

Benefits of California’s Approach

Enhanced situation awareness for riders
Reduced carbon footprint due to less idling
Improved traffic flow on freeways and highways
Lower rate of motorcycle accidents compared to states where lane splitting is illegal

These benefits are frequently cited in the lane splitting debate across America, with north carolina lawmakers reviewing whether a pilot program could be introduced to test safe lane splitting under strict regulations and defensive driving courses.

Lane Splitting Safety Tips for Motorcyclists

For riders who travel to states where lane splitting is legal, knowing the lane splitting techniques that reduce risk and improve navigation is essential. The following safety tips are endorsed by the American Motorcyclist Association (AMA) and several motorcycle safety educators:

Always wear protective gear, including a motorcycle helmet and body armor.
Do not exceed the speed of adjacent vehicles by more than 10-15 mph.
Only split between the two left-most lanes of traffic when lane filtering.
Practice consistent and smooth motorcycle riding techniques to ensure safety.
Avoid lane splitting at intersections or when traffic is unpredictable.

Incorporating these best practices for lane splitting can greatly reduce the likelihood of motorcycle accidents and help you stay within legal limits where lane splitting is permitted.

Understanding Lane Splitting Statistics and Public Perception

Motorcycle lane splitting is one of the most studied and controversial topics in traffic safety. A comprehensive literature review by wisdot and Berkeley researchers found that public opinion is sharply divided. Many drivers view the practice as dangerous, while others recognize its potential to reduce road congestion and accidents.

According to a national highway survey:

60% of motorists are unaware of the legal status of lane splitting in their state.
Over 70% of motorcyclists support legalizing lane filtering under controlled conditions.
Lane splitting reduces injuries from rear-end crashes by up to 20%.

Still, motorcycle accident lawyers caution riders that lane splitting in states like north carolina, where it remains illegal, can lead to complex liability and insurance issues, particularly in personal injury claims.

Lane Filtering and Bicycle Lane Splitting: Clarifying the Differences

The terms lane filter, lane filtering, and bicycle lane splitting are often used interchangeably, but they refer to distinct actions that impact traffic laws differently. While lane splitting generally refers to moving between lanes of traffic, lane filtering is typically used in stopped traffic or intersections and at much lower speeds.

Bicycle lane splitting, meanwhile, occurs when bicycles or e-bikes use the space between lanes or ride adjacent to traffic in marked bike lanes. In many urban areas, this is governed by separate laws related to road sharing and motor vehicle interactions.

Why Definitions Matter

Understanding the nuances between lane splitting, lane filtering, and lane sharing is critical for anyone navigating legal traffic violation cases or attempting to assess fault in motorcycle accidents. Misunderstanding these terms can impact insurance claims, liability evaluations, and court rulings on personal injury lawsuits.

Frequently Asked Questions About Lane Splitting

Is Lane Splitting Legal in the United States?

Currently, lane splitting is only legal in California. Several states, including Montana, Utah, and Hawaii, have considered legislation or pilot programs related to lane filtering or similar practices.

What Is the Penalty for Lane Splitting in North Carolina?

In North Carolina, lane splitting is a traffic violation that may result in fines and legal consequences. If involved in an accident while lane splitting, a motorcyclist may be found partially or fully at fault, impacting any personal injury or workers compensation claim.

Does Lane Splitting Improve Traffic?

In states where it’s permitted, lane splitting has been shown to improve traffic flow and reduce commute times for both motorcycles and other vehicles. However, these benefits are dependent on rider behavior, adherence to lane splitting rules, and overall traffic conditions.

Should Lane Splitting Be Legalized in More States?

This remains a contentious issue. Advocates argue that legal lane splitting offers lane splitting benefits such as reduced congestion and accident prevention, while opponents cite concerns about safety, visibility, and unexpected lane changes.

Proponents suggest that with proper training, public awareness campaigns, and clearly defined lane splitting laws, the practice could be safely integrated into more states’ traffic systems. Until then, riders must be cautious, understand their state’s laws, and consider the legal risks before attempting to split lanes.

For more information and legal advice, contact our team today for a free consultation. Whether you need guidance on motorcycle accident claims, lane splitting regulations, or defensive riding techniques, we’re here to help.

Lane Splitting and Liability in Motorcycle Accidents in North Carolina