Is Lane Splitting Legal in Texas?

Motorcycle riders often seek ways to navigate congested traffic more efficiently. One controversial technique is lane splitting. But is lane splitting legal in Texas? Let’s explore this topic and clear up some common misconceptions.

What is Lane Splitting?

Before we address its legality, let’s define lane splitting. Lane splitting is riding a motorcycle between slow-moving or stopped traffic lanes. Riders typically perform this maneuver on multilane roads, particularly in heavy traffic. The goal is for the motorcyclist to bypass traffic congestion that would not otherwise affect them, reducing their commute times and exposure to rear-end collisions.

Is Lane Splitting Legal in Texas?

For years, lane splitting existed in a gray area in Texas, neither explicitly legal nor explicitly illegal. The state closed that loophole in 2023 when it amended section 545.0605 of the Transportation Code. The law now includes the following provisions:

• Motorcyclists are entitled to the full use of a traffic lane, and no other driver may deprive them of that right.
• Motorcyclists may operate two abreast within a single traffic lane if they choose to.
• Motorcyclists may not ride more than two abreast in a single lane, operate their vehicles between lanes of traffic moving in the same direction, or pass another vehicle in the same lane.

So, in short: lane splitting is now illegal in Texas.

The Debate Surrounding Lane Splitting

The legality of lane splitting sparks heated debates among riders, drivers, and lawmakers. Proponents argue that lane splitting:

• Reduces traffic congestion
• Decreases motorcycle accidents, particularly rear-end collisions
• Saves fuel and reduces emissions by keeping motorcycles moving

Opponents, however, express concerns about:

• Increased risk of accidents due to unexpected motorcycle movements
• Difficulty for car drivers to see lane-splitting motorcyclists
• Potential road rage incidents between motorcyclists and car drivers

Staying Safe and Legal While Riding in Texas

Motorcyclists have several legal ways to keep themselves safe while sharing the road with other vehicles. Here are some tips for navigating traffic safely:

• Maintain a safe following distance from vehicles ahead.
• Stay visible by wearing bright or reflective gear.
• Use turn signals consistently to communicate your intentions.
• Avoid weaving between lanes, even in slow traffic.
• Be prepared for sudden stops or lane changes by other vehicles.

I Was Lane-Splitting When Another Driver Hit Me. Am I at Fault?

If you were involved in an accident while lane-splitting in Texas, it’s important to be aware that breaking the traffic code does not necessarily make you at fault for the accident. Furthermore, under Texas’s modified comparative negligence rule, you can still recover damages if you are found to be less than 51% at fault for the crash. However, if lane-splitting is determined to be a factor in the accident, insurers are likely to argue that this behavior constitutes a substantial portion of fault, potentially barring you from compensation. If this happens, be sure to contact an experienced Texas motorcycle accident lawyer immediately.