What is Lane Splitting?
Lane splitting is most often described as the practice of a motorcyclist driving in between two lanes of traffic in order to pass. It typically occurs when traffic is backed up on the highway or congested at a red light, allowing a motorcyclist to filter past the long line of stopped or slow-moving cars. This practice has become increasingly common , as it helps to relieve the strain on traffic systems and offers a safe way for motorcyclists to manage driving in congested conditions.
Lane splitting is so popular because it helps motorcyclists to navigate through stop-and-go traffic and avoid having to pull over to the side in order to let larger vehicles pass. In addition, lane splitting helps to increase the level of safety for individual motorcyclists, as it allows them to get around vehicles that may pose an unnecessary risk. Overall, lane splitting is a road practice that has expanded widely in use because of its advantages to both motorcyclists and other road users, even if it is rarely acknowledged as such.
Existing Washington Lane Splitting Law
Washington state remains in the minority when it comes to lane splitting. Unlike some of its neighbors to the south, Washington doesn’t have any "informal" policies about lane splitting. In fact, there is no specific statute or regulation addressing lane splitting. This doesn’t mean that lane splitting is legal in Washington—it’s just not illegal in the way that similar practices appear to be in California.
Lane splitting in Seattle, Tacoma, or anywhere else in Washington can actually constitute dangerous driving under state law and be punishable as reckless driving or negligent driving. Although lane splitting arguably isn’t illegal in Washington, any instance where a driver causes injury or property damage while lane splitting could expose them to civil and criminal liability.
Ultimately, there are no laws of any kind establishing lane splitting as a legal driving practice in Washington, which means that lane splitting in Seattle, Tacoma, or anywhere else in Washington is technically illegal. While most motorcycle riders drive carefully and don’t cause accidents while lane splitting, there is no statute in Washington that would prevent them from facing a motor vehicle violation or criminal charges for their actions.
Lane Splitting Laws in Other Parts of the Country
Although Washington is one of the few states that has yet to pass lane splitting legislation, motorcyclists in the state should still be aware of how other states handle the issue. The majority – 41 – do not allow lane splitting under any circumstances, making Washington a more favorable place for motorcyclists.
Interestingly, the handful of states that do allow it have significantly different views on the practice. Of the four that do, two of them have passed laws that allow lane splitting for motorcycles above specified speed thresholds, while the other two have enacted laws that basically remove most restrictions for motorcyclists.
For instance, California has largely embraced the practice: motorcyclists are allowed to lane split or "share the lane" as long as they abide by a few guidelines. They cannot sit between lanes in traffic, and must come to a complete stop if there is an emergency vehicle in front of them with lights flashing. Beyond that, they must keep their speed at no more than 15 miles per hour, and can only lane split when traffic is moving under 30 miles per hour.
Tennessee’s lane splitting law is similar to California’s in that it allows lane splitting on the carrier’s part, but Tennessee places another added restriction: as per state statute 55-8-146, motorcyclists must have their headlights on if they wish to lane split. This draws an even tighter legal distinction since lane splitting is not allowed at all without them.
One of the more controversial states is Texas, which has no law whatsoever about the practice. This is a grey area where motorcyclists and their personal injury lawyers are left to handle liability issues on a case-by-case basis. Under Texas Transportation Code section 545.060, motorcyclists may not "ride between lanes of traffic or two or more vehicles in adjacent lanes," which creates a murky picture at best. Attorneys point to the reasons for the law’s introduction back in 1997, when motorcyclists were almost exclusively in the responsible lane splitting group, as opposed to the frequently reckless characterizations of the practice today. In fact, some legislators have called for an update to the statute, but to this date, nothing has been done.
The state of Florida, at least, has made an effort to clarify its position. That state’s lane splitting law requires motorcyclists to cross lanes "only for the purpose of carrying a passenger." In other words, lane splitting is completely legal, but only so long as you only attempt it when you are carrying a passenger on your motorcycle. In this way, the state attempts to ease traffic congestion by encouraging motorcyclists to carry more people.
Only time will tell if Washington can spring toward the front of the lane splitting debate.
Safety Concerns Surrounding Lane Splitting
As an attorney representing injured motorcyclists, the safety of the lane splitting law would be a welcome addition to Washington statute. Proponents of the law point to a California study that found lane splitting has little to no effect on accident rates. In fact, the motorcycle accident fatality rate in California is among the lowest in the United States. There are many reasons for this such as California’s temperate climate and the undulating topography that is supposed to be very inviting for riders.
Research has suggested that lane splitting can actually improve motorcycle safety in certain situations. The National Highway Traffic Safety Administration published a report in 1995, explaining that lane splitting could be particularly advantageous when traffic is stop-and-go or heavy, noting that "motorcycles are about 30 times more likely to be in a fatal crash in stop-and-go traffic than in continuous moving traffic," because it gives riders an escape route from an unpredictable driver in a car. A 2012 study at the University of California, Berkeley supports this notion. The authors of the study reported that risk was reduced by 28 percent when motorcycles were allowed to operate between lanes.
