Photo of Motorcycle

Lane splitting is a common topic of debate among motorcyclists, law enforcement, and legislators today. This practice involves a motorcyclist riding between two lanes of slow-moving or stopped traffic, allowing them to pass other vehicles more efficiently during heavy traffic or congestion. 

While some states have allowed lane splitting under specific guidelines, lane splitting laws in Georgia prohibit this practice. You should get strong legal representation after a motorcycle accident to establish the liability of the at-fault driver and recover the highest compensation you deserve. 

What Is Lane Splitting?

Lane splitting refers to the practice of a motorcycle rider traveling between lanes of vehicles, usually when traffic is slow-moving or at a standstill. This differs from lane filtering, where a motorcycle moves to the front of the line of stopped cars at a red light or in heavy traffic. Both maneuvers aim to reduce congestion and minimize travel time for motorcyclists.

The potential benefits of lane splitting include increased traffic flow, reduced commute times, and a decrease in the likelihood of rear-end collisions, which can be more dangerous for motorcyclists due to their vulnerability compared to enclosed vehicles. However, lane splitting also raises safety concerns, particularly from those who argue that it creates confusion for other drivers and increases the risk of sideswipe collisions and other motorcycle accidents.

Is Lane Splitting Allowed in Georgia?

Lane splitting is illegal in Georgia. Under O.C.G.A. § 40-6-312, Georgia traffic laws state that motorcyclists must ride in a single lane and are prohibited from riding between lanes of traffic or between adjacent lines or rows of vehicles.

Rationale Behind Georgia’s Lane Splitting Law

Georgia’s lawmakers argue that lane splitting increases the likelihood of dangerous situations for motorcyclists and other road users, leading to lane splitting accidents.

  • Driver Confusion: One of the main concerns about lane splitting is that drivers in adjacent vehicles may not expect a motorcycle to pass them between lanes. This could result in sudden lane changes or movements that could endanger the motorcyclist.
  • Limited Space: The space between two lanes of traffic is often narrow, especially on Georgia’s highways and urban roads. This limited space means motorcyclists splitting lanes at higher speeds may struggle to avoid sudden obstacles or react to a car’s unexpected movements.
  • High-Speed Risks: While lane splitting is most commonly performed at low speeds during traffic congestion, Georgia lawmakers believe that motorcyclists may also attempt it at higher speeds, which can be hazardous in congested conditions, on curving roads, or in heavy rain.

Consequences of Lane Splitting in Georgia

Motorcyclists who engage in lane splitting in Georgia may face several legal and financial consequences:

  • Traffic Citations: If a motorcyclist is caught lane splitting, they can receive a citation, which may result in fines. The severity of the fine can vary depending on the circumstances of the offense.
  • Points on License: A lane splitting illegal action can lead to points on a motorcyclist’s driving record. Accumulating points on your driver’s license in Georgia can eventually lead to higher insurance rates and even license suspension if enough points are accrued.
  • Liability in Accidents: If a motorcyclist is involved in an accident while lane splitting, they may be at fault—either fully or partially. Georgia follows a modified comparative fault system, which means that if a motorcyclist is found to be 50% or more at fault for an accident, they cannot recover any compensation in a personal injury claim.

Arguments For and Against Lane Splitting in Georgia

While motorcycle lane splitting in Georgia remains a controversial practice, it is important to understand the arguments both for and against its legalization.

Motorcycle in rear view mirror

Arguments For Legalization

  • Increased Safety for Motorcyclists: Proponents argue that making motorcycle lane splitting legal reduces the risk of motorcyclists being rear-ended in stop-and-go traffic.
  • Reduced Traffic Congestion: Allowing a motorcycle driver to split lanes could potentially ease traffic congestion by freeing up space on the road and reducing bottlenecks.
  • Time Efficiency: Motorcyclists can navigate through traffic faster, leading to reduced travel times.

