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Lane Splitting and Motorcycle Accidents: Legal Considerations in South Carolina

By Whalen Montalvo | Published on December 5, 2024

Lane splitting involves a motorcycle traveling between two vehicles traveling in the same direction. Both lanes of traffic are moving, unlike in lane filtering, where traffic is stopped. A motorcycle’s narrow profile makes it relatively easy to fit between two vehicles; however, this comes with a price for inexperienced motorcyclists and unaware drivers.

There are legal considerations for accidents resulting from lane splitting. If you suffered severe injuries due to such a dangerous act, consider consulting with a South Carolina motorcycle accident attorney today.

Lane Splitting Laws in South Carolina

Motorcycle lane splitting is illegal in South Carolina.

Lane splitting and lane filtering are illegal in South Carolina.  State law entitles motorcyclists to an entire lane and forbids other vehicles from depriving a rider of such use.

State law also clearly dictates the following:

  • The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
  • No person shall operate a motorcycle between traffic lanes or adjacent lines or rows of vehicles.

Motorcyclists are allowed to ride two abreast in the same lane. However, engaging in lane splitting or filtering can result in traffic charges. While some states have passed laws allowing lane splitting or filtering, the practices remain illegal in South Carolina.

Lane Splitting Accidents: Liability & Legal Considerations

Illegal lane splitting can result in negligence and liability.

A lane-splitting motorcyclist can lose control, causing another driver severe harm. Due to their negligence, the motorcyclist is likely liable for the injuries they caused. Motorcyclists who cause such an accident face liability for the injured party’s medical bills, lost wages, and pain and suffering. If the accident results in the death of another driver or their passenger, the motorcyclist may face a wrongful death claim or lawsuit.

In accidents involving blood alcohol content (BAC) level above the state’s .08 legal limit, the motorcyclist may face criminal charges. Motorcyclists charged with driving under the influence (DUI) need a criminal defense attorney. Anyone harmed by such a driver should consult with a personal injury or wrongful death attorney.

In either scenario, the accused or the victim must act quickly. For defending a client or representing a plaintiff, South Carolina criminal defense and civil attorneys need time to review the facts.

How to Protect Yourself as a Motorcyclist

Alertness is critical when operating a motorcycle.

Sharing the road with other motorcyclists and drivers demands alertness. Drivers’ actions are impossible to predict, making defensive driving imperative for motorcyclists.

Operating a motorcycle requires a different skill set than driving a car. Motorcyclists can protect themselves by:

  • Wearing a helmet: While South Carolina law allows operators and riders age 21 and over to ride helmet-free, the right helmet could save your life.
  • Wearing reflective gear: Many motorcycle accidents occur because a driver does not see the bike. Reflective gear and bright colors can help attract attention to you and your bike.
  • Obey traffic laws: Avoid following others too closely, do not engage in risky behavior such as aggressive driving, and do not drink and drive.
  • Fully cover arms and legs: Cover exposed skin to avoid severe road rash in the event of an accident.

A motorcycle ride is an enjoyable experience when all road users share the road responsibly. Motorcyclists can protect themselves and others by staying in their lane and being alert to their surroundings.

What to Do If You’re in a Motorcycle Accident

Remain calm and seek medical attention.

A traumatic motorcycle accident can leave you upset and anxious, but you should be as calm as possible. The immediate aftermath of a motorcycle accident is crucial for your health and protecting accident evidence.

The following steps following a motorcycle accident help to protect your best interests:

  • Accept medical assistance: Allow yourself to be transported to the nearest medical facility. This cannot only save your life but also document your injuries.
  • Collect witnesses’ names and phone numbers: Eyewitness testimony can be valuable evidence in a criminal defense or civil case.
  • Do not admit fault: It is often human nature to apologize when involved with an accident involving injury. However, the less you say at the scene, the better for your defense or civil case.

A motorcycle crash scene is chaotic. Painful injuries, first responders, and bystanders make it challenging to think straight. If you experience a motorcycle accident, attempt to stay calm, respond to medics and law enforcement, and consider contacting an attorney.

South Carolina Motorcycle Accident Attorneys

Whalen Montalvo Attorneys at Law

Motorcycle riding comes with the freedom of the open road and the responsibility of obeying state laws. Lane splitting and filtering are illegal in South Carolina. Busy schedules and impatience may lead you to make the poor choice of splitting or filtering. The consequences of such a decision can negatively impact your life forever. Taking either action cannot get you further ahead in traffic but instead could land you in the hospital or legal trouble.

In some cases, another motorcyclist causes the accident, or another driver is negligent in a manner unrelated to lane rules. No matter how your accident occurred, you may need a South Carolina motorcycle accident attorney.

Attorneys James Whalen and Eric Montalvo have the skills and experience you need for your case. Whether your case is a defense case or a civil case, James and Eric will work hard to secure the best possible outcome of your case.

A criminal case can have dire consequences if it results in a conviction. A few examples are costly fines, possible jail time, and harm to your reputation and relationships. If you face a DUI charge from a motorcycle accident, let us work on your case with our defense skills.

South Carolina civil law is another place where James and Eric excel. Their knowledge of state motorcycle laws and personal injury laws helps guide victims through their pursuit of compensation.

Time is of the utmost importance when it comes to any legal case. Whalen Montalvo Attorneys at Law offers free consultations, leaving you nothing to lose. Learn more about your options for moving forward by contacting our office today: (864) 770-7710.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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