One of the concerns that has been raised regarding lane splitting is whether motorcyclists will put themselves at an increased risk of injury when passing vehicles or trucks on the roadway’s edge. The Berkeley researchers concluded that lane splitting did not increase the risk of injury even when passing large vehicles like trucks.
Other concerns have been raised about lane splitting disturbing people in surrounding cars or trucks, which could lead to dangerous road rage incidents. Studies done in California have found that while lane splitting is largely tolerated by drivers, rudeness or disrespect by riders is not, and is sometimes accompanied by retaliatory measures. Of the 6,754 California motorcycle accidents between 1998 and 2009, only 2.3 percent involved other vehicles striking a motorcycles during a lane splitting incident.
Public Support for Lane Splitting
Public opinion on lane splitting remains sharply divided, with a longer argumentative history boiling down to a simple dichotomy: in favor of lane splitting versus against it. The anti-splitting faction cites safety issues and the discriminatory nature of singling out elective motorcycle traffic for safety measures that apply to all vehicles, which have their own dangers. When motorcycles are excluded from alleviating congestion by driving in high-occupant vehicle lanes, the perception is that motorcycles are unsafe, undesirable, or both.
The pro-lane splitting groups cite the benefits of reduced congestion, enhanced safety through greater awareness of motorcyclists, and, ultimately, reduced congestion. With many motorcyclists forced to ride in a tight pack of rush hour commuters, the potential for more frequent collisions increases over what already is an unsafe environment for the two-wheelers. As a proactive, sensible measure, lane splitting would allow motorcycles to split lanes and keep everyone moving, safely.
A survey published by the Washington State Traffic Safety Commission in 2009 found a slight majority of respondents in favor of lane splitting. 55 percent of the 177 motorcyclists surveyed said traffic should be allowed to lane split, while 45 percent opposed the practice. However, statewide surveys on lane splitting in Washington have rarely included serious public input. As such , the majority of information on lane splitting stems from the ad hoc lanesplitter communities that have developed piecemeal over the past quarter century.
Today, there are two major political lobbying groups in Washington—all over the United States—advocating for lane splitting. One is called Lane Split Washington, which was founded in 2012. The other is Lane Split Washington State, which is a non-profit that was founded in 2013. Members of the Washington Motorcycle Safety Program, however, initiated the lane splitting-lobbying movement long before that, in 2006. The group urged lawmakers at the time to create a lane splitting statute, only to see it wither under the media-eye of the emergency responders union who claim acknowledging motorcycles on the road will only enflame the gas-tank fire of an already dangerous statewide transportation system.
Both groups continue to meet in the Northwest, from Bellingham to Spokane. There have been rallies in Olympia, with riders meeting to demonstrate public support for lane splitting. Both groups heavily support WAC 204-13 to make lane splitting a state-mandated procedure. While the State Legislature has yet to respond to either lobbyist group’s demands, public opinion is undeniably shifting in favor of motorcycling—and lane splitting in general.
Lane Splitting and the Legislature
Proponents and opponents of lane splitting have taken the debate to the Washington state legislature, where a bill was recently introduced to legalize it statewide. The bill, HB 1833, was sponsored by Rep. David Sawyer (D) in January 2015. If passed, it would amend the existing lane-splitting statute to permit the practice under certain conditions.
SB 5884 was also introduced in January 2015, and like HB 1833, it would carve out an exemption to the existing lane splitting statute if the rider is making "reasonable progress between lanes of traffic which are stopped and not moving." Like HB 1833, it only exempts such lane splitting from prosecution under the state’s failure to yield the right-of-way statute.
The proposed bills did not advance past the committee stage. However, Governor Jay Inslee signed SHB 1061 into law in April 2015, which requires the Washington Traffic Safety Commission to conduct a study of motorcycle lane splitting and submit a report on best safety practices for motorcyclists who wish to lane split.
Washington is one of four U.S. states that explicitly prohibits lane splitting, along with Texas, Utah and Alaska. While the WHPAC is recommending that Gov. Inslee permit lane splitting in Washington, similar recommendations in other states have been met with a mixed bag of results. In Utah, for example, lawmakers rejected a recommendation from the Utah Department of Public Safety and the Utah Highway Patrol to consider legalizing lane splitting.
Ways to Stay Safe When Lane Splitting
Given Washington’s current stance on lane splitting, motorcyclists should consider some of the following tips to navigate through traffic legally and safe:
Tip 1: Use traditional motorcycle safety cues when traveling through lanes. Consider your likelihood of being rear-ended. Leave some space in front of you so if you’re stopped you can safely react.
Tip 2: Where possible, avoid interacting with vehicles in adjacent lanes using your lane position and speed. Select a speed that will distance you from groups of vehicles in adjacent lanes .
Tip 3: Use horn and headlight signals to warn drivers of your presence in traffic.
Tip 4: Do not cut in front of vehicles to get around a double-parked vehicle. If you absolutely must split traffic in this situation pick a lane with sufficient space before attempting to pass.
Tip 5: Only filter forward at red lights when the space is available. Many riders report filtering only to be met with aggressive driving behavior from another driver, which can be dangerous.