California sees a disproportionately high number of lane-splitting accidents compared to other parts of the country. Part of the reason is legal: lane splitting is permitted in California, unlike in many other states. Part of it is simply traffic — the dense congestion in cities such as San Diego, Los Angeles, Orange County, and the Inland Empire creates the kind of stop-and-go conditions where lane splitting becomes common. Major freeways like Interstate 5 and Interstate 10, with their multiple lanes and HOV lanes, frequently grind to a bumper-to-bumper crawl, and multi-lane surface streets — including popular riding routes like the PCH — see similarly heavy traffic during peak hours and weekends in coastal areas such as San Diego, Newport Beach, and Malibu. To avoid getting stuck in rush-hour traffic, motorcyclists often move between lanes of stopped or slow-moving vehicles. This can lead to collisions when a driver changes lanes without noticing an approaching motorcycle, sometimes leaving the rider with severe injuries or worse.
Unlike many other states that prohibit lane splitting outright, the California Vehicle Code contains no section that expressly bars motorcyclists from moving between lanes. In fact, official guidance from the California Department of Motor Vehicles and the California Highway Patrol confirms that "Lane splitting in a safe and prudent manner is not illegal in the state of California." California Vehicle Code (CVC) section 22400 also prohibits motor vehicles from driving at an unnecessarily slow speed or otherwise impeding the flow of traffic — a rule that can be read to prevent drivers from blocking a motorcyclist from proceeding through open space on the roadway. And CVC section 22517 makes it illegal to open or leave open a car door on the side facing moving traffic, which likewise bars drivers from intentionally or carelessly opening a door into the path of a lane-splitting motorcyclist.
That said, motorcyclists are still bound by the same lane-marking rules that apply to every other driver. These include CVC section 21460, which prohibits crossing double parallel solid yellow lines or certain dashed/solid line configurations, except when making a left turn at an intersection, turning into a driveway or private road, or completing a lawful U-turn; CVC section 21460.5, which limits use of a two-way left-turn lane to preparing for a left-hand turn; CVC section 21750, which requires a safe distance when passing another vehicle on the left; and CVC section 21754, which prohibits passing in the far right lane except under certain circumstances.
The California Highway Patrol (CHP) has issued guidelines with several recommendations for motorcyclists who split lanes on busy California freeways and surface streets, including the following:
Although lane splitting itself is not against California law, a motorcyclist can still be cited for reckless driving while doing it. California also follows a comparative fault system, meaning that liability for damages is divided proportionally among everyone involved in an accident. That doesn't excuse a driver from checking mirrors and using caution before changing lanes, but it does mean that splitting lanes imprudently can significantly reduce how much a rider recovers on a bodily injury claim. Speed is often the deciding factor in these crashes — a motorcyclist riding fast on a freeway or surface street has far less time to react when another vehicle suddenly changes direction. Our attorneys, who represent injured riders throughout California, advise motorcyclists to follow the CHP's guidelines and split lanes only at lower speeds, both to reduce the risk of serious injury or death and to strengthen their position if they later need to pursue a claim.
