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If a negligent driver injures you while you are motorcycling in Georgetown or Austin, or if you become injured in an accident caused by a negligent motorcyclist, promptly contact a Georgetown motorcycle accident attorney to discuss your right to recover compensation.
Many serious motorcycle accidents in Texas involve lane-splitting. How is lane-splitting defined, and why is it so dangerous?
What is Lane-Splitting?
“Lane-splitting” is the term for a motorcyclist riding between moving or stopped traffic lanes. For many years, the legality of lane-splitting in Texas existed in a legal “gray area.” No explicit law permitted or outlawed the practice, creating confusion for motorcyclists and police officers.
Texas resolved this ambiguity in 2023 when Governor Greg Abbott signed legislation that made lane-splitting illegal. With a specific exception for police officers on duty, Texas law now prohibits a motorcyclist from:
- Operating a motorcycle between lanes of traffic moving in the same direction.
- Passing a motor vehicle while in the same lane as that vehicle.
How is Lane-Splitting Different from Other Motorcycling Maneuvers?
While lane-splitting is illegal, the law permits lane sharing (two motorcycles riding in the same lane) if both riders agree to it and do not impede the traffic flow.
Lane “filtering” refers to a motorcyclist moving between stopped or very slow-moving traffic lanes, such as at a stoplight. Since 2023, lane-splitting and lane filtering have been illegal in Texas.
Why is Lane-Splitting Illegal?
The arguments against lane-splitting address these safety and enforcement concerns:
- Driver awareness and reaction: Motorists may change lanes without checking blind spots, open doors in stopped traffic, or merge unexpectedly, creating a risk for a lane-splitting motorcyclist.
- Reduced visibility: Heavy rain, slick roads, and strong crosswinds may pose additional hazards that make lane-splitting dangerous.
- Law enforcement and traffic management: Prohibiting lane-splitting allows law enforcement to better monitor for traffic violations and maintain a more consistent traffic flow.
What Are the Penalties for Lane-Splitting?
A motorcyclist caught lane-splitting in Texas faces a ticket and a $175 to $250 fine. Violations involving careless behavior could lead to a reckless driving charge, which carries more severe penalties, including potential jail time.
A lane-splitting violation can also have long-term consequences for a motorcyclist’s driving record and insurance. Repeat offenses may lead to a driver’s license suspension, and any traffic offense may result in increased insurance premiums.
How is Liability Handled in Accidents Caused by Lane-Splitting?
When a motorcyclist is involved in a collision while lane-splitting, the illegal nature of lane-splitting may be used against the motorcyclist to assign a percentage of fault.
Texas handles traffic accidents using a “modified comparative negligence” system with a 51 percent bar. Injured parties can recover damages from at-fault parties if the injured party’s fault in the accident is 50 percent or less.
For example, if a motorcyclist suffers $100,000 in damages but is found 30 percent at fault for the crash due to lane-splitting, the motorcyclist can recover only $70,000. If a motorcyclist’s fault is 51 percent or greater, the motorcyclist cannot recover compensation.
The Role of Lane-Splitting in Determining Fault
Lane-splitting is evidence of negligence in a motorcycle accident. Insurance companies and opposing lawyers will argue that the lane-splitting was a direct contributing factor, making it difficult for the motorcyclist to receive fair compensation.
Whether you ride a motorcycle or drive an automobile in Georgetown or Austin, if you become injured in a lane-splitting accident, you must be advised and represented by a Georgetown motorcycle accident lawyer and contact that lawyer immediately.
Texas law will be on your side if your lawyer can prove you weren’t at fault. Your lawyer will examine witness statements, medical records, the police report, and any photos or videos of the accident. Your attorney will attempt to settle your personal injury claim out of court.
When Do Accident Cases Go to Trial?
If no reasonable settlement offer is forthcoming, or if liability for the accident is in dispute, your Georgetown motorcycle accident attorney will take the case to trial and explain to jurors how you were injured and why they should order the at-fault motorist to compensate you.
In Texas, the damages that injured victims of negligence may recover include compensation for:
- current and projected future medical treatment and care
- lost wages and projected future lost wages
- personal pain and suffering
- related losses and damages
When Should You Call a Motorcycle Accident Lawyer?
You have two years from the date you become injured to take legal action after a motorcycle accident in Texas, with rare exceptions. It’s best to speak with a Georgetown motorcycle accident lawyer immediately after a medical professional examines and treats you.
But do not wait two years. Over time, evidence is often altered, lost, or contaminated. Your lawyer needs to examine fresh evidence and speak to witnesses before their recollections fade.
What Will Justice Cost?
If a lane-splitting motorcyclist injures you, or if you’re a motorcyclist and a negligent car or truck driver injures you, it costs nothing to learn more about your rights.
An Austin-area motorcycle accident attorney will handle your case on a contingent fee basis. Your first consultation is free, and you’ll pay no lawyer’s fee until and unless your lawyer wins your compensation with a private settlement or a jury verdict.
But with so many lawyers in Georgetown and Austin, who can you trust with your personal injury case?
Let Lonestar Legal Fight for the Justice and Compensation You Need
A motorcyclist has the same rights as every other motorist in Texas, but lane-splitting is not among those rights. It’s dangerous and illegal. If you become injured because of lane-splitting, you will need experienced legal help.
The award-winning Georgetown personal injury attorneys at Lonestar Legal have considerable experience resolving the most complicated personal injury claims. We combine our faith in Christ with the boldness that Texas is famous for. We will fight for you as if you were family.
If you are injured anywhere in the Austin area in a motorcycle accident that involved lane-splitting, or to learn more about your rights as an injured victim of negligence, contact Lonestar Legal immediately by calling our Georgetown offices at 737-234-8831.
