Texas riders love the open road, and there are so many wonderful opportunities in the state to enjoy it. From the sweeping desert views near Big Bend National Park to long stretches of highway near the Hill Country, Texas offers some of the most scenic motorcycle routes in the nation. But growing traffic congestion has made riding more difficult and more dangerous.
Some riders try to move through stopped or slow-moving traffic by lane splitting or lane filtering. But is lane splitting legal in Texas? Unfortunately, the answer is no. If you suffered injuries in a motorcycle accident while lane splitting or filtering, you may wonder whether you still have the right to seek compensation (you might).
At Tawney, Acosta & Chaparro P.C., our award-winning team fights aggressively for injured riders in Texas while giving every client the personalized attention they deserve. Understanding Texas’s lane-splitting law is an important first step in protecting your rights after a crash, so let’s discuss your basic rights below.
Call (575) 222-1000 or send us an online message today for a free consultation.
What Are Lane Splitting and Lane Filtering in Texas?
Lane splitting happens when a motorcyclist rides between lanes of moving traffic traveling in the same direction. Riders may do this to move through congestion faster. Lane filtering is similar. It usually refers to a motorcycle weaving between stopped or slow-moving vehicles, often near intersections or traffic lights.
Many riders ask:
- Is lane splitting legal in Texas?
- Can you lane split in Texas?
- Is lane filtering legal in Texas?
In general, the answer to all is no. Recent changes in the law have made these practices officially illegal, and getting in an accident while engaging in them could affect your right to compensation in a claim.
What Is the Texas Lane Splitting Law?
In September 2023, an important new lane-splitting law went into effect in Texas.
The new statute gives motorcyclists the right to full use of a lane, but it also makes it clear that riders cannot:
- Operate a motorcycle between lanes of traffic moving in the same direction,
- Pass another vehicle in the same lane, or
- Ride more than two motorcycles side-by-side in a single lane.
The goal of the new law is to improve roadway safety and provide clearer guidance for both drivers and riders. At the same time, many riders might feel frustrated sitting in heavy traffic instead of enjoying Texas’s scenic roads and wide-open spaces. Still, the lane splitting that Texas riders may once have considered common practice is now expressly prohibited by law.
How Can Lane Filtering or Lane Splitting in Texas Affect My Claim?
Even if a Texas rider engages in an illegal practice, that does not automatically prevent them from recovering compensation after a crash. However, if you were lane splitting, you may have a harder time obtaining compensation, and if the other party was lane-splitting, you may have a stronger case against them.
No matter what happens, don’t walk away from a claim before talking to a knowledgeable attorney. Our skilled team can help you recover the maximum compensation available in any case.
Proving Negligence
Many accident claims are based on negligence.
To prove negligence in a motorcycle accident claim, you generally must show:
- The other party owed you a duty of care,
- The other party breached that duty,
- The breach caused the accident, and
- You suffered damages.
Riders and drivers owe each other a duty to operate their vehicles safely and in compliance with traffic laws.
Insurance companies often try to use the Texas lane-splitting law against injured riders. They may argue that the rider caused the crash by violating the law, which can affect the value of a claim. If both parties are at fault, each party’s percentage of fault becomes a deciding factor in how far their claims can go.
A Rider May Be Barred from Recovery If They Are More Than 50% at Fault
Texas law bars recovery if an injured person is more than 50% responsible for the accident. Insurance companies know this rule and often try to push the majority of the blame onto motorcyclists. That is why strong legal representation matters after a serious motorcycle crash.
An At-Fault Rider’s Compensation May Be Reduced
If the injured rider is 50% or less at fault, they may still recover damages. However, the recovery may be reduced by the rider’s percentage of fault.
For example, if your total damages are $100,000, but you are 20% at fault for the accident, your final recovery would likely be $80,000. The experienced motorcycle accident attorneys at Tawney, Acosta & Chaparro P.C. can work to challenge unfair blame and maximize your damages by presenting evidence that shows how the crash actually happened.
How Long Do You Have to File a Motorcycle Accident Claim in Texas?
Texas generally gives injured riders two years to file a personal injury lawsuit. Missing the deadline could seriously damage your claim and may prevent your financial recovery entirely.
Certain exceptions can also affect the deadline. And claims involving government entities may involve shorter notice requirements.
Speaking with an attorney as soon as possible after a crash can help you protect important legal rights.
Contact Us Today
Is lane splitting legal in Texas? No. But if you were lane splitting right before suffering injuries in a motorcycle crash, that violation does not have to be the end of your case. Talk to us now.
Our legal team at Tawney, Acosta & Chaparro P.C. takes on insurance companies and at-fault drivers in a way that makes others stand up and take notice. We have decades of combined experience, and our lawyers have received several honors from the legal community. We focus on your unique needs, and we fight hard for your rights. Please call us at (575) 222-1000 or fill out our online form today to schedule a free consultation.
Frequently Asked Questions
How Long Have Lane Splitting and Lane Filtering Been Illegal in Texas?
House Bill 4122 officially made lane splitting and lane filtering illegal in Texas, beginning September 1, 2023.
Can I Still Recover Damages If I Was Lane Splitting or Filtering When My Accident Happened?
In many cases, yes. Even if you violated the Texas lane splitting law, you may still recover compensation if you were 50% or less at fault.
How Long Do I Have to Make a Claim?
You typically have two years from the accident date to file a lawsuit.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- National Park Service, “Big Bend: Paved Roads.”
- Texas Parks & Wildlife, “Hill Country.”
- Texas clear lanes, “The challenge.”
- Skilled Motorcyclist Association, “Lane Splitting.”
- Texas House Bill No. 4122 (2023).
- Texas Department of Transportation, “88th Regular Legislative Session (2023) Summary of Enacted Transportation and General Government Legislation” (p. 44).
- Operation of Motorcycles on Roadway Laned for Traffic, Texas Transp. Code Ann. § 545.0605 (2023).
- Proportionate Responsibility, Texas Civ. Prac. & Rem. Code Ann. § 33.001 (1995).
- Amount of Recovery, Texas Civ. Prac. & Rem. Code Ann. § 33.012 (2005).
- Statute of Limitations, Texas Civ. Prac. & Rem. Code Ann. § 16.003 (1995).
- Government Notice, Texas Civ. Prac. & Rem. Code Ann. § 101.101 (1985).
Alejandro Acosta is a lifelong El Paso resident and a skilled trial lawyer with extensive experience in Texas and New Mexico courts. He graduated from Cathedral High School and later St. Mary’s University before earning his J.D. from the Sandra Day O’Connor College of Law at Arizona State University, along with an Indian Legal Certificate for his work with tribal nations. Licensed in Texas since 2008 and New Mexico since 2011, Alejandro co-founded Tawney, Acosta & Chaparro P.C. to advocate for individuals and families seeking justice after serious injuries.
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