By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a motorcycle crash in Washington?
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What Washington law says
RCW 46.61.608 sets the rules for motorcycles on roads with marked lanes. Subsection (3) says no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. That wording covers riding the line between moving cars on the freeway. It also covers filtering up between stopped cars at a red light, because stopped cars are still rows of vehicles. The Senate’s own staff report describes the ban as covering the practice “commonly referred to as lane splitting, lane filtering, or lane sharing” (Senate Bill Report, SB 5401).
Subsection (2) adds a second limit: no overtaking a car inside the lane that car is using. The only exception covers overtaking someone on foot or on a bicycle while keeping a gap of three feet or more. Police officers on duty are exempt from both rules. Two motorcycles may still ride side by side in one lane, but no more than two.
Riding the shoulder past a backup is not authorized either, and the latest bill to allow it has not passed.
Breaking these rules is a traffic infraction, not a crime, under RCW 46.63.020.
Has the Legislature changed the law?
No. Four bills to loosen RCW 46.61.608 were filed in the 2023-24 and 2025-26 sessions, and none came out of committee. The statute has not been amended since 2013. ESSB 6110, a 2026 law on electric motorcycles and e-bikes (chapter 159, Laws of 2026), did not touch RCW 46.61.608.
| Bill | Session | What it would have allowed | What happened |
|---|---|---|---|
| SB 5401 | 2023-24 | Lane splitting when the motorcycle is going 35 mph or slower and not more than 10 mph faster than the traffic around it | Senate Transportation hearing Feb. 16, 2023; never left committee |
| HB 1063 | 2023-24 | Same as SB 5401 (House companion) | Referred to House Transportation Jan. 9, 2023; no hearing |
| HB 1487 | 2023-24 | Use of the right shoulder on limited access roads in stopped traffic or when lane speeds average 25 mph or lower, with the rider capped at 10 mph over the adjacent lane | House Transportation hearing Feb. 15, 2023; never left committee |
| HB 1367 | 2025-26 | The same shoulder rule as HB 1487, with a revised rule on which exits require the rider to leave the shoulder | House Transportation hearings Jan. 22, 2025 and Feb. 5, 2026; still listed in committee as of Nov. 9, 2026 |
Even HB 1367 would not have legalized lane splitting. It left the ban on riding between lanes in place and dealt only with the shoulder (House Bill Report, HB 1367).
Washington, California and Texas compared
Beverly Law works in all three states, and riders who move between them face different rules.
| State | Is lane splitting legal? | What the law says |
|---|---|---|
| Washington | No | No riding between lanes or between rows of vehicles, and no passing a vehicle in its own lane (RCW 46.61.608(2), (3)) |
| California | Yes | Defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and lets the CHP publish safety guidelines (Vehicle Code 21658.1). The CHP states that lane splitting is legal in California (CHP). |
| Texas | No, since Sept. 1, 2023 | Bans lane splitting where traffic moves in one direction and bars passing inside another vehicle’s lane (Transportation Code 545.0605) |
For the Texas rule in detail, see Is lane splitting legal in Texas?
If you were hit while splitting or filtering
You can still bring a claim. In Washington, breaking a traffic statute is not automatic negligence. A jury may consider it as evidence of negligence, and the per se rule is kept for a short list of violations such as driving under the influence (RCW 5.40.050).
Washington follows a pure comparative fault rule. Your own share of fault lowers the award by that percentage and never cuts off the claim entirely (RCW 4.22.005). If a jury found you 30 percent at fault, you would recover 70 percent of your damages. Fault is weighed with causation in mind: the comparison looks at both the conduct and how much it actually caused the harm (RCW 4.22.015).
The driver’s conduct counts too. RCW 46.61.608(1) says no motor vehicle may be driven in a way that deprives a motorcycle of the full use of a lane, and RCW 46.61.140(1) bars a driver from leaving a lane until the move can be made safely. A driver who changed lanes without looking or crowded the rider out of the lane is judged on that conduct, whatever the rider was doing.
