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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Lane Splitting and Motorcycle Accident Claims

United States (federal and general)Last reviewed 18 September 2026

Lane splitting, riding between lanes of moving traffic, is legal only in California, while a few states allow limited lane filtering between slow or stopped traffic. Where it is illegal, riders can be blamed for a crash, and where it is legal, riders must still do it safely, so fault turns on speed, conditions and each driver's conduct.

Where It Is Legal

Direct Answer: California is the only state that broadly allows lane splitting, and it has been allowed since 2016, while Utah, Arizona, Montana and a small number of other states allow lane filtering, moving between stopped or slow traffic, under specific conditions.

Elsewhere there is usually no specific law, and lane splitting can be treated as unsafe or improper lane use. Rules on speed, traffic speed and conditions differ, so check the state where the crash happened.

How It Affects Fault

Insurers and defendants often argue that a rider who was lane splitting caused or contributed to the crash. Even where it is legal, riders must do it safely, for example at a limited speed difference, and drivers who change lanes without checking mirrors and blind spots, or who open doors into traffic, can be liable. Comparative-fault rules decide how blame is shared.

Evidence

Helmet or dash cameras, traffic camera footage, witness statements, the positions of the vehicles and the speed of traffic help establish what happened. Photographs of the scene, and preserving the motorcycle for inspection, are important.

Frequently Asked Questions

Is lane splitting legal?

Only in California, broadly, and in limited lane-filtering form in a few other states such as Utah, Arizona and Montana. Elsewhere it is generally not permitted or is unregulated.

What is the difference between lane splitting and lane filtering?

Lane splitting is riding between lanes of moving traffic, while lane filtering is moving between stopped or slow traffic, often at limited speeds, where states permit it.

Am I at fault if I was lane splitting?

Not automatically. Fault depends on whether it was lawful and done safely, and on the driver's conduct. It may reduce compensation under comparative fault.

Can a driver be liable if they changed lanes without looking?

Yes. A driver who fails to check mirrors and blind spots before changing lanes can be negligent, and a rider does not lose the claim just because they were between lanes.

What evidence helps?

Camera footage, witness statements, the vehicles' positions and photographs, plus the motorcycle itself for inspection.

Can I get a motorcycle accident lawyer without paying upfront?

Usually, yes. Personal injury attorneys typically work on contingency, being paid a percentage of the recovery only if the case succeeds, with the percentage and the treatment of case costs set out in a written agreement. Ask whether costs are deducted before or after the fee is calculated, and read the agreement before you sign.

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Statute of Limitations

Filing deadlines by state, and the shorter one for government claims

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. IIHS — Motorcycles

    Insurance Institute for Highway Safety data on motorcycle safety and helmet laws. As of April 2026, 17 states and DC have universal helmet laws, 30 states require helmets only for some riders, and Illinois, Iowa and New Hampshire have no helmet requirement.

  4. Cornell LII Wex — Comparative negligence

    Overview only. The controlling rule is each state's own statute or case law — pure comparative fault, modified comparative fault with a 50% or 51% bar, or (in a handful of jurisdictions) pure contributory negligence.

  5. Cornell LII Wex — Contributory negligence

    Alabama, Maryland, North Carolina, Virginia and (for most claims) the District of Columbia bar recovery entirely if the claimant was even slightly at fault.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.