Lane splitting—the practice of motorcyclists riding between lanes of slow-moving or stopped traffic—remains a contentious issue in Texas. As Houston’s traffic congestion worsens in 2025, more motorcyclists are tempted to split lanes despite legal uncertainties. This practice raises important questions about safety, legality, and liability when accidents occur. If you’re a motorcyclist or have been involved in an accident with a lane-splitting motorcycle , understanding the current legal landscape is essential.
Current Legal Status of Lane Splitting in Texas
Unlike California, which explicitly legalized lane splitting in 2017, Texas law remains unclear on the practice. As of 2025, Texas has not passed specific legislation either permitting or prohibiting lane splitting. This legal gray area creates confusion for motorcyclists, drivers, and law enforcement alike.
The Texas Transportation Code doesn’t directly address lane splitting, but several provisions are often applied to the practice:
- Section 545.060 requires vehicles to stay within a single lane unless movement can be made safely
- Section 545.058 prohibits driving on the shoulder except under specific circumstances
- Section 545.363 addresses minimum speed regulations
Without explicit authorization, lane splitting technically violates the requirement to maintain a single lane. However, enforcement varies widely across Houston and surrounding areas, with some officers tolerating the practice in heavy congestion while others issue citations.
Failed Legislative Attempts
Texas has seen multiple attempts to legalize lane splitting, including House Bill 1571 in 2019 and Senate Bill 273 in 2023. Both bills would have permitted motorcyclists to ride between lanes when traffic is moving at 20 mph or less and the motorcyclist doesn’t exceed 25 mph. However, neither bill passed, leaving the practice in legal limbo.
Liability in Lane-Splitting Accident Cases
When accidents involve lane-splitting motorcyclists in Houston, determining liability becomes complex. Several factors influence how responsibility is assigned:
Comparative Negligence in Texas
Texas follows a “modified comparative negligence” system with a 51% bar. This means:
- If you’re found to be less than 51% responsible for an accident, you can recover damages, reduced by your percentage of fault
- If you’re 51% or more responsible, you cannot recover any damages
For lane-splitting motorcyclists, this often results in significant liability challenges. Without explicit legal authorization, lane splitting may be considered evidence of negligence, potentially pushing a motorcyclist’s fault percentage above the critical 51% threshold.
Common Liability Scenarios
- Vehicle changing lanes: If a car changes lanes without signaling or checking blind spots and hits a lane-splitting motorcyclist, liability may be shared.
- Door opening accidents: When a vehicle occupant opens a door into a lane-splitting motorcyclist’s path, comparative negligence principles apply.
- Sudden stops: If a lane-splitting motorcyclist rear-ends a vehicle that stops suddenly, the motorcyclist typically bears most or all liability.
Insurance Complications
Lane splitting creates significant insurance challenges:
- Many insurance companies automatically assign partial or full fault to lane-splitting motorcyclists
- Claims may be denied based on the argument that the motorcyclist was engaging in an illegal activity
- Policy exclusions may apply to “reckless” behaviors, potentially including lane splitting
These complications make it essential to have experienced legal representation when navigating insurance claims involving lane splitting.
Safety Considerations
Despite the legal uncertainties, research on lane splitting safety shows mixed results:
- A University of California Berkeley study found that lane splitting can be relatively safe when done at speeds no more than 15 mph faster than surrounding traffic
- However, the risk of injury increases significantly at higher speed differentials
- Lane splitting during heavy congestion on Houston’s highways may reduce the risk of rear-end collisions for motorcyclists
Protecting Your Rights After a Lane-Splitting Accident
If you’ve been involved in an accident involving lane splitting in Houston:
- Seek medical attention immediately, even for seemingly minor injuries
- Document everything about the accident scene, including lane positions, traffic conditions, and witness information
- Avoid discussing fault or making statements about lane splitting to insurance adjusters
- Consult with an experienced motorcycle accident attorney familiar with Texas’s complex lane-splitting liability issues
How The Stano Law Firm will Stand by You
At The Stano Law Firm , we understand the nuanced legal issues surrounding motorcycle lane splitting in Texas. Our experienced attorneys stay current on evolving legislation and case law affecting motorcyclists’ rights.
Get in Touch with The Stano Law Firm Today
Whether you’re a motorcyclist who was lane splitting or a driver involved in an accident with a lane-splitting motorcycle, we can help you navigate the complex liability and insurance issues. Contact us today for a free consultation to discuss your case and understand your legal options.