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What California law says about lane splitting
California law allows a motorcycle to travel between lanes. The Vehicle Code defines lane splitting and lets the CHP develop safety guidelines, but it does not set a speed limit for it (Vehicle Code 21658.1). Because it is not prohibited, fault depends on how each driver acted.
Being legal does not end the question. Insurers will still look at how fast you were going compared to traffic, whether traffic was moving, and whether you had room. Those facts affect how fault is divided. Do not discuss your speed or riding with the adjuster before you talk to a lawyer.
How fault gets divided
Drivers cause many of these crashes by changing lanes without checking mirrors, drifting while on a phone, or swerving to block a rider. A driver who suddenly moves into a rider’s path may carry most or all of the blame. Dashcams, helmet cameras and other drivers often show who moved first.
California uses pure comparative fault: your share of fault reduces your damages in proportion but does not bar recovery (Li v. Yellow Cab Co.). So even if the insurer says you were going a bit fast, you may still recover most of your losses. Our page on sideswipe crashes on the freeway covers similar lane-change disputes.
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Insurance issues riders should know
Under Proposition 213, a person who was driving without the insurance the law requires generally cannot recover pain and suffering damages from a crash, though medical bills and lost wages remain recoverable (Civil Code 3333.4). Make sure your motorcycle insurance is current. If it lapsed, talk to a lawyer about what you can still recover.
If the driver who hit you had no insurance, your own uninsured motorist coverage may help; see hit by an uninsured driver. Riders also suffer serious injuries more often than people in cars, so check what limits you carry. The answer depends on the policy and the facts; a lawyer can check.
What to do now
Get medical care right away, and go to every follow-up. Riders often have injuries to the legs, arms, back and head. See back and spine injuries for what to watch for. Keep your helmet and gear as they are, because damage to them can show how the crash happened. Take photos of them too.
Photograph the scene, your bike, the car and your injuries. Write down the driver’s name, plate and insurance, plus witness names and phone numbers. Save any helmet camera footage. Write down the claim number and keep receipts. Do not sign a release or give a recorded statement before talking to a lawyer.
Deadline
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure 335.1). A lawsuit over damage to your motorcycle generally must be filed within three years (Code of Civil Procedure 338). Starting early matters most for finding video, which is often erased within days.
If you were hurt lane splitting, call Beverly Law at (310) 552-6959 or use the form. We can collect the footage and the police report and deal with the insurer while you heal. You owe no fees or costs unless we win. If the driver’s insurer has already called you, let us know what was said.
Common questions
Is lane splitting legal in California?
Yes. California law allows motorcycles to travel between lanes. The Vehicle Code defines lane splitting and allows the CHP to develop safety guidelines, but it does not set a speed limit for it. A rider is not automatically at fault for a crash while splitting.
Who is at fault if a car changes lanes into a lane-splitting motorcycle?
Often the driver, because changing lanes without checking for a rider is careless. The rider’s speed and the traffic flow can affect the split. Under California’s comparative fault rule, any share of fault reduces the rider’s recovery but does not bar it.
Can I recover if I was going faster than traffic while lane splitting?
Possibly. Your speed may be used to assign you part of the fault, but California’s pure comparative fault rule still lets you recover, reduced by your share. How much speed matters depends on the traffic, the space and what the driver did.
What if my motorcycle insurance had lapsed?
Under Proposition 213, a person driving without the required insurance generally cannot recover pain and suffering damages, but medical bills and lost wages remain recoverable. There is one exception for an uninsured vehicle owner hurt by a driver convicted of DUI for that crash. A lawyer can check how this applies to you.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.