This week Colorado Governor Polis signed a new piece of legislation legalizing motorcycle lane splitting (also sometimes known as lane filtering) on highways under specific conditions. Motorcycle lane splitting is the practice of motorcyclists riding between lanes of stopped or slowed traffic traveling in the same direction. The new law, SB24-079, goes into effect on August 7 with potential safety benefits and risks. As motorcycle accident lawyers, we understand both sides of the safety effects to motorcyclists, drivers and other roadway users with legalized lane splitting. In this post we will discuss the new law, how we got here, safety practices and what to do if you are involved in an accident with a lane splitting motorcycle.
What is motorcycle lane splitting?
Motorcycle lane splitting is a practice where motorcyclists ride between lanes of slow-moving or stationary vehicles on multi-lane roads. This maneuver allows motorcyclists to bypass traffic congestion and reach their destination more quickly. Lane splitting allows motorcycles to take advantage of open routes in congested traffic, reducing the number of motor vehicles on the road and the risk of rear-end accidents involving motorcycles. Lane splitting is also sometimes referred to as:
- Lane filtering
- White-lining
- Stripe-riding
This maneuver is hotly contested across the nation. Proponents of lane splitting argue that it reduces traffic congestion, decreases the risk of rear-end collisions for motorcyclists, and promotes fuel efficiency. Additionally, it allows motorcyclists to escape dangerous situations by maneuvering between lanes. Opponents of lane splitting highlight safety concerns, including the risk of accidents due to limited space between vehicles, decreased visibility, and drivers’ lack of awareness. Furthermore, lane splitting may lead to road rage incidents and conflicts between motorcyclists and other road users. Presently, very few states allow riders to execute this procedure and the minority permitting it under their traffic laws regulate the conditions when it is legal. In addition to the new Colorado law, only California, Utah, Montana and Arizona have legalized the practice to date.
What is the new Colorado Law for lane splitting motorcycles?
Governor Polis signed legislation authorizing lane splitting in Colorado with specific conditions. Of the handful of states legalizing the practice, Colorado’s statute is among the more restrictive. According to one of the bill’s co-sponsors, the bill was introduced as a safety measure to reduce accidents and benefit riders stuck in summer heat in stopped highway traffic. SB24-079 found success this legislative session after a prior bill authorizing a study by the Colorado DOT and Colorado State Police failed to make it out of committee in 2023.
The statute takes effect on August 7, 2024 and expires September 1, 2027. During the three year period, the Colorado Department of Transportation will study the effects of the law to allow the legislature to consider permanent changes to the Traffic Code. Currently, Colorado does not permit lane splitting on any roadways in the state. That will remain the enforceable law until August 7. Riders should avoid the practice beforehand, as they can still receive citations and may be liable for auto accidents caused by lane splitting.
When is lane splitting legal under the new Colorado law?
Beginning August 7, 2024, motorcycle riders may lane split under these specific conditions:
- The motor vehicles overtaken by the motorcycle is at a stop (traffic is at a standstill)
- The motorcycle is moving 15 mph or less
- Conditions (visibility, weather, road conditions) permit prudent motorcycle operation while lane splitting
- The lanes are wide enough to allow the motorcycle to safely pass other vehicles
Lane splitting is not legal under the new statute when:
- Your vehicle is a three wheeled motorcycle, has a sidecar, or a trailer attached
- Traveling into a lane of traffic moving in the opposite direction (no lane splitting yellow dividing lines)
- On the right shoulder of the roadway
- On the edge of the rightmost lane unless the roadway is a limited access highway
- Once other vehicles begin moving, the motorcycle must stop lane splitting and merge back into the moving lane
Keep in mind that all other traffic laws for motorcycle operation remain the same. For example, the new statute does not authorize travel in the left shoulder or passing on the left of other vehicles.
Lane splitting in Colorado and the wide lane requirement
The new Colorado lane splitting law introduces ambiguity into when a motorcycle rider can safely pass between lanes of stopped traffic. The new section of Colorado Revised Statutes 42-4-1503(3)(b)(I)(C) only legally permits lane splitting when the lanes are wide enough that the other motor vehicles have left enough space for the motorcycle to safely travel between them. This provision has the effect of making every instance of lane splitting a unique event that could be legal or illegal.
Motorcycles vary in size both width and length. More narrow bikes, like sport bikes and smaller standard bikes, will have more freedom due to their ability to maneuver through more narrow spaces. Larger cruising bikes will have fewer opportunities due to their larger width. The question for cyclists is not just can the motorcycle fit in the space, but can it do so safely. A rider weaving between vehicles and narrowly dodging side mirrors may fall outside of the legality of the new law.
The roadway is also going to be a concern for riders. Many freeways and highways in Colorado do not have wide lanes, especially for semi-trucks and other large vehicles common to our roads. Add in large pickup trucks and SUVs and roads can quickly become too narrow for lane splitting.
