Who Is at Fault for a Lane-Splitting Accident in California?

 Posted on June 10, 2025 in Car Accidents

Anyone who lives in California, especially the Los Angeles area, knows that the roads are in a near-constant state of congestion. To combat this issue, California legalized lane splitting in 2017 with guidelines for doing it safely.

Unfortunately, car and motorcycle accidents still occur, and because California is an at-fault state, the victims of negligent drivers have the right to seek compensation from the person responsible for the accident. If you were injured in a lane-splitting accident and someone else is at fault, a Glendale, CA auto accident attorney can help.

What Does California Law Say About Lane Splitting?

Instead of restricting lane splitting, California offers guidelines for how to do it safely. For example, motorcyclists are expected to go no faster than 10 miles per hour more than the traffic around them, and they should not split lanes if traffic is moving above 30 miles per hour. They also have to remain alert to traffic conditions, trying to avoid cars that change lanes suddenly.

Motorcyclists are also encouraged to stick to the left lanes because lane changes occur less frequently in that area. Ideally, they should avoid lane splitting next to commercial trucks, buses, RVs, and other larger vehicles. Finally, one strict rule is to avoid riding on the shoulder. This is illegal and does not fall under lane splitting.

Who Can Be Liable for Damages in a Lane-Splitting Accident in California?

Under California Civil Code § 1714, the person responsible for an auto accident is also liable for the resulting damages. In a lane-splitting accident, a driver could be at fault if they were speeding, changing lanes without a signal, changing lanes without verifying that the road was clear, or purposefully blocking a rider from splitting.

A motorcyclist could be at fault if they were doing any of the following:

• Speeding or generally going faster than is reasonably safe based on the road and traffic conditions

• Failing to yield the right-of-way when a driver has signaled that they intend to change lanes

• Weaving recklessly in and out of traffic

• Not using signals to indicate their maneuvers

• Following another rider too closely

Sometimes, both parties share fault for the accident. In that case, an injured party could potentially still recover damages under California’s pure comparative negligence law. For example, if the motorcyclist suffered severe injuries but was found to be 20 percent at fault for the accident, they could still recover 80 percent of the total value of their damages. Seeking legal counsel is the most efficient way to adequately value an auto accident claim and receive the maximum damages recoverable from an accident.

Contact a Los Angeles, CA Auto Accident Attorney for a Free Consultation

If you recently suffered an injury in a lane-splitting accident, the LA County motorcycle accident lawyers at Tahmazian Law Firm, P.C. can help you determine who is at fault and liable for your injuries. Insurance adjusters generally look out for the company’s best interests, trying to protect their bottom line. We will look out for you. Call 818-242-8201 to schedule your free consultation today to discuss how we can help you build a strong claim and recover the compensation you need.