Lane splitting is a controversial practice in motorcycling. While it is lawful in some jurisdictions, most notably in California, motorcycle lane splitting is prohibited by Georgia law. A violation of motorcycle lane splitting can result in a fine in our state. Furthermore, your case could be affected if you are involved in a crash while lane splitting. In this article, our Georgia motorcycle accident lawyer provides a comprehensive overview of lane splitting laws in our state.
What is Motorcycle Lane Splitting?
As explained by the American Motorcycle Association, motorcycle lane splitting is a practice that occurs when a rider (motorcyclist) travels between lanes of stopped or slower-moving traffic, or maneuvers between lanes to reach the front of traffic stopped at a traffic light. For seemingly obvious reasons, this maneuver can be advantageous for motorcyclists as it allows them to navigate through traffic more efficiently. However, motorcycle lane splitting also carries some significant risks, as it can surprise drivers who may not be expecting a motorcycle to pass in such close proximity.
Georgia Law Prohibits Lane Splitting By Motorcycles
Can you lawfully lane split while riding a motorcycle in Georgia? The short answer is “no”—it is a practice that is prohibited by state law. Under O.C.G.A. § 40-6-312, motorcycle lane splitting is now allowed. As stated clearly within the statute, “no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” Along the same lines, Georgia law also holds that motorcycle riders should not “overtake and pass in the same lane occupied by the vehicle being overtaken.” A motorcycle who violates the lane splitting statute could be fined. Depending on the situation, they could also face additional sanctions. In some cases, allegations of lane splitting may even be used by Georgia police to support a criminal reckless driving charge. Perhaps even more importantly, lane splitting could have a big effect on a personal injury claim.
Georgia is a Comparative Negligence State for Motorcycle Accidents
If you were involved in a motorcycle crash while lane splitting in Georgia, here’s the first thing you need to know: You still have the right to bring a personal injury claim. Despite motorcycle lane splitting being strictly prohibited under Georgia law, it does not completely prevent you from taking legal action after an accident. Georgia operates as a comparative negligence state for motor vehicle collisions, including motorcycle accidents (O.C.G.A. § 51-12-33), meaning all motorists are liable for their share of the crash.
Consider an example where a motorcyclist was lane splitting on a highway outside of Atlanta, an act prohibited in Georgia. Simultaneously, the motorcyclist was hit by a distracted driver whose car changed lanes without signaling. Even though the driver clearly violated a traffic rule, the motorcyclist’s decision to lane split could be considered a contributing factor to the accident, and the parties may share fault for the motorcycle crash.
Assume the court determines that the motorcyclist was 30 percent at fault for the accident due to lane splitting. The court determines that the distracted driver was 70 percent at fault for failure to focus on the road and not signaling. If the motorcyclist’s damages total $100,000, they would only be able to recover $70,000. Georgia’s comparative negligence law reduces the damages by their percentage of fault. Every motorcycle crash requires a comprehensive investigation.
The Bottom Line:
Motorcycle lane splitting is a prohibited practice in Georgia. A motorcyclist who engages in lane splitting can be pulled over and issued a traffic citation. If lane splitting is deemed a factor in a crash, a motorcyclist may be partially or fully liable for the accident. However, lane splitting, on its own, is not a total bar to recovery. A motorcyclist injured in a lane splitting crash may still be entitled to recover compensation under Georgia’s comparative negligence laws.
Set Up a Free Case Review With a Georgia Motorcycle Crash Attorney Today
At Lawbike Motorcycle Injury Lawyers, we specialize in motorcycle accident injury claims. If you or your loved one was involved in a motorcycle collision that included lane-splitting, we are more than ready to help protect your rights. Call us at 1-866-529-2453 or contact us online for a no-cost, no-obligation case review. We handle motorcycle accident injury claims throughout all of Georgia, including Atlanta, Macon, Augusta, and Savannah.