Whether you are the driver of a motor vehicle or a motorbike, one thing both parties can agree on is that traffic is the bane of the driving experience. Nothing is worse than wanting to get home from a long day at work or heading out for that much-needed vacation to only spend a long, agonizing time in sluggish bumper-to-bumper traffic.
While cars are unfortunately stuck in this situation with nowhere to go, motorcycles are small enough to slip between the gaps left by the cars. Some cyclists may call this a simple perk of owning and operating a motorcycle, while drivers of vehicles, understandably, get aggravated by the behavior.
There are a lot of arguments between motorcyclists and drivers about whether this behavior, known as lane splitting, is legal. In this article, the trusted motorcycle and car accident attorneys at the Hernandez Law Group are taking a closer look at lane splitting to see what Texas state law has to say about it, the risks, and what would happen should this behavior cause an accident. Here is what you need to know about lane splitting in Texas:
What Is Motorcycle Lane Splitting and Filtering?
“Lane splitting” is a term used to describe the act of riding a motorbike between two lanes of slower traffic while traveling in the same direction.
The term “lane filtering” is used to describe the act of riding between halted lanes of traffic, either at a red light or a traffic jam.
There is a lot of controversy about the morality of lane splitting and filtering. Motorcyclists claim that it helps keep traffic moving while drivers argue that it increases the risk of accidents.
Does Lane Splitting and Filtering Help Ease Traffic?
It may seem like motorcyclists moving through traffic while larger cars are stopped would help traffic and save time, but it actually causes more harm than good. If vehicles were at a firm stop and constantly aware of their surroundings, it could potentially help save all riders time on their route. However, the actions of other drivers are unpredictable and not something that can be completely controlled. Distracted driving, impatience, road rage, and any other conditions on the road can make a driver suddenly try to change lanes or not stop. This can lead to them hitting a cyclist, leading to an accident and slowing traffic even more.
Is Lane Splitting and Filtering Legal in the State of Texas?
No. Lane splitting and lane filtering are illegal in the state of Texas. Since there is no way to control the actions of other drivers, it is safer for both parties to simply have everyone following the same laws and etiquette when stuck in traffic. Currently, the only state in the United States that allows lane splitting and filtering is the state of California.
Penalties for lane splitting or filtering in Texas are hefty fines of $175 or more. On top of that, cyclists can also expect to receive citations for speeding, unsafe lane changes, reckless driving, or following another vehicle too closely.
What If I Have Been in an Accident Caused by Lane Splitting?
Accidents caused by lane splitting fall under negligence and are typically considered the fault of the cyclist. This is because it is harder for drivers of vehicles to be completely aware of motorcyclists who are traveling between lanes of slowed or stopped traffic.
Is a Cyclist Always At Fault?
No. Sometimes, the accident is not the fault of the cyclist. However, for them to prove that they were not liable for the accident, they must show the following:
- The cyclist was operating their motorcycle safely
- There were no traffic violations committed by the cyclist at the time of the accident
- The cyclist took and completed a motorcycle safety course before operating their vehicle
- The cyclist has the proper licensing
- The driver of the other vehicle was negligent or performed a traffic violation that was more dangerous than lane splitting
If you were injured in an accident, it may seem like your entire world has been flipped upside down. The team here at the Hernandez Law Group, P.C. is dedicated to ensuring that you can focus on your recovery after an accident while we fight to get you the compensation you deserve. Do not walk the road to recovery alone and instead, lean upon the compassionate and passionate team of motorcycle and car accident attorneys of the Hernandez Law Group, P.C. Contact our team today for more information on our services or to schedule a free, no-obligation consultation.