- 1. Contributory Negligence in Georgia
- 3. Complicating Liability in Close-Call Cases
- How a Personal Injury Attorney Can Help
- Can You Still Recover Damages If You Were Lane-Splitting?
Do Lane-Splitting Laws Affect Your Motorcycle Accident Claim?
📍 Brought to you by 770GoodLaw – Georgia Motorcycle Accident Attorneys
📞 Call (770) 214-4309 for a Free Case Review
Few modes of transportation inspire the sense of liberation and immediacy as motorcycling. But for all its thrills, it’s a form of transit that exists within complex legal, cultural, and infrastructural frameworks—especially when accidents occur. One of the more hotly debated issues in motorcycle law is lane-splitting: the act of maneuvering a motorcycle between lanes of slowed or stopped traffic.
When a collision happens during or near such a maneuver, questions of fault and legality inevitably arise. Is the rider breaking the law? Does lane-splitting void an injury claim? And how do Georgia courts view this practice?
If you’ve been injured in a motorcycle crash while lane-splitting—or accused of causing one—this blog post, authored by the legal team at 770GoodLaw, will help clarify your rights, responsibilities, and the impact this practice can have on your accident claim.
What is Lane-Splitting?
Lane-splitting refers to when a motorcyclist rides between two lanes of traffic moving in the same direction—typically between slower or stationary vehicles. Riders cite advantages like reduced traffic congestion, shorter commute times, and enhanced rider safety during stop-and-go conditions (where rear-end collisions are more likely).
Yet for all its utility, lane-splitting remains legally murky in most states, including Georgia.
Is Lane-Splitting Legal in Georgia?
The short answer is: No.
As of 2024, Georgia law does not recognize lane-splitting as a legal practice. According to O.C.G.A. § 40-6-312, motorcyclists are prohibited from riding between lanes of traffic or between adjacent rows of vehicles.
That means if you are lane-splitting in Georgia—regardless of how cautious you are—you are technically violating state law.
This statutory detail becomes pivotal when personal injury claims or insurance disputes follow a motorcycle crash.
How Lane-Splitting Affects Motorcycle Accident Claims
Motorcycle accident claims hinge on the legal principle of fault. Who acted negligently? Who violated traffic laws? And to what extent did each party contribute to the accident?
1. Contributory Negligence in Georgia
Georgia follows a modified comparative fault rule, meaning you can still recover compensation so long as you were less than 50% at fault. But your damages are reduced proportionally.
Example: If you are awarded $100,000 in damages but found 25% at fault (perhaps due to lane-splitting), your compensation drops to $75,000.
Lane-splitting can be used as evidence that you acted negligently—even if another driver’s behavior also played a role.
2. Insurance Adjusters Will Leverage Illegality
If you’re involved in an accident while lane-splitting in Georgia, insurance companies will not hesitate to point to the violation of O.C.G.A. § 40-6-312 as evidence that you contributed to the incident.
This can lead to:
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A reduction or denial of your claim
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Lower settlement offers
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Arguments that you assumed the risk by engaging in a prohibited maneuver
3. Complicating Liability in Close-Call Cases
Liability in motorcycle accidents often hinges on split-second decisions: sudden lane changes, brake failures, blind spots, distracted driving. When lane-splitting enters the mix, establishing who is at fault becomes more complex.
For instance, a car that veers slightly into another lane may seem obviously at fault—unless a motorcyclist was illegally riding between lanes at high speed. Suddenly, the claim is no longer clear-cut.
How a Personal Injury Attorney Can Help
If you’ve been injured in a motorcycle crash while lane-splitting—or accused of causing one—don’t navigate the aftermath alone. At 770GoodLaw, we specialize in motorcycle accident litigation across Georgia.
Our attorneys will:
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Investigate the crash in detail
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Review police reports and camera footage
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Collect eyewitness statements and expert opinions
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Strategically challenge or contextualize any claims of illegal lane-splitting
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Maximize your compensation, even in shared-fault scenarios
📞 Call (770) 214-4309 for a free consultation.
Can You Still Recover Damages If You Were Lane-Splitting?
Yes—under certain conditions.
Because Georgia uses comparative fault, you are not automatically barred from recovery if you were lane-splitting. You may still be entitled to compensation if the other driver’s negligence was more substantial.
However, you must be able to show:
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The other driver acted carelessly (e.g., texting, speeding, abrupt lane change)
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You were riding cautiously despite the lane-splitting
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Your maneuver did not directly cause the crash
What Kind of Evidence Helps Your Claim?
Your best protection isn’t just a helmet—it’s evidence. If you’re in a motorcycle crash involving lane-splitting:
📝 Document the Scene
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Take photos of the road, your motorcycle, and any damage
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Photograph skid marks, broken mirrors, or impacted lanes
🎥 Collect Video Footage
Many intersections and businesses have surveillance cameras. Dash cam footage from your own or other vehicles can also be crucial.
👮 Get a Police Report
An official accident report can help document the circumstances and may include a statement about whether lane-splitting was a factor.
🧾 Seek Immediate Medical Attention
This creates a medical record, ties your injuries to the crash, and prevents insurers from claiming you weren’t hurt.
Pro Tips for Georgia Motorcyclists
Even if lane-splitting remains illegal in Georgia, there are safe and legal ways to minimize risk and strengthen any future claim.
✅ Ride Defensively
Assume that other drivers don’t see you. Give extra space and avoid blind spots.
✅ Avoid Temptation in Traffic
Yes, it’s frustrating. But that gap between lanes isn’t worth the legal exposure if something goes wrong.
✅ Know the Law Before Traveling Interstate
Lane-splitting is legal in California, conditionally legal in Utah, and being considered in other states like Arizona and Colorado. Knowing the laws across state lines is essential when traveling.
✅ Carry Proper Insurance
Make sure your motorcycle policy includes:
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Uninsured/Underinsured Motorist Coverage (UM/UIM)
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Medical Payments (MedPay)
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Collision and Comprehensive
Some insurers even offer policies excluding lane-splitting liability. Read your terms carefully.
Conclusion: Navigating the Legal Road Ahead
Motorcycle accidents are complex. Add in a controversial maneuver like lane-splitting, and the legal terrain becomes even more challenging to navigate. But just because you were lane-splitting does not automatically mean you forfeit your right to compensation.
At 770GoodLaw, we believe in fighting for the rights of motorcyclists—especially when the odds seem stacked against them. Whether you’re facing a denied claim or a contested injury case, our attorneys can help you present the facts, challenge unfair assumptions, and pursue every dollar you’re owed.
📞 Call us today at (770) 214-4309 or visit our website to schedule your free case evaluation.
Accident?
Our team of experienced car accident professionals is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future–let us be your advocate in this challenging time. Contact us today at 770Goodlaw.