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Is Lane Splitting Legal in Washington State?

Posted on : July 30, 2024Posted By : Russell HillPosted In : Motorcycle Accident, Washington Laws

Lane splitting, also known as “white-lining” or “stripe-riding,” is when a motorcyclist rides between two lanes of traffic. Lane splitting is currently illegal in Washington State. This means motorcyclists must remain within a single lane while traveling, just like car and truck drivers.

The topic of lane splitting stirs up considerable debate among motorcyclists and other drivers. Some argue that lane splitting can reduce traffic congestion and allow motorcycles to avoid dangerous situations, like getting rear-ended in dense traffic. Others believe it increases the risk of accidents, as drivers might not expect motorcycles to pass between lanes. Here’s what you need to know about one of the most pressing Washington State motorcycle laws.

Lane Splitting vs. Lane Filtering and Lane Weaving

Lane splitting, lane filtering, and lane weaving are three distinct motorcycle maneuvers:

  • Lane splitting occurs when a motorcyclist rides between two adjacent lines of traffic moving in the same direction. This typically happens on highways or roads with heavy congestion, where motorcycles pass between traffic lanes to move ahead.
  • Lane filtering is similar to lane splitting but usually occurs at lower speeds. Motorcyclists use lane filtering to move between cars that are stopped or moving very slowly, such as at a red light or in stopped traffic or stalled traffic. The main difference between lane filtering and lane splitting is the speed at which it happens and the typical traffic conditions involved.
  • Lane weaving involves a motorcyclist moving back and forth between lanes of traffic. Unlike lane splitting and lane filtering, where the motorcyclist stays between lanes, lane weaving means constantly changing lanes to move ahead in traffic. This maneuver can be more dangerous because it involves crossing into the paths of other vehicles, increasing the risk of collisions.

Lane Splitting Laws: The Debate on Legalization

The debate over legalizing lane splitting in Washington is ongoing, with solid arguments on both sides.

Supporters of lane splitting often point to California, the only state where the practice is legal and widely accepted. Proponents argue that motorcycle lane splitting can improve motorcyclist safety. For instance, a 2015 University of California study showed that motorcyclists who split lanes were less likely to suffer head and torso injuries or die compared to those who did not.

Notably, the American Motorcyclist Association (AMA) supports lane splitting. The AMA states that lane splitting reduces the risk of rear-end collisions in heavy traffic, providing a safer alternative for motorcyclists who might get stuck between larger vehicles. They emphasize that, at safe speeds, lane splitting can be a practical and safer way for motorcyclists to navigate congested roads.

On the other hand, opponents of lane splitting raise concerns about the increased risks it could pose. Many argue that the practice is inherently dangerous because it allows motorcycles to pass between cars in unpredictable traffic situations.

A 2017 Washington Traffic Safety Commission report highlighted the dangers of lane sharing, noting that research suggests motorcyclists who lane split are nearly four times more likely to get injured in a crash.

Additionally, many drivers feel that lane splitting creates unsafe conditions for all road users, not just motorcyclists. They argue that allowing different rules for motorcycles could lead to confusion and unpredictable behavior on the road, potentially increasing the likelihood of accidents.

Current Legal Status of Lane Splitting in Washington State

Lane splitting is currently illegal in Washington State under RCW 46.61.608.

This law outlines how riders should operate motorcycles on roadways divided into lanes. According to the statute, motorcycles are entitled to the full use of a lane, and no motor vehicle can “deprive” a motorcycle of that full use. However, the law clearly states that Washington motorcyclists cannot overtake and pass other vehicles within the same lane.

This means the law prohibits motorcyclists from moving between lanes of traffic or rows of vehicles, which is the definition of lane splitting. The law also states that riders cannot operate more than two abreast in a single lane. The only exception to these rules applies to police officers performing their official duties. Currently, any other form of lane splitting remains illegal for motorcyclists in Washington.

However, recent legislative efforts have sought to legalize lane splitting for motorcyclists in Washington State. House Bill 1063, introduced by Representative Corry during the 2023 legislative session, aims to amend existing motorcycle operation laws in RCW 46.61.608. The proposed changes would allow motorcyclists to legally overtake and pass vehicles within the same lane under certain conditions. For example, the bill would permit lane splitting for motorcyclists traveling no more than 10 miles per hour faster than the surrounding traffic and not exceeding 35 miles per hour.

