Where Is Lane Splitting Legal?

Lane splitting, or lane sharing, is when a motorcyclist rides between two marked lanes of slow or stopped traffic. Though common, it remains controversial among drivers and policymakers.

Currently, there is only one state in the United States where lane splitting is legal. California passed Assembly Bill 51 in 2017, allowing motorcyclists to split lanes at no more than 10 mph above the speed of traffic. Other states are still considering legalizing lane splitting.

However, several states have proposed legislation to make lane splitting legal or have legalized other types of maneuvers.

Is Lane Splitting Legal in Chicago?

No. Lane splitting is illegal for motorcyclists in Chicago and across Illinois. The Illinois Vehicle Code prohibits riding between two lanes of moving vehicles, regardless of road type or traffic conditions.

States with No Lane Splitting Laws

The majority of states in the U.S. have laws that prohibit lane splitting with a few that don’t have laws on the books about it. This means that while the law doesn’t mention lane splitting, and it may not be technically illegal, it is also not explicitly allowed. Here are the states that don’t have specific laws about lane splitting:

• Arkansas
• Kentucky
• Mississippi
• Missouri
• Montana
• North Carolina
• Ohio
• Oklahoma

What If I Am Stopped in a State Without Lane Splitting Laws?

Even where lane splitting isn’t banned, the highway patrol can decide if your behavior is dangerous. This means you could still get a ticket even if your state has no law against it.

What Is the Difference Between Lane Sharing, Lane Filtering, Lane Splitting, and Shoulder Surfing?

Although the terms “lane sharing,” “lane filtering,” “lane splitting,” and “shoulder surfing” are often used interchangeably, there are differences among them, and states treat them in various ways.

Lane Sharing

This is when more than one vehicle attempts to fit in the same lane.

Lane Splitting

Lane splitting occurs when a motorcyclist passes between two moving vehicles while they are all going in the same direction.

Lane Filtering

Riding a motorcycle between slow or stationary traffic or alongside moving vehicles on the road’s left side is called lane filtering.

Shoulder Surfing

Shoulder surfing in Hawaii allows riders to pass stopped traffic by using the road shoulder.

Where Are Lane Splitting, Shoulder Surfing, and Lane Filtering Legal?

Why Do Motorcycles Split Lanes?

Motorcyclists lane split to avoid traffic congestion, pass slow-moving traffic, avoid hazards, or find open traffic lanes. While it can be helpful, riders need to be cautious—even in places where it’s legal—because it comes with risks.

The Dangers of Lane Splitting

Lane splitting is dangerous because it puts riders too close to cars and trucks, increasing the risk of accidents. It also makes it harder for drivers to see motorcycles and react in time to avoid collisions. In addition, lane splitting can confuse other drivers, leading to accidents.

Examples of Motorcycle Lane Splitting Accidents

Some common examples where lane splitting can lead to an accident for the motorcycle rider include:

• A rider attempts to pass between traffic and a parked car. They are doored and thrown from their bike.
• A rider passes between two vehicles. A vehicle ahead of them suddenly changes lanes, leading to a collision.
• A driver ahead of the lane-splitting motorcyclist taps on their brakes, which causes the rider to lose control and crash.
• A motorcyclist lane splitting in slow traffic crashes while swerving to avoid a car that unexpectedly changes lanes.

Who Is Liable for an Accident Involving Lane Splitting?

In the event of an accident involving lane splitting, liability can be difficult to determine. Depending on the circumstances, as long as you are not more than 50% responsible for the accident, you may be eligible for compensation.

What Is My Lane Splitting Case Worth?

A motorcycle accident lawyer assesses the value of a case by considering:

• Medical bills: compensation can include current and future treatment costs.
• Lost wages: if you miss work due to injuries, you can receive compensation for lost income.
• Pain and suffering: you can recover damages for the physical pain you experience.
• Motorcycle damage: the cost of repairing or replacing your vehicle is factored into a settlement.

What Is the Penalty for Lane Splitting in Illinois?

Nowhere in Illinois is lane splitting legal, and splitting lanes can result in fines and points on your license for improper lane usage.

Petty Traffic Violation Penalties

If lane splitting is the only violation, and it is not combined with speeding for example, the ticket may be for a petty traffic violation and cost anywhere between $1-$1000.

Misdemeanor Penalties

If a rider is cited for improper lane usage along with a Class A misdemeanor offense, such as a DUI or driving over 35 mph above the speed limit, the penalty can be up to one year in prison and/or a maximum fine of $2,500. The fines get more and more severe for Class B and Class C misdemeanors.

Do I Need an Attorney for a Motorcycle Accident Involving Lane Splitting?

If you were in a motorcycle accident and believe lane splitting was a factor, it’s important to consult an experienced motorcycle accident attorney. They can review your case and help determine if you may be eligible for compensation. Additionally, having an attorney on your side can make the legal process easier to navigate and increase your chances of receiving fair compensation for your injuries and damages. Overall, it is always best to seek legal counsel in any situation involving injuries caused by negligent or reckless driving.

Riding a Motorcycle Safely

The Center for Disease Control and Prevention (CDC) recommends:

• Wearing a DOT-compliant helmet and other protective gear, such as gloves, jackets, and boots
• Obeying all traffic laws and being aware of your surroundings at all times
• Avoiding motorcycle rides in inclement weather if possible
• Taking a riding safety course and obtaining the correct M-Class or L-Class license
• Making sure your motorcycle is in good working order before each ride

What to Do If You’ve Been Injured

If you have been injured in a motorcycle accident, seek medical attention immediately. Depending on the severity of your injuries, you may be able to gather evidence or speak with witnesses at the scene. It is also important to document any damages and keep track of medical bills and lost wages for potential compensation. Finally, consult with an experienced personal injury attorney for guidance on next steps and legal options.