Beverly Law. Updated November 2026.
Hurt in a motorcycle crash in Texas?
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What Texas law says
Under Transportation Code § 545.060, every driver on a road with marked lanes must stay as nearly as practical within a single lane and may not leave it unless that can be done safely.
Section 545.0605 covers motorcycles directly. A rider is entitled to the full use of a lane, and a car may not be driven in a way that takes it away. A rider may not ride between lanes of same-direction traffic, pass a vehicle in the same lane, or ride more than two abreast. Police officers on duty are exempt.
Section 545.0605 was added by House Bill 4122, signed June 12, 2023, effective September 1, 2023.
Lane filtering and riding two abreast
Lane filtering means moving between stopped cars to reach the front at a light. Texas has no exception for stopped or slow traffic. Two motorcycles may share a lane side by side under § 545.0605(a)(2); three may not.
Bills to allow some form of lane splitting or filtering were filed in 2017 (SB 288), 2019 (SB 273 and HB 1270), 2023 (HB 2465) and 2025 (HB 2957). Each was referred to a Transportation Committee and went no further. As of November 2026, no Texas law authorizes lane splitting or lane filtering.
What a ticket means
Breaking § 545.0605 is a misdemeanor under § 542.301. The section sets no penalty of its own, so the general penalty in § 542.401 applies: a fine of $1 to $200, plus court costs.
A fine-only ticket can be resolved by mailing a plea of guilty or nolo contendere (no contest) under Code of Criminal Procedure art. 27.14. Under art. 27.02(5), a no contest plea cannot be used against you as an admission in a related civil suit. A guilty plea has no such protection.
How lane splitting affects an injury claim
Texas uses modified comparative fault, often called the 51% bar rule. Under Civ. Prac. & Rem. Code § 33.001, you cannot recover if your share of responsibility is greater than 50 percent. At 50 percent or less, § 33.012 reduces your damages by your percentage. At 30 percent, you recover 70 percent. At 51 percent, you recover nothing.
The driver’s insurer will cite § 545.0605. But a driver who drifts across a lane line without checking mirrors may have broken § 545.060(a)(2), and one who squeezes a rider out of a lane may have broken § 545.0605(a)(1). Speed, traffic flow, the gap and any video all affect the percentages. Our comparative fault comparison explains how this rule differs from California and Washington.
Texas, California and Washington compared
Our California lane-splitting page covers fault for crashes there.
| State | Riding between lanes | Filtering at a stop | Law |
|---|---|---|---|
| Texas | Prohibited | Prohibited | Transp. Code § 545.0605 (since 2023) |
| California | Allowed; defined by statute | Covered by the definition, which includes stopped vehicles | Veh. Code § 21658.1 (since 2017) |
| Washington | Prohibited | Prohibited; no filtering law enacted as of November 2026 | RCW 46.61.608(3) |
The California Highway Patrol may issue lane-splitting safety guidelines. In Washington, HB 1367 (2025-26), which would let motorcycles use the right shoulder of limited-access roads, had hearings in the House Transportation Committee in 2025 and 2026 and was not voted out of committee.
Helmets and the filing deadline
Under Transp. Code § 661.003, riders and passengers under 21 must wear a helmet. Riders 21 and older may ride without one if they completed an approved motorcycle safety course or have health insurance that covers crash injuries.
A Texas personal injury lawsuit generally must be filed within two years of the crash under Civ. Prac. & Rem. Code § 16.003. The same two years applies to a suit for damage to your motorcycle.
What this means for your case
Expect the insurer to raise lane splitting early. Keep your helmet, gear and bike as they are, and photograph them. Save helmet camera or dashcam video and ask nearby businesses for footage soon, because it is often recorded over. Get the crash report and witness names. Do not give a recorded statement about your speed or lane position, or pay the ticket, before you get advice. For crashes in the Austin area, see our Austin motorcycle accident page.
Texas cases are handled by the firm’s Texas-licensed attorneys. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.
Common questions
Can I filter to the front at a red light in Texas?
No. Section 545.0605 has no exception for stopped traffic, and passing a car in its own lane is barred too.
Can I still recover if a car hit me while I was lane splitting?
Possibly. If your share of fault is 50 percent or less, your damages are reduced by that share. Above 50 percent, Texas bars recovery.
Does a lane-splitting ticket prove I caused the crash?
No. The ticket is a separate criminal matter. Fault in the injury claim is decided on all the evidence, including what the driver did.
Can motorcycles ride on the shoulder in Texas?
Only for the purposes listed in Transportation Code § 545.058, such as stopping, slowing to turn right, letting faster traffic pass or avoiding a collision. There is no motorcycle exception.
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Related pages
All FAQs · Austin motorcycle accident lawyer · Texas personal injury lawyers · Comparative fault in California, Texas and Washington · Can you sue for emotional distress in Texas?
Sources
- Tex. Transp. Code § 545.060, driving on roadway laned for traffic
- Tex. Transp. Code § 545.0605, operation of motorcycles on roadway laned for traffic (added 2023)
- Tex. Transp. Code § 545.058, driving on improved shoulder
- Tex. Transp. Code § 542.301, general offense
- Tex. Transp. Code § 542.401, general penalty
- Tex. Transp. Code § 661.003, offenses relating to not wearing protective headgear
- Tex. Civ. Prac. & Rem. Code § 33.001, proportionate responsibility (51% bar)
- Tex. Civ. Prac. & Rem. Code § 33.012, amount of recovery
- Tex. Civ. Prac. & Rem. Code § 16.003, two-year limitations period
- Tex. Code Crim. Proc. art. 27.02(5), effect of nolo contendere plea in civil suit
- Tex. Code Crim. Proc. art. 27.14, plea by mail in fine-only misdemeanor
- Texas Legislature Online, H.B. 4122 (88th Leg., R.S., 2023) bill history
- Texas Legislature Online, H.B. 2957 (89th Leg., R.S., 2025) bill history
- Texas Legislature Online, S.B. 273 (86th Leg., R.S., 2019) bill history
- Cal. Veh. Code § 21658.1, lane splitting defined
- California Highway Patrol, California Motorcyclist Safety Program
- RCW 46.61.608, operating motorcycles on roadways laned for traffic
- Washington State Legislature, HB 1367 (2025-26) bill summary
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 7, 2026.