Supporters of the bill argue that lane splitting can enhance safety by allowing motorcyclists to avoid getting rear-ended in congested traffic. The bill references research from the University of California, Berkeley, which found that lane-splitting motorcyclists were less likely to suffer severe injuries in collisions than those who stayed within lanes. However, despite these arguments, the bill has faced challenges and remains in committee as of January 2024.

Lane Splitting Risks and Safety Concerns

Critics say lane splitting carries significant risks. One of the primary dangers that detractors cite is the unpredictability of other drivers. Many drivers do not expect motorcycles to pass between lanes, meaning they are more likely to make sudden lane changes or open car doors without looking, which can lead to collisions. In heavy traffic, this risk increases, as drivers might be focused on the cars around them and fail to notice motorcyclists approaching from behind or the side.

Washington’s road conditions also add to the risks of lane splitting. The state experiences frequent rain, which causes wet and slippery roads. These conditions can reduce a motorcyclist’s ability to stop quickly or maneuver safely between lanes. During the winter months, snow and ice present even greater dangers. Slick surfaces drastically reduce traction, making it difficult for motorcyclists to maintain control and avoid collisions while lane splitting.

Additionally, lane splitting at higher speeds presents significant dangers. Studies have shown that as the speed differential between a motorcycle and surrounding traffic increases, so does the risk of injury in the event of a crash. Even minor mistakes can have serious consequences when lane splitting, making it essential for motorcyclists to weigh the risks before engaging in this still-illegal practice.

Comparative Negligence in Lane Splitting Accidents

Washington follows a “pure comparative negligence” rule, which can play a significant role in determining fault and compensation in lane splitting accidents. Under this rule, each party involved in an accident is assigned a percentage of fault based on their actions leading up to the incident. This percentage of fault affects how much compensation each party can recover for their losses. A motorcyclist who contributes to an accident by lane splitting can still recover compensation, but the amount they can recover will decrease based on their percentage of fault.

For example, let’s say a motorcyclist gets hurt in an accident while lane splitting, and a court of law finds them 40 percent at fault. In that case, the motorcyclist can still receive compensation for their injuries, but their total compensation will decrease by 40 percent. This means if they sought $100,000 in compensation, the most they could receive after the reduction is $60,000.

The pure comparative negligence system encourages all drivers to exercise caution and adhere to traffic laws, as any party involved in an accident can be partially responsible. However, lane splitting, which is illegal in Washington, could result in a higher percentage of fault for the motorcyclist. As a result, motorcyclists who engage in lane splitting can face significant reductions in compensation if they are involved in motorcycle accidents.

What to Do After a Lane Splitting Accident

If you’ve been in a lane splitting motorcycle accident in Washington, taking the right steps afterward can greatly affect the outcome of your case and your ability to recover compensation. Since lane splitting is illegal in Washington, it’s vital to lay a strong foundation for your case if you were involved in an accident while lane splitting. Here’s what you should do:

  • Seek immediate medical treatment, even if you feel fine. After a crash, adrenaline can mask injuries, and some symptoms might not appear until hours or days later. Getting a thorough medical evaluation right away is crucial to ensure your health and document your injuries.
  • Gather and preserve evidence. Collect all available evidence of the accident, including photos of the scene, damage to your motorcycle, and any visible injuries. Obtain contact information for any witnesses who saw what happened.
  • Document your injuries and medical treatment. Keep detailed records of your injuries and any medical treatment you receive. This documentation should include medical bills, doctor’s notes, and records of rehabilitation or ongoing care.
  • Keep a record of your expenses and losses. In addition to medical bills, keep track of any other expenses related to the accident, such as bike repairs, lost wages, and out-of-pocket costs.
  • Contact a motorcycle accident attorney as soon as possible. A lane splitting accident attorney can provide valuable guidance. They will explain your legal options, gather evidence, and build a strong case to protect your rights.
  • Communicate carefully with insurance companies. Insurance companies will likely attempt to minimize your claim or assign you a higher percentage of fault due to lane splitting. Avoid giving statements or accepting settlement offers without first consulting your attorney.

Contact a Washington Motorcycle Accident Attorney Now

Are you in need of an experienced Washington motorcycle accident lawyer? If so, contact Russell & Hill, PLLC, today at 800-529-0842 or using our contact form, for a free consultation. Our experienced team is here to listen to your story, answer your questions, and explain your legal options.

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