Helmets and your claim
Riders and passengers on Washington public roads must wear a motorcycle helmet that carries the manufacturer’s DOT certification, and the strap has to stay buckled whenever the bike is moving (RCW 46.37.530).
The seat belt law is different: under RCW 46.61.688(6), going without a belt cannot be treated as negligence or offered to a jury as evidence of it. RCW 46.37.530 contains no comparable protection for riders who go without a helmet. If you were riding without a helmet, tell your lawyer at the start, especially if you have a head injury.
What this means for your case
An insurer that learns you were splitting or filtering will use it to argue your share of fault. Your job is to preserve the evidence that shows what the driver did.
- Keep any helmet camera or dash camera footage, and ask nearby businesses to save their video before it is recorded over.
- Photograph the lane lines, where the vehicles stopped, the damage on both vehicles and your injuries.
- Get the names and phone numbers of witnesses, and the other driver’s plate and insurance.
- Keep your helmet, jacket and bike unrepaired until they are inspected.
- Get medical care right away and keep every record and bill.
- Do not give a recorded statement to the other driver’s insurer before talking to a lawyer.
You generally have three years to file a personal injury lawsuit in Washington (RCW 4.16.080(2)).
Read more on our Washington motorcycle accident lawyer page and our Washington injury law page. Beverly Law handles motorcycle accident claims across Washington. Call (310) 552-6959 for a free consultation. You owe no fees or costs unless we win.
Common questions
Is lane filtering at a red light legal in Washington?
No. RCW 46.61.608(3) bars riding between adjacent lines or rows of vehicles, and stopped cars at a light are rows of vehicles. No filtering bill has passed.
Can motorcycles ride on the shoulder in Washington traffic?
Not under current law. HB 1367 would allow right-shoulder riding on limited access highways when traffic averages 25 mph or less, but as of November 2026 it was still in the House Transportation Committee.
What is the penalty for lane splitting in Washington?
It is a traffic infraction, not a crime, under RCW 46.63.020. The bigger cost is usually in an injury claim, where the insurer will argue that the violation makes you partly at fault.
Can I still sue if I was lane splitting when I was hit?
Yes. Washington’s pure comparative fault rule reduces your damages by your share of fault but does not bar recovery (RCW 4.22.005). The filing deadline is generally three years after the crash (RCW 4.16.080(2)).
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Related pages
Washington motorcycle accident lawyer · Washington personal injury lawyers · Is lane splitting legal in Texas? · Lane-splitting motorcycle crash: who is at fault? · Seattle motorcycle accident lawyer · California motorcycle accident lawyer
Sources
- RCW 46.61.608, operating motorcycles on roadways laned for traffic
- RCW 46.63.020, violations as traffic infractions
- Washington Legislature, SB 5401 (2023-24) bill history
- Senate Bill Report, SB 5401 (Feb. 14, 2023)
- Washington Legislature, HB 1063 (2023-24) bill history
- Washington Legislature, HB 1487 (2023-24) bill history
- Washington Legislature, HB 1367 (2025-26) bill status
- House Bill Report, HB 1367 (hearing Feb. 5, 2026)
- Washington Legislature, ESSB 6110 (2025-26), chapter 159, Laws of 2026
- RCW 5.40.050, breach of statutory duty as evidence of negligence
- RCW 4.22.005, effect of contributory fault
- RCW 4.22.015, fault defined
- RCW 46.61.140, driving on roadways laned for traffic
- RCW 46.37.530, motorcycle helmets
- RCW 46.61.688, safety belts
- RCW 4.16.080, three-year limitation period
- California Vehicle Code 21658.1, lane splitting
- California Highway Patrol, California Motorcyclist Safety
- Texas Transportation Code 545.0605, operation of motorcycles on roadway laned for traffic
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. Last reviewed: November 9, 2026.