Lane splitting is a practice where motorcyclists take advantage of the small size of their vehicles and ride in between lanes of slow-moving or stopping traffic. While it is allowed in some jurisdictions, motorcycle lane-splitting is banned by law in South Carolina. No matter the situation, you cannot lawfully split lanes while on public roads on a motorcycle in our state.
In this article, our Columbia motorcycle accident attorney provides an overview of motorcycle lane-splitting laws in South Carolina and we explain how liability works for these crashes.
What is Motorcycle Lane-Splitting?
Motorcycle lane-splitting is a practice where a motorcyclist rides between lanes of stopped or slow-moving traffic—and, in doing so, moves faster than the vehicles around them. This maneuver is typically performed on multi-lane roads—often highways—where motorcyclists can take advantage of the space between vehicles to navigate through congestion. For example, during a traffic jam on a multi-lane road, a motorcyclist might engage in lane-splitting by carefully riding between lanes of cars that are inching forward.
Motorcycle lane-splitting is regulated largely at the state level. While legal in some places—most notably, California—it is banned in many jurisdictions, including in South Carolina.
An Overview of Motorcycle Lane-Splitting Laws in South Carolina (Lane Splitting is Illegal)
You cannot lawfully split lanes while on a motorcycle in Columbia or elsewhere in South Carolina. Even if traffic is stopped and you believe that you have plenty of space to do so in a safe manner, lane-splitting is a prohibited practice. Under South Carolina law (South Carolina Code § 56-5-3640), motorcycle lane-splitting is unlawful in all circumstances.
In South Carolina, motorcyclists caught lane-splitting are subject to legal penalties. They may include fines and points on their driving record. For motorcyclists, understanding and complying with local traffic laws is crucial to avoid penalties and to ensure that they are not held liable should an accident happen.
Key Things to Know About Motorcycle Lane-Splitting Crashes in South Carolina
South Carolina is a fault-based motor vehicle accident jurisdiction, including for motorcycle crashes. The at-fault party—whether a driver, motorcyclist or any other party—can be held liable for the damage sustained in a collision. Here are two key things to know about motorcycle crash liability and lane-splitting in South Carolina:
- Lane Splitting Motorcyclist Likely Presumed at Fault: A key point to remember is that motorcycle lane-splitting is illegal in South Carolina. You cannot lawfully do it. Traffic violations are negligence. A motorcyclist involved in an accident while lane-splitting is likely to be presumed at fault. The presumption stems from the violation of traffic laws that explicitly prohibit this maneuver. When an accident occurs under these circumstances, the motorcyclist’s actions are typically seen as inherently negligent. The simple reason is that they engaged in an illegal activity that could foreseeably lead to a collision. A motorcycle should be prepared to prove that lane-splitting either did not happen or was not a factor in the crash if they can do so. That could change the finding of fault.
- Motorcycle Crashes Can Be Complicated (Investigation a Must): Despite the likely presumption of fault against lane-splitting motorcyclists, motorcycle accidents in South Carolina can be extremely complex. No motorcyclist is automatically at fault for an entire crash, even if they were engaging in lane-splitting. Scenarios where the fault may be shared. For example, consider a situation where a motorcyclist is lane-splitting and, at the same time, a car that is speeding abruptly changes lanes without signaling. That car collided with the motorcyclist. While the motorcyclist might initially be presumed at fault for lane-splitting, the car driver’s failure to signal and check for clear traffic before changing lanes can also contribute to the fault. In such cases, South Carolina’s comparative negligence rule may apply. The lane-splitting motorcyclist may only be at fault for a small share of the blame.
Every motorcycle wreck in Columbia should be thoroughly investigated by an experienced attorney. Fault matters—and it can be complicated to figure out, even in a motorcycle lane-splitting accident case. An experienced Columbia motorcycle accident attorney can investigate your crash and help you gather the evidence that you need to prove fault and protect your rights.
Statute of Limitations for a Motorcycle Accident Claim in South Carolina
Personal injury claims are time-sensitive. Under South Carolina law (S.C. Code § 15-3-20), there is a three-year statute of limitations for personal injury lawsuits, including motorcycle accident injury cases. What happens if you do not take legal action before the deadline runs out? You should lose out on your opportunity to recover compensation at all.
There are very few exceptions to the statute of limitations in motorcycle accident claims. You should take a proactive approach: Set up a free consultation with a top Columbia, SC motorcycle crash lawyer as soon as possible.
How Can Columbia Motorcycle Crash Attorney Christopher R. Hart Help?
Were you involved in a motorcycle crash? Are there allegations of lane-splitting? You must have a top-rated lawyer on your side. You cannot trust any insurance company to step out and willingly offer you the maximum financial compensation. Our founder and principal lawyer Christopher R. Hart has extensive experience representing motorcycle crash victims With many client testimonials and a proven record of results, we fight for justice for injured riders.
Our firm is committed to helping motorcyclists get justice and the maximum compensation after a crash, including motorcycle repairs, medical bills, lost income, and pain and suffering.
Schedule a Free Consultation With a Top Columbia Motorcycle Accident Lawyer Today
At Hart Law, our Columbia motorcycle accident attorney has the professional legal experience that you can trust. If you or your loved one was involved in a lane-splitting crash, we are here to help. No matter the circumstances of your case, professional guidance and support is available.
Reach out to us by phone or contact us online for your no-cost, no-strings-attached case review. Our firm represents motorcycle accident victims in Columbia and throughout the entire region.