Is lane splitting legal in North Carolina? North Carolina does not have a specific law prohibiting lane splitting, but it does have laws requiring motorists to stay within one lane.
Lane splitting is a controversial practice, and there are serious potential physical, legal, and financial consequences when it contributes to your accident. A Charlotte motorcycle accident lawyer can help protect your rights.
Understanding Lane Splitting
When motorcyclists ride between two lanes of traffic, they are “lane splitting.” Other names for this mode of operation are “white lining” and “stripe-riding.”
Another term, “lane filtering,” applies to motorcyclists driving between slow-moving or stopped lanes of traffic. Riders may engage in lane filtering at stoplights, so they are first to move when the light turns green.
Some motorcyclists and even some state governments support lane splitting. They claim that when practiced responsibly, lane splitting can help prevent rear-end collisions in heavy traffic and reduce other accidents by taking motorcyclists out of stop-and-go traffic lines. Some argue it improves traffic congestion.
Lane splitting is not legal in North Carolina. Law enforcement can issue motorcyclists traffic violation citations for engaging in lane splitting. The violation could be for reckless or aggressive driving, or for failure to stay in the lane, for example.
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Lane Splitting Legal Status in North Carolina
The North Carolina General Statutes (GS) do not specifically identify “lane splitting” as an illegal driving behavior. However, (G.S.) 20-146 states, “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
By riding between lanes instead of staying within a single lane, riders violate the statute. Even when traffic conditions make lane splitting tempting, it is best to avoid the practice and follow all motorcycle safety tips to stay on the right side of the law.
The Dangers of Lane Splitting
Lane splitting can also result in accidents caused by negligence and lead to personal injury claims. When lane splitting, motorcyclists ride very close to other vehicles, potentially increasing the chance of collision. The other drivers don’t expect to have another vehicle ride so closely and approach unexpectedly. Sudden reactions could lead to a crash.
The motorcyclist is also less visible and has less time to react if other motorists make an unexpected maneuver. Crashes can cause serious physical injury and property damage to all involved, but especially bikers, who lack external protection. Lane splitting may be considered negligent behavior, which can expose a motorcyclist to liability.
Even if the motorcyclist is the injured party, and another motorist’s negligence also contributed to the crash, North Carolina’s system of contributory negligence could leave both parties without a path to compensation. This system emphasizes the important relationship between accident reconstruction and personal injury claims and why having an attorney with connections to reconstruction experts is critical.
Lane Splitting and Personal Injury Claims
According to the North Carolina Department of Insurance (DOI), “After an Accident,” the State “bars a driver from collecting damages if determined to be partially at fault.” For example, a truck or car driver could be distracted, fail to notice a lane-splitting motorcyclist coming alongside, change lanes, and ultimately cause a crash.
In this scenario, both sides carry some negligence. Though the truck or car driver’s action may be “more” dangerous, the motorcyclists could still be assigned blame for lane splitting and lose the opportunity to pursue compensation. Lane splitting in North Carolina is not only illegal and potentially injurious, but it could also lead to steep financial loss.
Still, if you are hurt in a lane-splitting accident and the other side fights against your claim with a contributory negligence argument, don’t assume all hope is lost.
he North Carolina courts recognize the “last clear chance” doctrine, and this defense may apply to your claim.
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Lane Sharing vs. Lane Splitting
The terms sound similar, but “lane splitting” and “lane sharing” are two different practices. Lane sharing involves two motorcycles riding side-by-side within one lane. While lane splitting is not legal in North Carolina, State law does not deem lane sharing unlawful.
According to North Carolina GS 20-146.1, “all motorcyclists are entitled to the full use of a lane.” Other motorists cannot deny motorcyclists this space. The law also states, “Motorcycles should not be operated more than two beside one another in a single lane.” Two riders can ride abreast within a lane, per the statute.
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Steps to Take After an Accident Involving Lane Splitting
After a lane-splitting accident, get medical care. Even if you don’t need emergency transportation to a hospital, see a doctor within hours of the incident.
Your physical health is paramount, and immediate treatment protects you from a worsened condition or from injury effects that may not be apparent right away. Fast care also supports your possible injury claim.
When you speak to others involved in the crash, do not admit fault or speculate on the cause of the accident. Exchange contact and insurance information.
Should the other side’s insurance company reach out with questions, refer them to your attorney. Remember that any assignment of fault can cost you compensation, so the other side will work hard to get you to implicate yourself.
Record contact details from witnesses and take photos and video of the accident scene, documenting as much as you can. Then, reach out to a motorcycle accident lawyer in North Carolina.
Whether you are a motorcyclist or another driver, the legality of lane splitting in North Carolina could affect your claim outcome. An experienced attorney will fight to protect that outcome.
Get the Answers and Solutions You Need
Shane Smith Law is here to answer your questions about lane splitting in North Carolina and any others you have. We’re also here if you have been hurt in a lane-splitting crash.
Our team will help you find the medical care you need and take care of all the legalities of your claim. In pain? Call Shane! We are on your side and ready to get to work.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
