Yes. Lane splitting is legal in California. Vehicle Code section 21658.1, in effect since January 1, 2017, defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The law sets no speed limit for lane splitting, but riders and drivers must still use reasonable care, and fault after a crash depends on what each person did.
This guide explains what the law says, what the research shows about speed and injury, which rules apply to drivers, and how fault is decided after a lane-splitting crash.
Hurt in a lane-splitting crash? Call Deldar Legal at (844) 335-3271 for a free case review.
Is lane splitting legal in California?
Yes. The California Highway Patrol states that lane splitting by motorcyclists is legal in California. The governing statute, Vehicle Code section 21658.1, does two things: it defines lane splitting, and it allows the CHP to publish educational safety guidelines. It does not list conditions a rider must meet, and it does not set a speed limit.
Under the statutory definition, lane splitting has three elements:
- The motorcycle has two wheels in contact with the ground. A three-wheeled motorcycle falls outside the definition.
- The rider travels between rows of stopped or moving vehicles in the same lane.
- The riding takes place on a divided or undivided street, road, or highway.
What changed on January 1, 2017?
Before 2017, the Vehicle Code did not mention lane splitting. The practice was generally treated as legal because no statute prohibited it, but the law gave riders and drivers no definition to work from.
Assembly Bill 51, signed on August 19, 2016, added section 21658.1. As first introduced in December 2014, the bill would have allowed lane splitting only when traffic was moving 35 mph or slower and the motorcycle was going no more than 10 mph faster than traffic. Those limits were removed before the bill passed. The final law defines the practice and leaves speed to the general rules that apply to every vehicle.
Lane splitting, lane filtering, and riding the shoulder
“Lane filtering” usually refers to moving between stopped vehicles, often to reach the front of a line at a red light. California’s statute does not use that term. Its definition covers riding between stopped vehicles and between moving vehicles.
Riding on the shoulder is a different matter. The CHP states that riding on the shoulder is illegal and is not lane splitting.
Is there a speed limit for lane splitting?
No statute sets a lane-splitting speed limit. The “10 mph faster than traffic” figure that circulates online appeared in the original draft of AB 51, but it did not survive into the final law.
Riders are still bound by California’s basic speed law, Vehicle Code section 22350, which prohibits driving faster than is reasonable or prudent given the weather, visibility, traffic, and the surface and width of the road. A rider who splits lanes at an unsafe speed can be cited, and that speed can become evidence in a fault dispute.
What the research shows about speed and injury
A 2015 study by UC Berkeley’s Safe Transportation Research & Education Center, funded through a California Office of Traffic Safety grant, examined 5,969 motorcyclists involved in crashes investigated by the CHP between June 2012 and August 2013. Of those riders, 997 (17%) were lane splitting when they crashed.
| Outcome among crash-involved riders | Lane splitting | Not lane splitting |
|---|---|---|
| Head injury | 9% | 17% |
| Torso injury | 19% | 29% |
| Fatal injury | 1.2% | 3.0% |
| Rider rear-ended another vehicle | 38% | 16% |
The researchers concluded that lane splitting appeared relatively safe when traffic was moving at 50 mph or less and the rider was going no more than 15 mph faster than surrounding traffic. Above a 15 mph speed difference, the likelihood of each type of injury they measured increased.
Two limits on these findings matter. First, the study looked only at riders who had already crashed, so it cannot show whether lane splitting makes a crash more or less likely. Second, lane-splitting riders were more than twice as likely to have rear-ended another vehicle, a point an insurer may raise when arguing that a rider was following too closely or moving too fast.
What CHP guidance tells riders and drivers
The CHP’s lane-splitting safety tips are educational rather than binding law. They warn that lane splitting should not be performed by inexperienced riders. For riders, the CHP advises:
- Consider the total environment, including lane width, the size of surrounding vehicles, and road, weather, and lighting conditions.
- Recognize that danger increases as overall speed and speed differential increase.
- Split between the far-left lanes when possible, which the CHP describes as typically safer than other lanes.
- Avoid splitting next to big rigs, buses, motorhomes, and other large vehicles.
- Stay out of other vehicles’ blind spots and avoid lingering between vehicles.
- Wear brightly colored or reflective gear and use high beams during daylight.
For drivers, the CHP states:
- Intentionally blocking or impeding a motorcyclist in a way that could cause harm is illegal.
- Opening a vehicle door to impede a motorcyclist is illegal.
- Drivers in the far-left lane should move to the left side of their lane to give motorcyclists room to pass.
- All motorists should check mirrors and blind spots and signal before changing lanes or turning.
Because this guidance describes careful conduct, it can help show what a reasonable rider or driver would have done in the moments before a crash.
Who is at fault in a lane-splitting accident?
The fact that lane splitting is legal does not prove the rider was careful, and it does not excuse a driver who moved into the rider’s path. Fault depends on what each person did in the seconds before the collision.
Drivers have their own legal duties. On roads with two or more marked lanes in the same direction, Vehicle Code section 21658(a) prohibits moving out of a lane until the move can be made with reasonable safety. A driver who changes lanes without checking for a motorcycle may be found negligent even though the rider was lane splitting. Riders, in turn, are held to the basic speed law and to the same standard of reasonable care as everyone else.
