Is Motorcycle Lane-Splitting Allowed in Texas?
Motorcycle lane-splitting is the practice of a rider moving in between a lane of stopped or relatively slow-moving traffic. While it is permissible in some jurisdictions, motorcycle lane-splitting is strictly illegal in Texas. Riders may not split lanes—even if traffic is stopped. Here, our Sugar Land motorcycle accident attorney provides a guide to motorcycle lane-splitting laws in Texas.
Know the Law: Motorcycle Lane Splitting is Prohibited in Texas
You cannot lawfully split lanes while riding a motorcycle in Texas. Under Texas Transportation Code 545.0605 (a)(3)(b&c), a rider may not “operate the motorcycle between lanes of traffic moving in the same direction.” There is no exception to this rule even if traffic is fully stopped. However, there is an exception for law enforcement officers.
Understanding Motorcycle Lane Splitting Crash Liability in Texas
What happens if you get into a crash while lane splitting on a motorcycle in Southeast Texas? The short answer is that you are automatically liable for an accident while lane splitting in Texas. With that being said, your violation of the law (Texas Transportation Code § 545.0605) can have a big impact on your personal injury case. The Texas modified comparative fault system may come into play and the insurance company could try to limit or even deny any financial compensation.
Under Texas Civil Practice and Remedies Code § 33.001, a party can recover damages only if their share of fault is 50 percent or less. If they are found 51 percent or more at fault, they are barred from recovery. If you are found responsible for a minority share of a motorcycle lane-splitting crash, your compensation will be reduced proportional to your degree of fault. For example, if you are 20 percent liable for your own crash, you will be responsible for 20 percent of your own damages.
The Bottom Line: Illegal lane splitting does not automatically equal full liability. It does, however, weigh heavily against the rider in a fault allocation. Every motorcycle crash in Southeast Texas should be carefully investigated by an experienced attorney.
Recovering the Maximum Financial Compensation as an Injured Rider
Hurt in a crash on a motorcycle? Whether it was a lane splitting accident or otherwise, it is imperative that you are able to secure the absolute maximum financial support. Do not rely on any insurance company to protect your rights. Along with other damages, recovery may include:
- Motorcycle repairs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
Contact Our Sugar Land Motorcycle Accident Lawyer Today
At Henrietta Ezeoke Law Firm, our Sugar Land motorcycle accident attorney fights aggressively for justice for injured riders. If you or your loved one was hurt in a lane-splitting crash, our team is here as a resource that you can trust. Give us a call now or contact us online for a free case review. We represent injured motorcyclists in Sugar Land and throughout Southeast Texas.
Source:
statutes.capitol.texas.gov/docs/tn/htm/tn.545.htm
