If you ride a motorcycle in Washington, DC, you might have heard about lane splitting. Lane splitting happens when a motorcyclist drives between lanes of stopped or slow-moving cars, usually to get through traffic faster. Many riders want to know if lane splitting can help them beat congestion, stay safe from rear-end crashes, or even just get to their destination more quickly.
But with all these questions come concerns about getting a ticket or what could happen if lane splitting causes an accident. Knowing the law and what might happen after a crash can help riders make smart decisions and avoid legal trouble.
No Specific Laws Regarding Lane Splitting in Washington, DC
In Washington, DC, there aren’t any laws that specifically say lane splitting is illegal. But there also aren’t any laws that clearly say you can do it, either. This gray area can make it tough if there’s an accident or a dispute. Police, courts, and insurance companies will usually look at each case on its own, since they don’t have a clear law to follow. This uncertainty means riders should use extra caution and be ready to explain their actions if something goes wrong.
Lane Splitting Laws in Surrounding States
If you drive or ride a motorcycle around DC, you know stretches of your route often pass through Virginia or Maryland. That means knowing the laws from all three areas is important.
Maryland
Maryland law does not allow motorcyclists to split lanes.
(c) The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(d) A person may not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
If you ride between cars in the same lane or creep up between stopped vehicles at a light, you can get ticketed.
Virginia
Lane splitting is not allowed in Virginia. If a motorcyclist is spotted moving between cars in congested traffic or during a stop, they’re subject to a traffic citation, just as they would be in Maryland.
- 46.2-857. Driving two abreast in a single lane.
A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle.
Virginia’s laws consider each lane to be intended for the full use by a single vehicle, and only side-by-side motorcycle riding (riding two abreast within the same lane) is legal.
How Lane Splitting Impacts Personal Injury Claims in Washington DC and Neighboring States
If you’ve been in an accident while lane splitting, it’s important to understand how this will impact your case in either DC or surrounding states.
How Lane Splitting Impacts a Washington, DC, Injury Claim
Lane splitting is not clearly against the law in DC. This means that if you are doing it at the time of an accident, you might not break traffic laws just by splitting lanes.
Still, when law enforcement and insurance companies review what happened, they will consider whether your actions were reasonable and safe. DC uses something called modified comparative negligence when it comes to accidents involving motorcycle riders (“vulnerable road users”).
This means both you and the other driver will have your actions weighed and a percentage of fault will be determined for each. If the evidence shows you are less than 51% at fault, you can still get compensation for your injuries and damages.
If the other side proves that lane splitting played a role in causing the crash, the amount you receive will be lowered by the percentage of your fault.
Imagine you end up being 40% responsible because you were lane splitting and hit someone who was speeding or merged without a blinker. In this case, you can collect damages, but they will be reduced by 40%.
Lane Splitting in Maryland and Virginia
The situation changes if your accident happened in Maryland or Virginia. Both states say lane splitting is illegal, so this might put more blame on you for the accident. This would further reduce the amount of compensation you should expect to receive. This doesn’t mean you won’t receive anything, but the act of lane splitting might play a bigger role in these states than it does in Washington, DC.
If you were injured, what you did leading up to the accident is critical. Working with a personal injury lawyer can help you figure out the best course of action and what you should do to give yourself the best chance of recovering compensation for your injuries. Contact us today to schedule a free consultation with one of our motorcycle accident lawyers in DC.