Lane splitting is the practice of a motorcycle rider riding between lanes of slow-moving or stopped traffic. Under South Carolina law, lane splitting by motorcycles is illegal. Riders cannot lawfully do it in or around Charleston. If lane splitting causes a crash, a motorcyclist could potentially be denied compensation. However, the specific circumstances always matter. Here, our Charleston motorcycle accident attorney provides an overview of the key things to know about lane splitting in South Carolina
What is Lane Splitting on a Motorcycle?
Simply stated, motorcycle lane splitting is a practice where a motorcyclist rides between lanes of slow-moving or outright stopped traffic. When doing so, he or she maneuvers along the lane dividers to advance through congestion. You may hear this motorcycle technique referred to as “white-lining” or “stripe-riding.” A lot of riders like it because they can bypass traffic jams. However, it is not allowed in all states.
South Carolina Law is Clear: Motorcycle Lane-Splitting is Illegal
Motorcyclists beware: Lane splitting is banned by South Carolina law. Under South Carolina Code Section 56-5-3640(c), “no person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles.” In other words, the statute prohibits motorcyclists from riding between lanes. A violation can lead to a fine.
The Bottom Line: You cannot lawfully lane split on a motorcycle in Charleston or elsewhere in South Carolina. Lane splitting is a banned practice.
Motorcycle Lane Splitting Crashes and Liability in South Carolina
South Carolina is a fault-based motorcycle accident state. The party deemed at fault for causing a crash can be held liable for the resulting damages. Regarding the ability of a motorcyclist to bring a claim for a crash that occurred while lane splitting in South Carolina, that is allowed, but it can be hard to bring a claim. Our state’s modified comparative negligence rule applies to these types of motorcycle accidents.
In South Carolina, a victim can recover damages if they are found to be less than 51 percent at fault for the accident. However, any compensation will be reduced by their percentage of fault. Given that lane splitting is illegal in South Carolina, a motorcyclist involved in a crash while engaging in this practice may be deemed partially at fault for their own crash. If the motorcyclist’s fault is assessed at 50 percent or less, they may still recover damages, but it will be reduced by their percentage of fault. If found to be more than 50 percent at fault, they would be barred from recovery.
Speak to Our Charleston, SC Motorcycle Accident Attorney Today
At Query Sauter & Associates, LLC, our Charleston, SC motorcycle accident lawyer is a skilled, experienced advocate for justice. If you have any questions about your case, please do not hesitate to contact us for a free, no obligation case review. With an office in Charleston, we fight for justice and the maximum compensation for motorcycle crash victims throughout the wider region.