Motorcycle Lane-Splitting & Alabama Law: Impact on Liability

As of 2021, there were more than 167,000 motorcycles registered in the state of Alabama. Our state offers riders a wide variety of scenic routes to travel and a climate ideal for year-round riding. As much as our local motorists enjoy the freedom of the open road, it’s important to keep in mind that certain riding behaviors are not permissible under Alabama law.

Lane splitting is one such behavior that raises eyebrows and questions from motorists across our state. While lane-splitting is a common sight in some parts of the country, that doesn’t mean it’s an acceptable practice in Alabama or our neighboring states. Here’s what Alabama motorcycle enthusiasts need to know about lane splitting and the legal challenges it can pose in the event of a crash.

Is lane-splitting legal in Alabama? 

In a word: No.

According to the 2024 Alabama Motorcycle Manual: “No person shall operate a motorcycle between lanes of traffic or between rows of vehicles.” Translation? Lane-splitting, while tempting, violates state traffic laws and can land riders in a heap of trouble.  In addition to receiving traffic infractions, if you’re involved in an accident while lane-splitting on local roadways like I-20 or I-65, you might lose your ability to pursue compensation for your accident-related costs.

Why is lane-splitting dangerous?

You’ll sometimes hear proponents of lane-splitting arguing that the practice actually enhances safety by helping riders avoid rear-end collisions during stop-and-go traffic. In practice, however, there isn’t really a consensus on whether and when lane-splitting might be safe.

Some of the factors that make lane-splitting more dangerous for local motorcyclists include:

• Driver inattention: In stop-and-go traffic, it’s not unusual for motorists to briefly take their eyes off the road during long pauses in motion. Thanks to these gaps in attention, a driver of a passenger vehicle might not notice a motorcycle is approaching between lanes and inadvertently sideswipe the rider when attempting to proceed or change lanes when traffic starts moving again.
• Sudden lane changes: Drivers exiting onto side streets or interstates often make abrupt moves that can take a motorcyclist by surprise and lead to a serious collision.
• Limited reaction time: With so many vehicles riding in close quarters on local roadways, motorcycle riders who end up wedged between lanes of traffic may be unable to swerve or brake with enough time to avoid an accident.

In addition, riders who engage in lane-splitting at high rates of speed or while partaking in other reckless behaviors can put themselves and others at serious risk while opening themselves up to substantial claims of liability.

Who is liable in a lane-splitting accident?

In order to pursue compensation for a car or motorcycle accident, an injured party must be able to prove that their accident was caused by another person’s negligence or recklessness. In traffic accidents, a statutory violation can support negligence allegations if the breach caused the injury, but in Alabama, the plaintiff cannot also be negligent if they hope to recover for their injuries.

That means if a motorcyclist was lane-splitting at the time of a traffic accident, they could be deemed fully or partially responsible for any resulting injuries or property damage. This is a particularly important consideration here in Alabama because the state follows the doctrine of contributory negligence when assigning fault in accident claims. Under our contributory negligence system, if an insurance company or court of law determines that you contributed in any way to your own accident, you will be disqualified from recovering any compensation.

But what if the other driver was really at fault?

Let’s say the other driver was texting at the time of an accident and failed to notice you riding between lanes beside them. Even if the driver suddenly swerves into your lane and causes you to wreck while they’re distracted, you might be out of luck when it comes to recovering compensation. Insurance companies or legal representatives will likely argue that you are not entitled to compensation because you were engaging in the illegal practice of lane-splitting at the time of your crash. While there might be an opportunity to fight back, such as by claiming that the driver’s behavior qualified as wantonness or violated the last-clear-chance doctrine, lane splitting will, at the very least, complicate your claim.

It’s important that you speak with a skilled motorcycle attorney to help you fight back against claims of contributory negligence.

A local attorney with ample motorcycle accident experience should be able to help you:

• Thoroughly investigate the crash and identify any and all facts that may have contributed to the outcome.
• Gather evidence that highlights the extent of the other driver’s negligence or contradicts claims that you were breaking the law at the time of the accident.
• Negotiate with insurance companies and fight back against common tactics used to delay or deny compensation to injured motorcyclists.
• Represent you in court in the event that a case cannot be settled via insurance negotiations or mediation.

It’s not uncommon for motorcyclists to encounter anti-motorcycle bias while attempting to reconcile an accident claim. Motorists, insurance companies, and even legal professionals may assume that a motorcyclist was driving recklessly at the time of a crash or otherwise “causing trouble” that may have contributed to an accident.

The right motorcycle accident attorney will fight to present the facts of a case for what they truly are, rather than relying on outdated assumptions when trying to determine who was at fault for a crash. In a motorcycle accident claim, you can’t afford to leave anything to chance, so it’s crucial that you find and partner with an attorney you can trust to fight for what’s right.

What to do after a motorcycle crash

Regardless of whether or not you were lane-splitting at the time of a crash, it’s important that you take steps immediately after an accident to preserve your health and protect your rights. Here’s a brief overview of what you should do if you’re involved in a motorcycle accident in the state of Alabama:

1. Move your bike to a safe location: If your accident takes place in a congested area, you should always move your motorcycle out of the flow of traffic as soon as you are safely able to do so.
2. Attend to injuries: Move quickly to address any injuries you may have suffered or attend to the injuries of any other involved parties while you wait for emergency medical services.
3. Call 911: If an accident results in injury, death, or significant property damage, you must immediately call 911 to report the accident and request the assistance of law enforcement and/or EMS. Keep in mind that you are legally required to report your accident to the state if it results in injury, death, or at least $250 worth of property damage. Even in less serious cases, it’s still best to call the police.
4. Document the scene: Take photos and/or videos of any road conditions, property damage, skid marks, hazards, or signs of injuries to preserve an accurate record of the impact of your crash.
5. Talk to witnesses: If anyone was present at the time of your crash, you should attempt to collect their contact information in case you need them to provide a statement to law enforcement, insurance adjusters, or legal counsel.
6. Consult with an attorney: Motorcycle accident cases can be complex, even under the best of circumstances. It’s wise to seek experienced legal representation as soon as possible after an accident to ensure you don’t inadvertently do anything to compromise your claim while speaking with insurance adjusters or other involved parties.

In the wake of your accident, it’s important that you refrain from making any statements that could be construed as admissions of fault. Social media posts, recorded conversations, and dashcam footage can all be used against you as a case unfolds, so you should exercise extreme tact while working through the details of your accident.

The bottom line

Even if you think lane-splitting will save you time or effort on the road, this illegal practice can cost you in the long run. In addition to compromising your safety, lane-splitting can also open you up to claims of liability after an accident and leave you footing the bill for exorbitant amounts of compensatory damages.

 

If you’ve been injured in a motorcycle accident, don’t leave your future up to chance. A trusted motorcycle attorney from Martin & Helms can help you fight back against common biases and advocate for your right to recovery. Fill out our online contact form or give us a call today to schedule a free consultation and discover why so many motorcyclists in Huntsville and the surrounding areas trust Martin & Helms to fight for their best interests after a serious crash.