Motorcyclists are vulnerable. As found by researchers at the National Highway Traffic Safety Administration (NHTSA), nearly 80% of motorcycle crashes result in rider injuries. All motorcyclists need to know the rules of the road. You may be wondering: Is motorcycle lane splitting in South Carolina? The answer is “no”—it is a prohibited practice. Here, our Charleston motorcycle accident lawyer explains the key things you should know about lane-splitting laws in South Carolina.
What is Motorcycle Lane-Splitting?
Broadly defined, motorcycle lane-splitting is the practice of a motorcyclist riding between lanes of slow-moving or stopped traffic. Why do riders do it? It can help motorcyclists navigate congestion more efficiently—and potentially even reduce the risk of rear-end collisions. While lane-splitting is legal in some states, it remains prohibited in most of the country, including in South Carolina.
South Carolina Does Not Allow Lane-Splitting (Illegal)
You cannot split lanes while on a motorcycle in South Carolina. It is a banned practice. South Carolina explicitly prohibits motorcycle lane-splitting under traffic laws. Under South Carolina Code § 56-5-3640, motorcyclists are not allowed to operate between lanes of traffic or overtake vehicles within the same lane.
The law requires motorcycles to follow standard traffic rules. Among other things, that means that they are required to occupy a full lane like other motor vehicles. Notably, while two motorcycles may ride side by side in a single lane, a motorcyclist cannot pass another vehicle in the same lane. Violating lane-splitting laws in South Carolina can result in a traffic citation.
Can a Motorcyclist in South Carolina Bring a Claim After a Lane-Splitting Crash?
Yes, but it can be challenging. A motorcyclist in South Carolina can bring a claim after a lane-splitting crash. However, the insurance company may try to hold them responsible for the crash. Remember, lane-splitting is illegal in South Carolina. A rider involved in a crash while engaging in this practice may be found partially or fully at fault.
South Carolina follows a modified comparative negligence rule (51 percent bar rule)—meaning a motorcyclist can still seek compensation if they are less than 51 percent at fault for the accident. Insurance companies and opposing parties may argue that the motorcyclist’s illegal lane-splitting caused the crash. To strengthen a claim, the rider must provide strong evidence that another driver was legally responsible for the crash through negligence. No matter the specific circumstances of your case, our Charleston motorcycle accident lawyer can help you fight for the maximum financial compensation, including for motorcycle repairs, medical bills, lost wages, and pain and suffering.
Schedule a Free Consultation With Our Top Charleston Motorcycle Accident Lawyers
At Query Sauter & Associates, LLC, our Charleston motorcycle accident attorneys fight aggressively for justice and compensation for victims. If you have any questions about a lane splitting crash, please do not hesitate to contact us for a free case review. With a law office in Charleston, we fight for the rights of motorcycle crash victims throughout South Carolina.