What You Need to Know About Lane Splitting in Washington

The slim design and easily maneuverable format of a motorcycle make it tempting for riders to bypass slow or stalled traffic by weaving between slow-moving cars or “lane-splitting.” While California allows motorcycle riders to share lanes with slow or stalled vehicles in order to pass them, this practice is not currently allowed in any other state, including Washington. However, there have been some updates on Washington’s lane-splitting laws that motorcyclists in the Evergreen State should be aware of before they hit the open road on any of the state’s scenic Pacific Northwest motorcycle routes, loops, highways, and byways.

What is Lane-Splitting?

While most people familiar with the term “lane-splitting” think of motorcycles, the term refers to either motorcycle riders or cyclists who maneuver past slower traffic by riding in the narrow spaces between lanes of traffic moving in the same direction. This practice is also sometimes called “white-lining.” There are several reasons a motorcyclist might engage in lane-splitting, and it isn’t always just to pass slow traffic and get where they want to go a little faster. Some riders believe it’s a safety risk to remain in a lane in bumper-to-bumper slow-moving traffic where they could easily be overlooked and rear-ended. Also, many motorcycles overheat when idling in stalled traffic for long periods of time.

Lane-splitting is not to be confused with the practice of “lane-sharing” which refers to two motorcycles occupying a lane by riding side-by-side.

Why Isn’t Lane-Splitting Legal in Washington?

Lane-splitting is legal in California—with the caveat that motorcyclists lane-split only when traffic slows to 40mph or below, and that riders only travel ten miles per hour faster than the slow traffic around them. Lane-splitting commonly becomes a subject of confusion and debate when California riders venture up the west coast and into Washington.

Back in 2019, Washington legislators attempted to pass a bill legalizing lane-splitting in Washington, which would have made it the second U.S. state to adopt the practice. The bill did not pass as it was initially written which followed California’s model. Importantly, however, a reform bill was passed in 2019 that allowed motorcyclists to lane-split only on the far left side of the left lane and only to pass slow or stalled vehicles. This type of lane-splitting has been legal in Washington since 2019.

Is Lane-Splitting Safe?

It’s disconcerting for drivers to see a motorcyclist approach and pass between traffic lanes as they do legally in California. For those outside of California, who are unaccustomed to this practice, it appears inherently unsafe. However, a Berkley study cited in the California legislature’s decision to legalize lane splitting, shows possible safety benefits for riders who lane split or filter their way forward through slow or stalled traffic.

According to the study, motorcyclists are safer when at the front of a line of traffic behind a signal light or intersection rather than remaining sandwiched between vehicles where a momentary distraction by a driver could result in the rider becoming crushed between the back end of one vehicle and the front end of another. The study found that lane-splitting motorcyclists suffer a lower percentage of serious injuries including the following comparisons:

• Head injuries at 9% vs. 17%
• Torso injuries at 19% vs. 29%
• Extremity injuries at 60% vs. 66%

The study found that lane-splitting decreased total injuries when traffic moves at less than 50 miles per hour and lane splitters exceeded the speed of surrounding traffic by less than 15 miles per hour. Lane splitting also allows motorcyclists to move into positions where they are more visible to other motorists. Some studies show that lane splitting is better for the health of the motorcyclists and the environment since extended idling in slow or stalled traffic emits more carbon dioxide into the environment and forces unprotected motorists to breathe the emissions from vehicles around them.

Penalties for Lane Splitting in Washington

Despite repeated attempts at legislation to legalize lane-splitting in Washington, it remains illegal under Washington law except when passing on the far left side of the left lane. If a law enforcement officer pulls over a Washington motorcyclist for the traffic infraction of lane splitting, they may receive a citation with a $136 fine. If the motorcyclist was also speeding, dangerously weaving, or engaging in other reckless behaviors they could receive additional penalties. Motorcyclists with a passenger face additional penalties for endangering another.

Causing an accident while illegally lane-splitting leaves the motorcyclists responsible for damages, or for a percentage of the damages if the other driver involved in the action also engaged in negligent or reckless driving action or was intoxicated.

What to Do After a Lane-Splitting Accident in Washington

After any motorcycle accident in Washington, it’s important to take immediate steps to protect yourself, even if you were lane-splitting. First, use your phone to call 911 to request police and paramedics if you are injured. If you’re physically able to move or even sit up in place, snap photos of your damaged motorcycle and any involved vehicles before they are moved from their spots by law enforcement restoring traffic flow. If the driver caused or contributed to the accident, add their contact information and the contact information of any eyewitnesses. Never admit fault or say anything that could be construed as admitting fault, such as saying “I’m sorry.” Then, go to a hospital and have treatment for your injury and a complete medical evaluation to catch any injuries with delayed symptom onset. Ask for a detailed medical report listing your injuries, the doctor’s recommendations for treatment, and your prognosis for recovery.

Call a motorcycle accident attorney in Washington before speaking to insurance adjusters.

Lane-Splitting and Washington’s Comparative Negligence Law

If a motorcyclist in Washington engages in lane-splitting in any way other than to pass significantly slow or stalled traffic on the far left side of the left lane and an accident occurs, they are likely to be found at fault and liable for the accident, meaning their insurance policy will have to pay out on personal injury and property damage claims for the accident victims. According to the state’s comparative negligence system, a motorcyclist may still recover some compensation for damages if the other party is found to be even partly at fault, for instance, if they were speeding, failed to signal, or otherwise contributed to the accident.

If you were involved in an accident and have questions about lane-splitting and accident liability, a Kent motorcycle accident attorney can help.