Lane splitting is a little like speeding. If a motorcycle rider thinks they can do it safely and get to their destination a little faster, they’ll often take the chance.
But is it legal?
What are the lane splitting laws in Texas? Should lane splitting be legal?
As Austin’s top motorcycle lawyer, I want to talk to you about whether or not motorcycles can split lanes. As it turns out, a new law, HB-4122, addresses whether or not lane splitting is legal in Texas. But first, let’s be clear on some concepts.
What Is Lane Splitting?
Motorcycles are easy to maneuver through traffic. Riders may be tempted to zig and zag between cars to split lanes to get ahead of stalled traffic.
Lane splitting is when a motorcyclist rides between lanes of traffic. Some riders also call it white lining, stripe-riding, and lane filtering. Technically, lane filtering is a bit different, as you can see in the video below:
It’s common practice across Europe and Asia, but in the United States it is only legal in a limited number of states.
Pros and Cons of Lane Splitting in Texas
There are some good arguments in favor of lane splitting.
As a practical matter, lane splitting means fewer vehicles and less traffic congestion during Austin’s notorious rush hour.
And from an environmental perspective, lane splitting can help reduce idling emissions.
The most important issue, of course, is the safety of everyone out on the road. Lane splitting advocates point out that the practice may prevent a motorcyclist from becoming a target in the event of an accident, particularly rear end accidents. In fact, California, which permits lane splitting, has fewer fatalities from rear end collisions per registered motorcycle than many other states.
So does lane splitting keep motorcyclists safer?
Opponents of lane splitting say too many motorcyclists are already dying, and allowing lane splitting would keep those numbers rising. Even at low lane splitting speeds, bikers are exposed to dangers, including:
- Unexpected door openings
- Sudden lane changes from other vehicles
- Reduced visibility around large trucks
- Impacts with turning vehicles
- Confrontations about lane splitting between drivers and motorcyclists have led to road rage incidents.
In my opinion, the greater the speed differential between a lane splitting motorcyclist and nearby cars, the greater the danger.
What Do Texas Motorcycle Laws on Lane Splitting Say?
In effect as of last September, HB-4122 states that lane splitting and lane filtering are now illegal for motorcycles riding in Austin and around Texas.
NOTE: The law does make an exception to allow two motorcycles to ride side-by-side in the same lane. There is also an exception for police officers performing official duties. View HB-4122 here.
Before this law, it was not clear whether motorcycle lane splitting and lane filtering were legal or illegal. Also, before HB-4122, Texas Transportation Code 545.060 already stated that a motorcyclist cannot overtake and pass in the same lane occupied by the vehicle being overtaken. We have to stay within our designated lanes and we can’t pass other vehicles in the same lane.
While this code does not directly address lane splitting, it can be interpreted as applicable to this practice since the motorcycle is technically passing other vehicles in the same lane. Therefore, based on these existing regulations, lane splitting could already be considered illegal in Texas.
But now it’s official.
State Representative Ryan Guillen introduced HB-4122 and the state House and the state Senate signed in May 2023. Governor Abbot signed the bill into law on June 12, 2023.
Penalties for Lane Splitting in Texas
If you engage in lane splitting, your chances of punishment may depend on how you did it. Did you do it in a safe manner or were you speeding and acting recklessly? In addition, whether you face consequences from law enforcement may depend on how a nearby officer views the practice.
However, in Texas, it is officially illegal to split lanes, and doing so can result in the following:
- Tickets and fines
- Points added to your license
- Reduced chance of being compensated for your injuries if lane splitting causes an accident
Conclusion: Ride Safe, and Call Funk If You’re In An Accident
If you or someone you love has been in a motorcycle accident and was seriously injured, the motorcycle attorneys of Funk and Associates can help.
A settlement is the quickest way to get the money that you need to regain control of your life. That’s why our motorcycle accident lawyers negotiate aggressively on behalf of our clients for a settlement that reflects the severity of your injuries.
Unfortunately in some instances, an insurance company will simply refuse to do what is right. Our attorneys are prepared to go to court to seek justice and we are confident of our litigation skills.
It is important to account for future medical costs and lost income in addition to current medical bills when preparing a claim for compensation. We’ll determine estimates of your future treatment needs and living expenses because of the injury.
Perhaps most importantly, if you’re involved in an accident while lane splitting, can you still get paid for your injuries? Even when an accident results from the other driver’s fault, the act of lane splitting can be used against you to reduce the compensation you receive, if any.
We’re here to answer your questions based on our extensive experience as motorcycle accident lawyers. If you or your loved one has been injured in a motorcycle crash caused by someone else, request a free consultation to speak with our attorneys.
