Driving can be a difficult activity that could result in a catastrophic accident for either you or another driver at any moment. It is up to the drivers on the road to do their part in reducing the possibility of accidents by following basic road safety and state driving laws. Lane splitting is an activity that often results in sudden, traumatic injury for the drivers involved. You may be wondering: Is lane splitting legal in North Carolina? The answer may surprise you.
Lane splitting is not legal in the state. Motorcyclists have to follow the same traffic laws as every other driver in the state. This includes staying in a single lane of traffic, using appropriate signals, and merging lanes safely. The act of lane splitting is often used by motorcyclists to avoid traffic. Essentially, it occurs when a motorcycle rides between slower-moving or completely stopped cars, bypassing traffic entirely.
Lane splitting is very dangerous and can result in damage to your vehicle or even a full-blown crash. It is often done out of pure convenience, as nobody enjoys sitting through traffic. However, some motorcyclists argue that lane splitting is actually safer, as it reduces the risk of a rear-end collision amidst stop-and-go traffic while also allowing motorcyclists to be on their way quicker. Reporting an accident is a must under state law.
Lane splitting may be a somewhat common practice among motorcyclists, but it can be shocking for drivers in other vehicles to see a motorcycle appear beside them as it bobs and weaves through traffic. It is important to recognize the inherent dangers of lane splitting and what could possibly happen if something were to go wrong:
No, it is not legal for motorcycles to lane split in North Carolina. The practice of lane splitting is illegal under state traffic laws. Every motorcycle on the road is expected to adhere to those traffic laws, and that includes not engaging in lane splitting under any circumstance. If you are pulled over for lane splitting, you could be given a fine or even be charged with reckless driving.
As of 2024, the only state that allows lane splitting is California. However, several other states have legalized lane filtering, which is lane splitting, but when cars are totally stopped. Those states are Arizona, Colorado, Hawaii, Montana, and Utah. In every other state, lane splitting and lane filtering are either totally illegal, up to the discretion of local law, or being considered.
The main difference between lane splitting and lane filtering is the speed of the cars involved. Essentially, lane splitting occurs when the cars are moving, and lane filtering occurs when the cars are stationary. In both situations, the motorcycle is still weaving through traffic and possibly creating more potential for accidents. Both practices are still illegal in most states.
It depends. North Carolina is a contributory negligence state, which means that if the insurance company can find you even a little bit at fault for the accident, you may not be able to seek compensation. If the insurance adjuster discovers that you caused the accident by lane splitting, there is a very good chance your claim will be totally denied. A motorcycle accident lawyer may be able to help you figure out how to challenge that denial.
Lane splitting is still illegal, so engaging in that behavior can be risky and dangerous and could result in a bad accident. If you are found to be at fault for that accident due to lane splitting, it could be difficult to challenge the claim. However, an experienced motorcycle lawyer can help you figure out a strategy to try and receive compensatory damages from the accident.
The legal team at Ganly & Ramer, P.L.L.C., understands the kind of legal help you may need in this trying time, and we are prepared to offer it to you. We can help you develop your case, build a strategy, and represent your interests against insurance companies who may try to guilt or intimidate you into giving up. Contact us to schedule a consultation as soon as you can.
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