Lane splitting is neither explicitly legal nor illegal in Ohio, which creates a legal gray area. While the law doesn’t directly prohibit the practice, motorcyclists may still be ticketed if law enforcement views it as unsafe or reckless driving.
However, this ambiguity doesn’t grant lane-splitting motorcyclists a get-out-of-jail-free card. If you engage in this practice, you can still be pulled over for unsafe lane changes and failure to maintain your lane.
If you get into an accident involving lane-splitting, insurers might find that you were following unsafe practices. Additionally, at-fault drivers may exploit this legal ambiguity and attempt to hold you liable for the accident, which can further complicate an already stressful recovery process.
If you or someone you know was involved in a motorcycle accident, reach out to an experienced Columbus motorcycle accident lawyer. At the Fitch Law Firm, we can help you navigate the legal process and communicate with insurers on your behalf, allowing you to focus on recovery.
What Does Ohio Law Say About Lane Splitting?
Lane splitting is a riding technique that involves motorcyclists navigating the space between lanes, often with the intention of bypassing slowed or stopped traffic to prevent congestion.
While the law may not specifically address lane splitting practices exclusive to motorcyclists, it does outline proper lane behavior for all motorists, regardless of vehicle type.
Under Ohio Revised Code § 4511.33, any vehicle must drive entirely within a single lane “as nearly as is practicable” until that driver has determined that they can move from that lane safely. This may not seem like a concern for motorcyclists, who have long since cited lane splitting as a maneuver meant to boost their safety on the roads. Motorcyclists often cite lane splitting as a maneuver to boost their safety on the roads, but other motorists — and law enforcement — may disagree.
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Reasons Why Lane Splitting Is Controversial
Lane splitting has been a common practice in the motorcycle community for decades, but it is not always viewed favorably by other motorists. Motorists might disapprove of lane splitting for several reasons, including:
- Motorists may view lane splitting as unfair: Many drivers feel that vehicles traveling on the same road and in the same direction should therefore follow the same road laws.
- Motorists may think lane splitting is unsafe: Motorists believe in road law uniformity partly because they fear that exceptions like lane splitting would lead to possibly unpredictable and hazardous situations.
- Motorists may believe that motorcyclists are more prone to engaging in reckless behavior and taking risks. Some drivers believe that cyclists are more likely to engage in risky behavior on roads and highways, and they may interpret lane splitting as a reckless act motivated by impatience.
The Benefits of Safe Lane Splitting
Despite beliefs that lane splitting is done out of recklessness or impatience, the motorcycling community’s advocacy for lane splitting is grounded in practicality.
- It alleviates congestion: When traffic is slowing down or even coming to a standstill, motorcycles can move out of lanes to advance. The spaces they leave behind allow cars behind them to continue moving, which can, in turn, alleviate some of the traffic congestion (MIC).
- It improves the safety of cyclists: Congested traffic presents numerous possibilities for distracted drivers and sudden stop-and-go movements that can increase the risk of an accident with a cyclist who is trapped between larger vehicles. Allowing them to lane split reduces crash frequency and offers them a safer way to navigate through traffic (AMA).
When performed properly, lane splitting can be a safe and beneficial act for both the cyclist themself and the other motorists around them. However, it must be done safely. If you were involved in an accident involving lane splitting, a personal injury attorney can help you understand who may be liable.
Safety Should Be the Priority When Lane Splitting
Every motorist has an obligation to prioritize safety while on the road. For motorcyclists, this means understanding that lane splitting isn’t appropriate in all situations or for all riders. The technique shouldn’t be utilized by inexperienced riders, and it’s best suited for situations in which traffic is either moving slowly or has come to a complete stop.
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The Law’s Stance on Lane Splitting Might Be Changing
While Ohio law takes no specific stance to condemn or promote lane splitting, recent changes in other states’ legislation might be signaling a larger shift in perspective.
California was the first state to legalize lane splitting in 2017 and remains the only state to fully permit it to this day. Although the law does not formally regulate when and how lane splitting can be carried out, the California Highway Patrol has established guidelines to help ensure the safety of all drivers.
Six other states have permitted a closely related practice called lane filtering. Similar to lane splitting, it allows motorcycles to move between lanes, but only when traffic is stopped.
As it stands, Ohio law does not expressly address the legality of lane splitting, and if you were in an accident involving this practice, an at-fault driver may try to use this ambiguity to hold you liable. On the other hand, an experienced motorcycle accident attorney may be able to use this gray area to your advantage when it comes to determining the at-fault party.
What If I’m Partially at Fault for the Accident?
You can still seek financial compensation for your damages even if you were partially at fault. Ohio has a comparative negligence law, which allows motorists to be compensated for their accident so long as they are deemed to be less than 50 percent at fault.
Under Ohio Revised Code § 2315.33, you and any other at-fault drivers will share the cost of damages in proportion to your share of negligence.
This means that yes, you can still recover damages even if you’re partially at fault, but your percentage of fault — i.e., your percentage of negligence — will be subtracted from your compensation. However, if you are found to be more than 50% at fault, then you won’t be able to recover any damages from the accident.
An experienced motorcycle accident lawyer can help you better understand comparative negligence and how it might apply to your case.
Call The Fitch Law Firm Today for a Free Consultation After a Motorcycle Crash
If you were involved in a motorcycle accident, it is important that you receive fair compensation for your injuries and financial losses. You can hire a knowledgeable Columbus motorcycle accident lawyer who can evaluate your case and guide you through the process of filing a motorcycle accident injury claim in Ohio.
If you’re seeking legal counsel, don’t wait to reach out. According to Ohio Revised Code § 2305.10, you have two years after your accident to file your claim. Acting quickly may positively affect the outcome of your case. The sooner you speak with us, the sooner we can take legal action and begin fighting for the compensation you deserve.
Contact The Fitch Law Firm at (614) 953-6072 today to schedule your complimentary consultation. We can assess your options and provide more information on how you could benefit from legal representation.
