Is Lane-Splitting Legal in North Carolina?

While many motorcycle riders believe lane-splitting can help prevent crashes, the fact remains that lane-splitting is illegal in North Carolina. While it doesn’t explicitly address lane-splitting, state law states that riders must stay within a single traffic lane and not move from that lane until they know they can do so safely. The North Carolina Motorcyclists’ Handbook also advises that sharing lanes is typically prohibited, as “Cars and motorcycles need a full lane to operate safely.” Given the unpredictable dangers of lane-splitting, motorcycle riders should not attempt it, as it could cause a crash and lead to legal penalties.

Motorcycle safety is a serious concern for us at The Law Offices of John Drew Warlick, P.A., as we’ve seen the consequences of motorcycle accidents. We want North Carolina motorcycle riders to have all the necessary information to stay safe and follow the law. Here’s what you need to know about North Carolina’s lane-splitting laws.

Are There Any Exceptions to North Carolina’s Lane-Splitting Law?

There are no exceptions to North Carolina’s lane-splitting law. All drivers and motorcyclists must stay within a single traffic lane at all times. No matter what you think of this law, it’s still crucial to follow it to keep yourself safe and avoid potential legal trouble.

What Are the Dangers of Lane-Splitting?

Many motorcycle riders argue that lane-splitting reduces the risk of crashes by reducing traffic and giving riders an escape route from potentially deadly traffic jams. However, lane-splitting can also put motorcyclists in increased danger in some circumstances. The risks of lane-splitting include:

• Limited visibility – Motorcycles are smaller than cars, making them harder to see, especially when they’re weaving between lanes. Drivers may not check their mirrors carefully, putting motorcyclists at greater risk of being sideswiped or cut off. This lack of visibility is especially dangerous in heavy traffic or when drivers are distracted.
• Sudden lane changes – Drivers often change lanes without signaling, putting motorcyclists at risk when they lane split. Drivers may also fail to notice motorcycles approaching between lanes. If a car suddenly shifts lanes, a motorcycle rider may not have enough time to react or avoid a collision. This can be particularly dangerous when a motorcycle is moving at a different speed than the traffic around it.
• Narrow space – The gap between cars on busy roads is often narrow, leaving little room for motorcycles to safely maneuver. A slight misjudgment or a small shift in a car’s position could result in a sideswipe collision, which can easily knock a bike off balance.
• Driver reactions – Some drivers become irritated when they see motorcycles lane-splitting, especially if they feel it gives the rider an unfair advantage in traffic. Angry drivers may try to block motorcycles, brake-check them, or act in other unpredictable ways. Such aggressive behavior significantly increases the chances of a crash.
• Road hazards – Motorcycles have less stability than cars. When lane-splitting, riders often don’t have enough room to dodge road debris, potholes, or uneven pavement. Hitting a small object that a car could easily pass over might cause a motorcycle to swerve or crash.
• Open car doors – In stop-and-go traffic, drivers may open their doors without warning. Motorcycles passing through a tight gap between lanes might not have enough time to avoid hitting an open door, which can lead to severe accidents.

Is Lane Sharing or Filtering Legal?

While the North Carolina Motorcyclists’ Handbook says “Lane sharing is usually prohibited,” state law says two motorcycles can share a lane when riding side-by-side. So, lane sharing is legal as long as only two motorcycles share the same space.

There is no law specifically addressing lane filtering, which is when a motorcycle moves between stopped traffic to reach the front of the line at an intersection. However, since state law says vehicles must stay within a single traffic lane, filtering is also illegal. Lane filtering involves many of the same risks as lane-splitting, so riders are usually better off staying in one lane to avoid a potentially dangerous situation.

Who Can Be Held At Fault in a Lane-Splitting Accident?

Liability is a complicated issue when a lane-splitting accident occurs in North Carolina. If a motorcyclist was lane-splitting, there’s a good chance they will be considered at least somewhat responsible for causing the collision. However, both parties could be at fault for the accident. While the motorcyclist broke the law by splitting lanes, another driver may have caused or contributed to the crash by opening their door, swerving in front of the motorcyclist, or acting negligently in another way.

North Carolina’s strict negligence laws make these collisions even more complicated. The state is one of only a handful that uses a pure contributory negligence system when multiple parties share blame for an accident. This means that if someone contributed to their own injuries in an accident, even if the other party bears most of the blame, the injured party can’t recover any compensation.

This harsh law makes it crucial to work with an experienced attorney after a lane-splitting accident. A motorcycle accident lawyer can look for evidence showing the other party involved in the crash bears all the blame, allowing you to seek compensation for your losses.

What Should I Do If I Am Involved in a Motorcycle Accident in North Carolina?

Your priority after a North Carolina motorcycle accident is to seek medical treatment. Once you’ve done that, here are steps you should take in the weeks and months ahead to protect your rights:

• Follow your doctor’s treatment plan – Make sure you attend all follow-up appointments and follow your doctor’s medical advice. Doing this helps ensure you heal properly and creates a record of your injuries, which is essential if you plan to file a personal injury claim.
• Keep records of expenses – Save all your medical bills, repair receipts, and records of any other expenses related to the accident. These documents will help you calculate your losses and prove the accident’s financial impact.
• Document your injuries – Take photos of your injuries as they heal and write down any pain or difficulties you experience. Keeping a record of how the crash affects your daily life gives you more evidence to show you deserve compensation for your non-economic losses.
• Speak with a motorcycle accident attorney – An attorney can explain your options for seeking compensation. They can handle negotiations with the insurance company and help you demand fair compensation for your losses.
• Avoid discussing the accident on social media – Remember, insurance companies can use anything you post online against you. It’s best to avoid sharing details of the collision or your injuries until your case concludes.

Contact a North Carolina Motorcycle Accident Lawyer

The team at The Law Offices of John Drew Warlick, P.A. understands the challenges of motorcycle accident cases and your need for fair compensation. We have three generations of attorneys who have recovered millions for our clients, including $2 million for a fatal motorcycle accident victim. With our decades of combined experience, our clients say we have extensive knowledge, the ability to listen, and perseverance to fight for justice. Call us today or complete our contact form for a free consultation to learn how we can help you.

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