Arguments Against Legalization

  • Safety Concerns: Opponents believe that lane splitting creates a risk of side-swipe collisions, especially when other drivers are not accustomed to motorcycles passing between lanes.
  • Driver Confusion: In states where lane splitting is not widely practiced and same lane driving is common, drivers may not expect motorcycles to maneuver between lanes, leading to potentially dangerous situations.
  • Lack of Space: Narrow lanes and unpredictable traffic patterns in Georgia increase the risk of a lane splitting accident, especially at higher speeds or in areas with frequent lane changes.

Can an Injured Motorcyclist Found Lane Splitting Recover Damages in Georgia?

Even though lane filtering and lane splitting are both illegal in the state, it doesn’t mean a motorcyclist who was lane splitting is solely at fault for an accident. It’s possible for a Georgia motorcyclist who was injured while lane splitting to recover partial damages from a negligent driver—provided the motorcyclist’s fault is found to be less than 50%. 

Example Scenario

Mark Stevens, an experienced motorcyclist, was riding on a busy highway in Georgia, during rush hour. Traffic had slowed to a near standstill, and in an effort to avoid being rear-ended by a large SUV approaching quickly from behind, Mark began lane splitting between two lanes of cars. 

As he did so, Sarah Jones, the driver of a sedan, suddenly changed lanes without signaling or checking her blind spot. Her car sideswiped Mark’s motorcycle, causing him to lose control and crash into another vehicle. Mark sustained multiple injuries, including a broken leg, a dislocated shoulder, and severe road rash.

Police Findings

The police report indicated that Mark had been lane splitting at the time of the accident, which is illegal in Georgia. However, the report also noted that Sarah had failed to signal her lane change and did not check her blind spot before moving into the other lane. Both Mark and Sarah were deemed partially at fault for the accident.

Comparative Fault Ruling

Under Georgia’s modified comparative negligence rule, Mark could recover damages as long as he was found to be less than 50% at fault for the accident. After reviewing all the evidence and arguments presented by the attorneys on both sides, the court determined that Mark was 30% at fault for lane splitting, but Sarah was 70% at fault for making an unsafe lane change.

Damages Awarded

Mark’s total damages, which included medical bills, lost wages, and pain and suffering, amounted to $400,000. However, because he was found to be 30% at fault, his compensation was reduced by 30%. As a result, Mark was awarded $280,000 in damages.

How Our Georgia Motorcycle Accident Lawyers Prove Liability

At the Law Offices of Jorge Luis Flores, LLC, our experienced Georgia motorcycle accident lawyers will gather compelling evidence and present strategic arguments to establish the negligence of the other driver, even in situations where lane splitting may have been a factor.

  • Eyewitness Testimony: Eyewitnesses may testify that the other driver was speeding, making erratic lane changes, or not paying attention to their surroundings, thus contributing to the crash.
  • Accident Scene Photos and Videos: Photographs and videos of the accident scene, including vehicle damage, skid marks, and road conditions, can demonstrate how the other driver acted negligently. 
  • Surveillance Camera or Dash Cam Footage: If available, traffic or dash cam footage can provide clear evidence of the other driver’s unsafe driving behaviors, such as tailgating, failing to signal, or cutting off the motorcyclist. 
  • Police Report: The police report will document the official findings from the scene of the accident, which may indicate the other driver’s failure to yield, speeding, texting while driving, or other traffic violations. 
  • Expert Testimony: Accident reconstruction experts can analyze the crash and demonstrate that the other driver’s negligence was the primary cause of the accident, even if lane splitting occurred. 
  • Traffic Conditions and Road Design: If the road design or traffic congestion played a role in forcing the motorcyclist to lane split for safety reasons, this can be an important factor in reducing the comparative fault attributed to the motorcyclist.

Get Our Experienced Georgia Motorcycle Accident Attorneys on Your Side

If you or a loved one has been injured in a motorcycle accident in Georgia, don’t wait to get the aggressive legal representation you need to recover damages. At the Law Offices of Jorge Luis Flores, LLC, our experienced Georgia motorcycle accident attorneys are relentless in holding negligent drivers accountable and fighting for your maximum compensation. 

We will thoroughly investigate your case, gather evidence, and take on the insurance companies with skill and determination. To schedule your free consultation, call us 24/7 at (770) 405-1339 or contact us online