Breaking Down Lane Splitting Laws in Texas: Is It Permitted?

What Are the Laws Around Lane Splitting?

Lane splitting involves the practice of a motorcyclist driving in the space between two lanes of traffic when a traffic jam or an accident occurs on a freeway or other road. In most states lane splitting is illegal, and is punishable with a fine, or worse, in the event that an accident occurs when attempting to pass another vehicle in this manner.
In jurisdictions where lane splitting is permissible, it is simply thought to be safer for a motorcyclist to split the lane and get past a traffic jam than to be rear-ended by another motorist as they attempt to merge back into the commuting stream.
While lane splitting is not illegal in Texas for motorcycles, the law does not clarify if it is legal or not . Most motorcyclists simply consider it to be legal in Texas in the absence of clear laws against this driving behavior.
However, in the event that a motorcyclist is involved in an accident while lane splitting which is due to another motorist’s negligent behavior, if the motorcyclist who is lane splitting is found to be at fault for the accident, this could be considered a violation of Texas traffic law.
Interestingly, in courts where lane splitting is permissible, attempting to run between stopped vehicles in this manner is not faultable to the extent of being considered wanton or reckless behavior worthy of retrial.

The Current Law on Lane Splitting in Texas

According to the Texas Transportation Code, motorcycles are allowed to share a lane with another vehicle so long as there are at least two wheels in contact with the roadway. The statutes do not go into much more detail on the subject, so the Texas Department of Transportation (TxDOT) has stated that they do not consider lane splitting as defined above to be legal.
While the law does not explicitly permit or prohibit lane splitting, it demonstrates that the Legislature has a basic understanding of motorcycles that explains the practice. This implies that lane splitting is not expressly prohibited by the Legislature and that the practice is in a bit of a gray area in the current statutes. In 2015, a House Bill was introduced to expressly permit lane splitting for motorcycles, but it did not pass. With no statute or rule directly permitting lane splitting, and TxDOT stating that the practice is not legal, the only formal directives were issued by the Texas Court of Appeals First District in Texas Department of Transportation v. Jackson, 245 S.W.3d 766 (Tex. App.—Texarkana 2008, no pet.). In this case, the Court of Appeals determined that lane splitting was not part of the normal flow of traffic and that it was dangerous, thus lane splitting required consent from the driver of the other motor vehicle. In other words, per the Court of Appeals, you cannot lane split without the consent of the driver of the "other" vehicle with which you are splitting the lane. It is also important to note that certain motorcycle brands have specific limitations about closing the handlebar on their motorcycles to a certain "gap" of inches, usually 4.5 to 5 inches. The motorcycle manufacturer places this onto a warning sticker on the motorcycle warning against closing the gap to the width of a hand (which would bring the handlebar closer against the body of the motorcycle) because scientific studies and injury biomechanics experts have documented that injuries have occurred to riders who have closed the handlebar to the width of a hand because the leverage required increases the rotational moment and makes the human compartment more susceptible to injury.

How Lane Splitting Section Compares to Other States

The legality of lane splitting in the United States varies from state to state. In California, lane splitting has been legal since the 1970s. Lane splitting has been illegal in most other states, but that is beginning to change. For example, in Utah, on May 8, 2021, the Utah state legislature passed a law that permits lane splitting. Nevada also permits lane splitting. In fact, Nevada is one of the most permissive states because Nevada has some of the worst freeway traffic in the country. Lane splitting is also permitted in Colorado and Arizona. In Connecticut, legislation permitting lane splitting has been proposed for many years but has yet to pass.
So presently, there are jurisdictions near Texas where lane splitting is legal. Recently, Oklahoma, Louisiana, and Alaska have considered legislation permitting lane splitting, but those attempts have failed. What does that mean for Texas motorcyclists?
While national trends vary, and Texas legislators have not taken action to ease restrictions on lane splitting, first-hand experience shows that enforcement of Texas’s lane splitting law is not vigorous. The Texas Transportation Code does not specifically define lane splitting, though it does define unsafe lane changes, but enforcement is left to officers’ discretion in the moment. Rather, Texas DPS guidelines allow lane splitting as long as the motorcyclist utilizes the left lane and sufficiently clears the vehicle.