Common lane-splitting crash scenarios
- A driver changes lanes into the rider in slow traffic. The key questions are whether the driver signaled and checked mirrors, and whether the motorcycle was visible long enough for the driver to see it.
- A door opens in stopped traffic. The CHP states that opening a door to impede a motorcyclist is illegal. Even when the opening was not intentional, investigators will ask whether the person looked before opening it.
- A driver drifts or swerves to block the rider. Intentionally blocking a motorcyclist in a way that could cause harm is illegal, according to the CHP. Video and witness accounts are often the best evidence of intent.
- The rider splits at a high speed or a large speed difference. The basic speed law and the Berkeley speed data are likely to be central to the dispute.
- The rider rear-ends a car that stops or merges. Following distance, speed, and whether the car’s movement was sudden or signaled will matter.
These scenarios describe the questions that usually arise. The evidence in each case, not the category, decides the outcome.
California’s pure comparative fault rule
California follows pure comparative fault, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. An injured person’s compensation is reduced by their share of fault, but it is not barred. If a rider is found 25% responsible, for example, the rider’s damages are reduced by 25%.
This is why the percentage of fault, rather than the label “lane splitting,” is usually what a claim turns on.
What to do after a lane-splitting crash
- Get medical care. Call 911 if anyone is hurt, and see a healthcare provider even if your injuries seem minor, since some symptoms appear later. If the crash caused a brain injury or another catastrophic injury, follow-up and diagnostic records are especially important.
- Report the crash. Ask for police or CHP assistance and get the report number. Stick to what you know and avoid guessing about speed, lane position, or fault.
- Document the scene. If it is safe, photograph or have someone else photograph the vehicle positions, damage, debris, lane markings, lane width, traffic conditions, lighting, weather, and any large vehicles nearby.
- Find witnesses and video. Get names and contact information from witnesses. Look for dashcams, traffic cameras, and nearby businesses or homes with cameras. Footage may be overwritten within days, so act quickly.
- Preserve the motorcycle and your gear. Do not repair the motorcycle or throw away your helmet, jacket, gloves, or boots until they have been photographed and evaluated. Their condition can help show how the impact happened.
- Track your losses. Keep records of appointments, bills, prescriptions, missed work, and travel for treatment.
- Be careful with insurers. Give the basic information your policy requires, but do not give a recorded statement about speed or fault, and do not sign a release, until you understand what it covers.
Filing deadlines
Most California personal injury lawsuits must be filed within two years of the injury under Code of Civil Procedure section 335.1. If a government agency may be responsible, such as for a dangerous road condition or a crash with a city or state vehicle, a written claim generally must be presented within six months under Government Code section 911.2. Exceptions can shorten or extend these periods, so have a lawyer confirm your deadline soon after the crash.
How Deldar Legal handles lane-splitting claims
An insurer may point to lane splitting as a reason to deny or reduce a claim. Deldar Legal investigates California motorcycle accident claims by reconstructing the full sequence of events: where each vehicle was, what each person could see, how fast traffic and the motorcycle were moving, and what changed in the final seconds. When the facts call for it, that can include accident reconstruction and visibility analysis.
We also look at every party who may share responsibility, including commercial drivers and their employers, vehicle owners, manufacturers, road contractors, and public entities. We prepare cases for trial from the start, even when settlement is possible, and we handle insurer communications so you can focus on recovery. You can learn more about our attorneys or request a free consultation.
Frequently asked questions
Is lane splitting legal in California?
Yes. Vehicle Code section 21658.1 defines lane splitting, and the CHP confirms it is legal. Legality does not decide who is at fault after a crash.
Is lane splitting legal in Los Angeles?
Yes. Under Vehicle Code section 21, the Vehicle Code applies uniformly throughout California, and cities and counties cannot enact their own rules on matters it covers unless the code expressly allows it. Lane splitting is treated the same way in Los Angeles as anywhere else in the state.
Is there a speed limit for lane splitting in California?
No specific limit exists. Riders must follow the basic speed law, which prohibits driving faster than is safe for conditions. Research from UC Berkeley found that injury risk rose when riders went more than 15 mph faster than surrounding traffic.
Can I lane split on the shoulder?
No. The CHP states that riding on the shoulder is illegal and is not considered lane splitting.
Do drivers have to make room for lane splitters?
The CHP advises drivers in the far-left lane to move to the left side of their lane to give motorcyclists room. Separately, intentionally blocking or impeding a motorcyclist in a way that could cause harm is illegal.
Can I recover compensation if I was partly at fault?
Often, yes. California’s pure comparative fault rule reduces your compensation by your share of fault rather than barring recovery.
How long do I have to file a claim?
Most personal injury lawsuits must be filed within two years, and claims against government agencies generally must be presented within six months. Exceptions apply, so have a lawyer review your specific deadline.
This article provides general information, not legal advice. Every case depends on its facts and the applicable law. Past results do not guarantee similar outcomes.
Talk to a motorcycle accident lawyer
Lane-splitting cases turn on details: traffic speed, visibility, lane changes, and what each person did before impact. A focused review can help preserve evidence and clarify your next steps. Call Deldar Legal at (844) 335-3271 or request a free consultation.