No, lane splitting is not legal in North Carolina. While state law does not specifically address lane splitting, it prohibits a motorcycle from sharing a lane with a motor vehicle. Motorcycles are entitled to take up full lanes of travel, and must do so when riding or passing. Illegal lane splitting can lead to fines and penalties.
If you were injured in a lane-splitting accident, a Wilmington motorcycle accident lawyer can help you understand your legal options.
What Is Lane Splitting?
Lane splitting refers to the practice of a motorcyclist riding on the painted line between two lanes of same-direction traffic. Rather than keeping to one lane only, a lane-splitting or lane-filtering motorcyclist rides on the line that divides two separate lanes. It is most commonly done between parallel lanes of slow-moving or stopped traffic, with the purpose of allowing the motorcycle to skip the lines of cars.
Is Lane Splitting Dangerous?
Lane splitting is a controversial subject that has the motorcycle community divided. Some believe it is a safe practice, citing reasons such as the motorcyclist spends less time on the road, there are overall reductions in traffic and a motorcyclist can avoid getting rear-ended.
However, other riders and safety experts express concerns over how safe it is for a motorcyclist to be traveling at a higher rate of speed than surrounding traffic, while in close proximity to surrounding drivers who may not see them and may try to change lanes on top of them. Most states have upheld their bans on lane splitting, although some (including California) now allow it.
North Carolina’s Lane Splitting Laws
Whether or not a motorcyclist in North Carolina believes lane splitting is safe, he or she is not permitted to engage in this practice under state law. Although no statute explicitly mentions lane splitting or lane filtering, North Carolina General Statute §20-146(d)(1) states:
A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
Under this roadway law, no motorcyclist can legally ride on the line between two lanes. Motorcycles must remain entirely within one lane at a time, and riders may only change lanes or pass other vehicles when it is safe to do so and by entering the next lane over.
Who Is At Fault for a Lane Splitting or Lane Filtering Accident?
If a traffic accident occurs while a motorcyclist in North Carolina is lane splitting or lane filtering, either on a city street or state highway, the motorcyclist will typically be held responsible. Since this practice is prohibited in North Carolina, doing it is a legal violation that can lead to a negligence per se claim against the rider.
Negligence per se is a legal doctrine that makes someone liable, or legally and financially responsible, for an incident without requiring any further proof of negligence beyond a broken law. If there is proof that the individual violated the law at the time of the accident, this is generally enough to hold that person liable for damages.
However, there may be exceptions in special circumstances. If a motorcyclist was lane splitting out of necessity, such as to avoid a car that was merging on top of them or to try to prevent a rear-end collision, the motorcyclist may not be assigned fault.
It is critical for an investigation to carefully determine the facts of a lane-splitting accident case, as North Carolina uses a contributory negligence system. A victim will be entirely barred from recovering financial compensation if he or she contributed to the accident at all. If you get involved in a lane-splitting collision in North Carolina, it is important to protect your rights by hiring an experienced motorcycle accident lawyer.