The act of lane-splitting, or riding in the same lane as another vehicle as a motorcycle, is a very hot-button topic. Sometimes, drivers unintentionally strike the motorcyclists as they pass, or cause the motorcyclist to strike them. The gut reaction from drivers is often: “They shouldn’t have been there anyway.” The misconception many drivers have is that if a motorcycle or bicycle was “lane splitting,” the rider is automatically at fault. That is not true. Texas law may make certain most forms of lane splitting illegal, but a driver who hits a rider may still be liable if they failed to drive safely and correctly.
These kinds of accidents can be legally complicated because they often involve two questions at the same time: Was the motorcycle or bicycle rider allowed to be where they were, and did the driver still have a duty to avoid hitting them?
On This Page
- What Is Lane Splitting?
- Is Motorcycle Lane Splitting Legal in Houston?
- Can a Driver Still Be Liable After Hitting a Lane-Splitting Motorcycle?
- Who Is Liable When the Motorcycle Was Not Lane Splitting Illegally?
- What Are the Penalties for Lane-Splitting?
- Is Bicycle Lane Splitting Legal in Houston?
- Who Is Liable When a Car Hits a Bicycle That Is Passing or Filtering?
- Hire a Personal Injury Lawyer in Houston After Lane Splitting Accident
What Is Lane Splitting?
Lane splitting generally refers to a motorcycle or bicycle riding between lanes of traffic moving in the same direction. It is sometimes confused with lane filtering, which usually means moving between stopped or very slow vehicles, often at a red light or in traffic congestion.
Both versions of this action, passing a vehicle in the same lane, are illegal in Texas.
Is Motorcycle Lane Splitting Legal in Houston?
In most situations, motorcycle lane splitting is not legal in Houston or anywhere else in Texas.
Texas law gives motor vehicles the full use of a traffic lane. That means a driver cannot crowd a motorcycle, squeeze it out of its lane, or act as though the motorcycle is not entitled to the same lane space as a car. However, the same law also says that a motorcycle operator may not do the same — they cannot ride in the same lane as the motor vehicle.
From Texas Transportation Code TRANSP § 545.0605:
- (a) The operator of a motorcycle:
- (1) is entitled to full use of a lane and, except as otherwise provided by Subdivision (2), a motor vehicle may not be driven in a manner that deprives a motorcycle of the full use of a lane;
- (2) may operate the motorcycle two abreast in a single lane with another motorcycle; and
- (3) may not;
- (A) operate the motorcycle more than two abreast in a single lane with other motorcycles;
- (B) operate the motorcycle between lanes of traffic moving in the same direction; or
- (C) pass a motor vehicle while in the same lane as the vehicle being passed.
- (b) Subsection (a)(3) does not apply to a police officer in the performance of the officer’s official duties.
There are narrow exceptions. Two motorcycles may ride two abreast in a single lane. A police officer performing official duties is also exempt from the lane-splitting restriction. However, these exceptions do not allow an ordinary rider to move between lanes of cars in Houston traffic, even if it is stopped.
Because of this, a motorcyclist who is lane splitting between vehicles may be cited or may be found partially responsible after a crash. But that does not mean that they cannot receive compensation.
Can a Driver Still Be Liable After Hitting a Lane-Splitting Motorcycle?
Yes. A driver may still be liable after hitting a lane-splitting motorcycle if the driver’s own negligence contributed to the crash.
Texas uses a proportionate responsibility system. In practical terms, fault can be divided between the rider and the driver. If a motorcyclist was lane splitting illegally, an insurance company will likely argue that the rider caused or contributed to the collision. However, the driver’s conduct still matters.
For example, a driver may be liable if they changed lanes without checking their mirrors, use a turn signal, or drifted across a lane marker. They will definitely be found liable if they intentionally moved to block the motorcycle — so long as the motorcyclist can prove the driver acted intentionally. A driver is not allowed to hit a rider simply because the rider may have been doing something illegal.
Who Is Liable When the Motorcycle Was Not Lane Splitting Illegally?
When a motorcycle legally occupies a lane, liability shifts toward the driver who hit the rider.
Motorcyclists have the right to use the full lane. A driver who crowds a motorcycle, sideswipes it during a lane change, forces it toward the shoulder, or turns across its path may be liable for the crash. This is especially important in Houston traffic, where drivers often overlook motorcycles in blind spots or assume they can share a lane with them.
A driver may also be liable when they misjudge a motorcycle’s speed or distance. “I didn’t see the motorcycle” is not a true defense. Drivers are responsible for keeping a proper lookout and making sure a lane change, turn, merge, or stop can be made safely.
In these cases, the insurance company may still look for ways to blame the rider. They may claim the rider was speeding, riding too close to lane markings, or failed to react quickly enough.
What Are the Penalties for Lane-Splitting?
The penalties for lane-splitting in Texas is typically a ticket and a $175 to $250 fine. However, if the lane-splitting is conducted at high speeds, it could be classified as reckless driving, which carries more severe penalties, including potential jail time.
Is Bicycle Lane Splitting Legal in Houston?
Bicycle cases are different because Texas law does not treat bicycles exactly the same way it treats motorcycles. A person riding a bicycle generally has the rights and duties of a vehicle operator, but with some caveats.
A bicyclist moving slower than traffic is generally required to ride as near as practicable to the right-side curb or edge of the roadway. However, Texas law allows for certain exceptions. A bicyclist may move away from the right side when passing another vehicle, preparing to turn left, avoiding unsafe roadway conditions, or riding in a lane that is too narrow for a bicycle and motor vehicle to safely travel side by side.
That means some bicycle movements that look like “lane splitting” may be lawful, depending on the situation. A cyclist may be allowed to pass a stopped or slower vehicle, avoid debris, move around a parked car, or take the lane when the road is too narrow to share safely. But cyclists are not free to ignore traffic signals or cut through traffic in a way that creates an immediate hazard.
In Houston, bicycle cases may also involve the city’s vulnerable road user rules. These rules are designed to protect bicyclists, pedestrians, and other vulnerable road users by requiring drivers to pass safely and avoid dangerous turns or threatening maneuvers.
Who Is Liable When a Car Hits a Bicycle That Is Passing or Filtering?
If the bicyclist was lawfully passing, avoiding a hazard, or using the lane because it was too narrow to share, the driver may be liable for hitting the cyclist. This is especially true if the driver turned across the bicycle’s path, passed too closely, opened a door, moved right without checking, or failed to yield at an intersection.
A common Houston bicycle crash happens when a driver overtakes a cyclist and then turns right in front of them. Another common scenario involves a driver moving toward the curb or into a bike lane without checking for a cyclist already beside them. In both situations, the driver may be responsible even if the cyclist was near the side of the lane or moving past slower traffic.
If the cyclist was violating traffic laws, the liability analysis changes. A driver may argue that the cyclist created the danger by riding between moving vehicles, failing to signal, running a red light, or appearing where a driver would not reasonably expect them. Even then, the driver is not automatically excused. The question remains whether the driver acted reasonably and whether the crash could have been avoided.
Hire a Personal Injury Lawyer in Houston After Lane Splitting Accident
Lane-splitting remains controversial. However, drivers do not have the right to “punish” other drivers on the road, including motorcyclists.
Hilda Sibrian has represented injury victims in car and motorcycle claims across Texas for over 22 years. If you or someone you love has been seriously injured or killed due to another driver’s negligence, you need to call an experienced Houston attorney as soon as possible. The Law Offices of Hilda Sibrian serve all of Houston and Texas, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper.
Call the Law Offices of Hilda Sibrian today for a free consultation, or fill out our online contact form.