Motorcyclists lane splitting should consider their safety the first priority and defer lane splitting any time the road conditions are not safe for the practice for their specific bike.
Lane splitting best practices
Lane splitting is considered a safe practice by many studies around the world; however, riders must take caution of road conditions and the drivers around them. The rider has the best opportunity to assess the situation and use best practices to minimize the risk of harm to themselves and their bike. Consider these best practices once lane splitting becomes legal in Colorado:
- Know the Laws: Before attempting to lane split, familiarize yourself with the laws and regulations in your area. Lane splitting is legal in some places, while in others it may be illegal or not explicitly addressed. Always adhere to local traffic laws to avoid fines or legal repercussions.
- Assess Traffic Conditions: Before initiating a lane-splitting maneuver, carefully evaluate the traffic conditions. Lane splitting is safest when traffic is moving at a slow or standstill pace, such as during congestion or at traffic lights. Avoid lane splitting at high speeds or in heavy, fast-moving traffic.
- Maintain Awareness: Constantly scan your surroundings and maintain awareness of vehicles in adjacent lanes. Look for any potential hazards such as sudden lane changes, opening car doors, or debris on the road. Use your mirrors and perform shoulder checks regularly to stay informed of your surroundings.
- Ride Defensively: Adopt a defensive riding posture while lane splitting. Assume that other drivers may not see you and be prepared to react quickly to any sudden movements or lane changes by other vehicles. Anticipate potential hazards and always have an escape route in mind.
- Maintain a Safe Distance: Leave a sufficient gap between your motorcycle and adjacent vehicles while lane splitting. This provides you with space to maneuver and reduces the risk of collisions. Avoid riding too close to vehicles or passing in narrow gaps where there is little room for error.
- Use Turn Signals: Signal your intentions to other road users by using your motorcycle’s turn signals. Indicate your intention to change lanes or pass slower-moving vehicles to improve visibility and reduce the likelihood of surprises for other drivers.
- Be Predictable: Maintain a steady and predictable course while lane splitting. Avoid sudden or erratic movements that may startle other drivers or lead to misunderstandings. Smooth and controlled riding enhances safety for both you and other road users.
- Be Considerate: Show courtesy and consideration to other road users while lane splitting. Avoid aggressive or confrontational behavior, and yield to larger vehicles whenever necessary. Remember that lane splitting is a privilege, not a right, and should be performed responsibly.
Who is liable in an auto accident with a lane splitting motorcycle?
Although lane splitting reduces the risk of rear-end accidents to motorcyclists, it creates new risks of accidents including side-swipes, collisions while merging and crashes at intersections with crossing pedestrians, bikes and other slower traffic. An increased risk of car accidents while lane splitting will occur with legalization due to drivers who are unfamiliar with the law or practice. Drivers suddenly lurching into another lane in stop and go traffic are a particular danger to lane splitting motorcycles. Riders should use extreme caution in the first year of the law.
Liability for a collision involving a lane splitting motorcycle in Colorado will depend upon many facts and factors involved in the crash. Auto drivers may be liable for a collision caused by weaving or changing lanes in front of a lane splitting vehicle. Motorcyclists can also be responsible for colliding with other vehicles (or pedestrians) as well as making unsafe mergers into traffic as it begins to move. Additionally, both parties to a collision may share liability under the state’s comparative negligence law.
An important concern we have is the lack of specific instruction on what steps both motorcyclists and drivers must take as traffic begins to move while a rider splits lanes. The bill instructs riders to stop splitting lanes as other vehicles begin to move which requires the rider to merge back into the lane. The language of the statute seems to require the rider to merge behind moving vehicles. It does not indicate if drivers have any responsibility to yield moving to the rider or if the rider must yield to all other vehicles as they begin moving. This creates a real risk of collision as the rider attempts to merge. A collision in this scenario invites the argument that the rider is liable for riding beyond the point conditions made it safe to do so.
Motorcycle riders often face insurance companies and juries who are biased against them. The lane splitting law is unlikely to help with that situation. Riders should opt to split lanes with caution and use conservative judgment to merge back into traffic well before it appears even possible for traffic to begin moving. As personal injury lawyers we have seen this bias first hand and believe every motorcycle crash involving lane splitting will be an uphill battle for the rider even if the driver is clearly at fault.
Get help from our experienced motorcycle accident attorneys
At Front Range Injury Attorneys, our lawyers have represented thousands of clients in auto accidents involving motorcycles and other vehicles. We understand that the aftermath of an accident is incredibly challenging and having knowledgeable and experienced advocates on your side can help you focus on taking care of yourself. You can count on our attorneys to guide you through every step of the process and fight for you to get full and fair compensation for your injuries and losses. Contact our law firm today to learn more about how we can help you in your time of need.
