Is lane splitting legal in Texas? No, lane splitting is not legal in Texas. Even if you see a police officer lane splitting while on the job, that does not mean you are legally allowed to do the same maneuver.
If you are caught lane splitting, the fine will depend on the county in which it happened, since fines vary from county to county in Texas. Talk to an Arlington motorcycle accident lawyer today if you want to fight your ticket.
What is the Maneuver Known as Lane Splitting?
Lane splitting refers to a motorcycle riding between lanes of traffic that are going in the same direction, usually in congested conditions, like during rush hours. It is important to know that this is different from lane sharing, which is where two motorcycles ride side-by-side in the same lane. Lane sharing is legal in Texas, while lane splitting is not legal in Texas.
There is another term that sometimes gets used interchangeably with lane splitting, and that is lane filtering. Lane filtering refers to a motorcycle moving between vehicles at very low speeds in places like stoplights or in very slow-moving traffic. Interpretation of these can sometimes be subjective. Texas law does not provide statewide guidance, but lane filtering laws may vary from county to county.
Lane splitting is not exclusive to motorcycles, either. Vehicles like scooters and bicycles can lane split, lane filter, and lane share. Texas law specifically designates the lane splitting limitation for motorcycles, however. So, if you lane split on something that is not a motorcycle, lane splitting is technically legal in those cases in Texas. That does not mean that your local ordinances do not prohibit lane splitting, though.
What Texas Law Says About Lane Splitting
According to Texas Transportation Code § 545.0605, motorcycles may not lane split. This law was passed in H.B. No. 4122, which went into effect in September 2023. This law specifies motorcycles, which are defined as a motor vehicle other than a tractor or moped that is motorized and has three or fewer wheels on the ground during operations, according to Texas Transportation Code § 541.201.
So, if you are driving a vehicle that qualifies under that definition, you may be pulled over for a lane-splitting violation. It will be important to familiarize yourself with any local laws that extend this to actions like lane filtering, since these can look very similar. It may fall to a police officer’s discretion as to whether you have committed a traffic violation or not.
Since Texas says lane splitting is illegal, it can be an indicator of fault in an accident, just like many other traffic laws for motorcycles in Texas. If you were the motorcycle rider who lane-split when an accident happened, you could be pinned with the fault. If you were in another vehicle and were in an accident with a motorcyclist who was lane splitting, being able to prove that will help hold them accountable.
Arguments for Legalizing Lane Splitting
States like California have legalized lane splitting based on more than just the prevalence of the maneuver. The American Motorcyclist Association (AMA) endorses lane splitting as a practice to decrease a motorcyclist’s risk of being involved in accidents. This opinion is based on commonly cited studies like the Hurt Report, which was published in 1981.
Texas legislatures have tried to legalize lane splitting in certain circumstances, like in S.B. No. 442 and S.B. No. 288. None of those efforts have passed, however, leaving the law from 2023 in effect. The same text from S.B. No. 288 was even proposed again in 2019 as S.B. No. 273, which also failed. These have all provided provisions for lane splitting at speeds similar to the surrounding traffic.
As the law stands, your own view on lane splitting will not change an officer’s right to give you a citation for lane splitting or the fault of a lane-splitting motorcyclist involved in an accident. As your legal representative, we can fight to argue your case if you believe you had no other way to avoid harm to yourself, despite lane splitting being illegal in Texas, or that what you did was not actual lane splitting.
Is Lane Splitting Legal In Texas Despite the Risks?
Most roadways are designed with the intent of all vehicles behaving similarly, with minor adjustments to different types of vehicles. Additional laws, like motorcycle helmet laws, are in place to address uses of roadways that are not always intuitive or inherent in the roadway’s design. Advocates against lane splitting will often cite perceived risks of the maneuver:
- Driver unpredictability: Car drivers may not anticipate a motorcycle passing between lanes and could change lanes abruptly, open doors, or swerve/merge without warning, causing a crash.
- Limited space: In narrow lanes or during heavy congestion, there may not be enough room to safely navigate between vehicles, especially since roads may not have been designed with lane splitting or motorcycles in mind.
- Aggressive driver reactions: Some drivers, frustrated by traffic, may intentionally block motorcycles or react negatively to riders who lane split, potentially causing altercations.
- Legal consequences: In Texas, lane splitting can result in fines, citations, or even higher liability in the event of a crash.
While these risks may not outweigh the benefits in your view, it is important to know that lane splitting is illegal in Texas. Out-of-state residents riding motorcycles in Texas are subject to this law even if their home state says otherwise. Road design and driver behavior can differ greatly state-to-state, so some different laws may be better suited to different states.
Talk to a Legal Professional if Your Accident Involved Lane Splitting in Texas
Getting hit by a lane-splitting motorcyclist, or getting hit by another vehicle as a lane-splitting motorcyclist yourself, can present very different and unique legal challenges.
We cannot guarantee any certain outcome for your case, especially if the question of whether lane splitting is legal in Texas means you have the most fault in the case. Contact The Texas Law Dog today for a free consultation on your motorcycle case.
