Lane-Splitting and Motorcycle Safety: What’s Legal in North Carolina?

Traffic is backed up on I-40. Drivers are getting annoyed, getting closer and closer together as they take whatever space they can on the road. A motorcyclist zips past rows of vehicles, riding on the dotted line dividing the lanes. This is a common sight in some states, but in North Carolina, this maneuver is generally treated as a violation.

Known as lane-splitting, this driving maneuver is considered very controversial. Advocates say it helps motorcyclists avoid getting hit in bumper-to-bumper traffic, and critics say that it makes the road more dangerous for everyone. Wherever you stand on this debate, it’s important to know that lane-splitting is not permitted in North Carolina.

If you’ve been injured in a motorcycle accident in North Carolina, learn more about how lane-splitting and other driving maneuvers could affect your claim. Call Price, Petho & Associates to discuss your case with our motorcycle accident attorneys during a free consultation.

What is lane-splitting?

Lane-splitting is the act of a motorcyclist riding between lanes of traffic that are moving in the same direction. You’ll see it most commonly in congested conditions when motorcycles use lane-splitting to pass slower vehicles. A related maneuver is lane-sharing, which involves two motorcycles riding side by side in the same lane. This is legal in North Carolina, as the law specifies that no more than two motorcycles shall ride side by side in one lane of traffic. Filtering is the practice of riding between lanes of stopped or slow traffic to get to an intersection. This, like lane-splitting, is not generally permitted in North Carolina.

North Carolina laws on lane-splitting

Some states have specific laws allowing or prohibiting lane-splitting; North Carolina is not one of them. While North Carolina doesn’t specifically address lane-splitting for motorcycles, state law does say that a vehicle shall be driven within a single lane and cannot be moved from that lane until it is safe to do so. Since lane-splitting does not keep your vehicle within a lane of traffic, it is widely accepted to be prohibited under North Carolina law.

If a rider is caught lane-splitting, a number of things could happen. They may be cited and fined for improper lane usage. As a result, they may get points on their driving record. This gets them one step closer to losing their license—and it may also have a negative impact on their insurance rates.

While some motorcyclists may disagree, state legislators believe that all vehicles should move predictably within their lanes to reduce the risk of collisions.

Safety risks of lane-splitting

Critics of lane-splitting note that even if this maneuver is legal, it carries avoidable risks. Motorcyclists are already some of the most vulnerable road users in the United States, and lane-splitting may increase their risk of injury even more. Some of the key dangers include:

• Limited space to maneuver: There is little to no room for error when a motorcyclist is lane-splitting. Veering a tiny bit too much to the left or right could mean hitting the car next to it.
• Driver inattention: Drivers are watching the people behind, in front of, and next to them—they aren’t expecting a motorcyclist to zip by just inches from their car. This could put riders at risk of being hit by drivers.
• Highway speeds: Lane-splitting, as we said, leaves little room for error. This is even more true when you add in highway speeds. At high speeds, a small miscalculation could lead to a fatal accident.
• Lane changes for drivers: Drivers stuck in stop-and-go traffic often change lanes to try to get to a lane they assume is moving more quickly. They are likely not looking for motorcyclists traveling outside of traffic lanes, increasing the risk of a collision.

How lane-splitting affects compensation after a motorcycle accident

The consequences of lane-splitting can go far beyond tickets and driver’s license points. Lane-splitting may prohibit you from recovering compensation after an accident. North Carolina follows the strictest liability standards in the country. As a contributory negligence state, North Carolina bars accident victims from recovering compensation if they are even partially at fault for the collision. Many states still allow victims to recover compensation, but reduce the amount they receive proportionately to their share of blame. But in North Carolina, if you are even 1% at fault, you receive nothing (subject to exceptions like the last-clear-chance doctrine or where the defendant acted with gross negligence or willful/wanton conduct).

This is a serious issue for lane-splitting accidents. If you’re cited for improper lane usage, that could be a sign that you contributed to the crash. The other party’s insurance company will likely jump on that and use it to their advantage, as they know that taking your case to court may result in you receiving nothing. This puts you in a tough spot for negotiations.

This doesn’t mean that your case is automatically hopeless. Even if lane-splitting was a factor in your accident, it’s still worth talking to an attorney to see if you have a case.

Safer alternatives for motorcyclists

While lane-splitting may seem like a convenient way to save time when traffic is sluggish, consider the potential fallout if you are involved in a crash. Instead, plan ahead for heavy traffic times and plan alternate routes or travel times. Stay squarely within your lane while riding to stay visible to drivers and avoid their blind spots. Watch other drivers’ behavior carefully and be ready to take evasive action if a driver attempts to merge into your lane without seeing you.

Protect yourself after a motorcycle accident with Price, Petho & Associates

If you’ve suffered injuries in a North Carolina motorcycle accident, we’re here to help you pursue compensation. Schedule your free consultation now by calling us or reaching out online.