The Benefits and Downsides of Lane Splitting

Proponents of lane splitting offer a number of arguments in support of the practice. They argue that lane splitting helps to reduce congestion and improve efficiency by moving motorcycles and other two-wheeled vehicles out of slow-moving or stopped traffic and out of the way of other larger vehicles. This means that more vehicles can be moved through a traffic area because a greater number of motorcycles can "squeeze" between stopped or slow-moving traffic than other motor vehicles. Lane splitting also provides safety benefits to motorcycle drivers by ensuring they are not sandwiched between two larger vehicles, which is especially prevalent in scenarios where one vehicle is trying to change lanes and may inadvertently squeeze a two-wheeled vehicle off the roadway .
Opponents of lane splitting, however, see no benefits to allowing the practice in Texas and note that lane splitting should be banned. They argue that the mobility of the motorcycle puts the driver at an increased risk for an accident with larger vehicles simply because of the proximity of the two vehicles on the roadway. Any collision between a motorcycle and a truck, bus or even a car would mean catastrophic injuries for the motorcyclist, while the driver of the larger vehicle may be uninjured or suffer only minor injuries.
Opponents point out that lane splitting can cause frustration among other drivers on the roadway, who have little experience with the practice. Lane splitting can also be abused if not done properly, leading to more accidents and injuries.

Safety Effects of Lane Splitting on the Roads

Supporters of lane splitting argue that it helps to reduce traffic congestion and allows motorcyclists to stay out of harm’s way in heavy traffic situations. As noted, however, the Texas legislature has been reluctant to embrace lane splitting as an alternative to current traffic laws. For example, in 1999, the legislature rejected a bill that would have allowed lane splitting and, in 2009, a Texas senator, one who specified that he was a motorcyclist, proposed to the legislature a bill that would prohibit lane splitting. Again, the legislature did not support the bill.
The research on the impact of lane splitting on road safety is still couched in hypotheticals, but advocates have pointed to several studies that support their position on the benefits of allowing motorcyclists to lane split. In 2014, a study was conducted in California to determine how many motorcyclists lane split and how many accidents result from this practice. It was concluded that nearly half of all California motorists had observed a motorcyclist lane splitting and that lane splitting probably has little impact on how frequently motorcyclists are involved in traffic collisions. The researchers specifically noted that the thoroughness of these observations among large numbers of drivers makes it likely that California motorcyclists lane split more than is otherwise acknowledged.
Quoting the motorcyclecruiser.com website, researchers found that "lane splitting and filtering [driving through traffic to the front line at red lights] is a very common practice in other countries with a significant motorcycling population, such as France, Spain, Italy, and Taiwan." For example, a five-year study conducted in France found that lane splitting had no negative impact on motorcycle accident rates. Additionally, a summary of traffic accident rates in Sweden indicated that lane splitting had reduced accidents for motorcyclists by nearly 60 percent.

Will Lane Splitting Be Permitted in Texas Moving Forward?

Both the Texas House and Senate have held public hearings on lane splitting legislation in recent years, but no bill has been passed into law. As awareness grows regarding lane splitting as a method for increasing safety and a reduction in traffic congestion, legislators will likely take an increasingly keen interest in developing legislation that addresses this issue. A bill allowing lane splitting was introduced in the House in 2015 , but was not voted on by the full House. Legislators and public safety organizations in the state of California are also still working towards legalizing lane splitting. While lane splitting is an accepted and common practice in many other states and countries, Texas has yet to approve any law allowing motorcyclists to do so. Until legislation is approved, the only lanes riders are allowed to split are those marked "lanes open to motorcycles."