Lane-splitting is illegal under Georgia law. According to Ga. Code § 40-6-312, motorcyclists cannot pass automobiles or trucks in the same lane. The penalties for lane-splitting can include fines and points on your license.
Atlanta’s notorious traffic congestion might tempt motorcyclists to weave between lanes of slow-moving vehicles. However, this driving maneuver puts riders at risk and can complicate matters if you’re involved in a motorcycle accident and need to file a personal injury claim. This reason is one of many that make it important to understand Georgia’s lane-splitting laws if you are a motorcyclist who wants to ride safely and legally in the Peach State. Contact our Atlanta motorcycle accident lawyer today.
What Is Lane Splitting?
Lane splitting occurs when a motorcyclist rides between two lanes of traffic moving in the same direction, effectively creating their own lane by traveling on or near the white line dividing traffic lanes. Some motorcyclists ride between lanes in heavy traffic, rush hour congestion, or at stopped intersections when motorcyclists want to move ahead of stopped vehicles.
Many riders argue that lane splitting allows them to navigate through congested areas more efficiently and can potentially reduce their risk of a motorcycle crash, such as being rear-ended in stop-and-go traffic. However, the practice remains controversial due to safety concerns for both motorcyclists and other road users.
Why Is Lane Splitting Illegal in Georgia?
Georgia lawmakers have determined that the risks of lane splitting outweigh any potential benefits. The primary concerns include:
- Driver surprise — Motorists might not expect motorcycles to appear suddenly between lanes, potentially causing dangerous swerving reactions.
- Limited space — The narrow area between vehicles doesn’t provide adequate room for safe motorcycle operation or emergency maneuvers to avoid a motorcycle wreck.
- Reduced visibility — Drivers in cars and trucks have blind spots where lane-splitting motorcyclists might not be visible.
- Unpredictable traffic flow — Sudden lane changes by other vehicles can trap lane-splitting motorcyclists with little warning and cause a motorcycle crash.
California has legalized lane splitting under certain conditions. However, Georgia remains aligned with the majority of states that prohibit the practice. Section 40-6-312 of the Georgia Code states, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
What Is the Fine for Lane Splitting in Georgia?
The penalties for lane splitting under Georgia traffic laws typically include:
- Traffic citations with fines around $130–400, depending on the county and circumstances
- Driving record points, which can affect insurance rates
- Potential license suspension.
The administrative penalties pale in comparison to what can happen if you’re involved in an accident while lane splitting. In such cases, you might face:
- Increased liability for the accident
- Reduced ability to recover compensation for your injuries
- Potentially higher insurance rates after the incident
- Serious injury or worse due to your vulnerable position on the road.
What Is the Difference Between Lane Splitting, Lane Sharing, and Lane Filtering?
The following terms are often confused but refer to distinct practices with different legal statuses in Georgia:
- Lane splitting — Riding between lanes of traffic moving in the same direction (illegal in Georgia)
- Lane filtering — Moving between lanes of stopped or slow-moving traffic, typically at intersections or congested lanes (also illegal in Georgia)
- Lane sharing — Two motorcycles are allowed to ride side-by-side in the same lane (legal in Georgia).
It’s important to note that while two motorcyclists can legally share a single lane in Georgia, a motorcycle cannot share a lane with any other type of vehicle. The distinction is crucial because lane sharing between motorcycles is one of the few exceptions to Georgia’s strict lane-use regulations for motorcyclists.
Who Can Be Held Liable in a Georgia Lane Splitting Motorcycle Accident?
Liability can become a complex issue if you’re involved in an accident while lane splitting in Georgia. It helps to have a knowledgeable Atlanta motorcycle accident lawyer communicating with the insurance company on your behalf and advocating for you.
Georgia follows a modified comparative negligence rule, which means:
- You can recover compensation if you’re less than 50 percent responsible for the accident. Any compensation a court awards you will be reduced proportionately by your percentage of fault.
- If you are 50 percent or more at fault, then you may be eligible to recover compensation.
Lane splitting can significantly affect fault determination because:
- The illegal nature of lane splitting often results in partial fault being assigned to the motorcyclist.
- Insurance companies may use your lane splitting as evidence of negligence.
- Your percentage of fault might be higher than it would be if you weren’t lane splitting.
However, lane splitting doesn’t automatically make you fully liable for an accident. Other drivers may still bear responsibility if their actions contributed to the accident. For example, another driver may be primarily at fault if they were texting while driving, driving under the influence, or attempting improper lane changes into an occupied lane. You may still have the right to file an Atlanta motorcycle accident claim.
If you have been involved in a motorcycle accident with another vehicle while lane splitting, you can expect the other driver’s insurance company to argue you were the at-fault driver and deny your insurance claim. To have the best chance of a successful motorcycle accident claim, you will need an experienced motorcycle accident lawyer to gather evidence and demonstrate that the other driver bears the greater share of fault for your motorcycle accident injuries.
What Should I Do If I Have Been Involved in a Georgia Lane Filtering Accident?
If you’ve been involved in an accident while lane splitting or lane filtering in Georgia, you should take the following steps:
- Seek medical attention right away, even if your injuries seem minor, and keep copies of your medical records and medical bills.
- Report the accident to law enforcement.
- Document the accident scene with photos if possible.
- Collect contact information from witnesses.
- Do not admit fault or discuss details of the motorcycle crash with other parties.
- Do not provide recorded statements to insurance companies.
- Contact an Atlanta motorcycle accident attorney as soon as possible to discuss your legal options.
Get Help from an Experienced Georgia Motorcycle Accident Attorney
If you’ve suffered injuries in a motorcycle accident in Georgia, whether lane splitting was involved, the personal injury attorneys at Bayuk Pratt can help you evaluate the appropriate steps to help you move forward. You may be entitled to file a motorcycle accident claim with the liable insurance company and seek fair compensation for your medical expenses, lost wages, and non-economic damages such as pain and suffering.
As former defense attorneys who used to represent insurance companies, we understand how corporations try to avoid paying claims to motorcycle accident victims. Our insider perspective allows us to anticipate defense strategies and develop powerful counterarguments. To learn more about how we can help you, contact us today and receive a free consultation about your case.
