Although I am a biker lawyer, I try to ride my motorcycle as much as possible when I do not have to be in Court, especially now that gas prices are through the roof. Bumper to bumper traffic here in Southern California is another incentive to commute on my Harley Davidson motorcycle as well.

Speaking of gas prices and traffic; here in California many people are not only commuting more and more to work on their motorcycles, but many new motorcyclist are buying motorcycles to beat the traffic and the high gas prices as well.

Luckily for us bikers and motorcyclist, lane splitting is legal in the State of California. As a matter of fact, the State of California is one of only a couple of States that legally allow lane splitting.

What is Lane Splitting? I know many of my Biker Law Blog readers are experienced bikers and motorcyclist, and know what lane splitting is, however many of my readers are from other States, or are new riders, so I will offer a quick explanation of what lane splitting is.

Lane splitting in a nutshell is riding your motorcycle in between lanes on freeways, interstates, or roads. In California it is legal to ride between the lanes on the dotted line, so long as you are riding no more than 15-20 miles faster than the flow of traffic. Obviously this would be different on a public street where the speed limit is only 35 miles per hour.

Lane splitting is legal in this State because the legislature determined that it is safer for a biker or motorcyclist to not be parked in bumper to bumper traffic totally exposed with a risk of being rear ended, and because air cooled motorcycles require a constant flow of air to keep from overheating. This is another subject.

Anyway getting back to the fine art of lane splitting while riding your motorcycle in California; if there is one word I can use to describe what you need to exercise while lane splitting, it would be CAUTION!

Although lane splitting is legal, it takes the utmost caution and attention to be done safely, especially during the morning commute when cagers are in a big rush to get to work and not necessarily looking out for you when they switch lanes.

I regularly ride my motorcycle in a morning commute to downtown Los Angeles from the San Fernando Valley that is arguably one of the most treacherous morning drives for a biker or motorcyclist. I take the 118 freeway east to the 5 freeway South to the 110 freeway south, to Downtown Los Angeles! The traffic is an utter nightmare and there is no diamond lane or carpool lane to rely upon. (In California motorcycles can legally ride in Carpool lanes.) Some would argue that the 405 freeway is worse but I beg to differ.

Interstate 5 is the main artery up and down the State of California, and all of the big rig trucks and every other thing you can think of is on this freeway in the morning. It is so bad that I only see a few other motorcycles most mornings riding this route.

What I personally have learned lane splitting during morning commutes on the 5 freeway and the 110 freeway, is that literally every man and women are out for themselves.

Regularly there are rear ender or other types of accidents, and everyone is constantly switching lanes while in a rush to get to work in the bumper to bumper traffic. There are cagers on cell phones, putting on makeup, drinking coffee, etc. You get the picture.

So what is the best way to lane split; in my opinion the best position to be in is between the number 1 and number 2 lanes. (The number 1 lane is the left most lane, and the number 2 lane is the lane next to it to the right.)

If you are going to lane split you need to get into what I call the zone. It is almost a meditative state of utter concentration. You must look for any sign that a car or truck is going to cut in front of you, veer towards you, or even intentionally cut you off because they are pissed that you can beat the traffic and they cant.

I was lane splitting behind a motorcycle police officer the other day and he got cut off!!

You must be prepared to stop or switch into lanes at a moments notice. This is only possible if you are not going too fast. Pay special attention to trucks and SUV’s because they cannot see you and they take up most of their lane. Sometimes you will have to wait until there is an opening before you pass. Sometimes you will even have to stop to ensure that you have enough room to get between the cars while splitting lanes. Often time’s cars will move enough to give you room to pass, other times they seem to intentionally cut you off.

It can very hairy while lane splitting on your motorcycle. A split ½ second could mean the difference between making it in between the cars or being taken out. This is why you must, and I repeat must exercise extreme caution. You must assume that the cars do not see you. Pay extra attention when you approach a situation while lane splitting where there is a gap in a lane next to you. Assume that a cager will try to fill that gap to beat the traffic. If you rush into the gap you just might be taken out by a cager. Be careful!

I cannot tell you how many lane splitting accident cases I have handled as a biker lawyer. It is dangerous; there is no doubt about that.

If you do not feel comfortable lane splitting, then don’t do it! Furthermore do not let others pressure you to ride beyond your limits. Know your limits!

Lane splitting takes knowing your bike, staying in a low gear and using lots of front brake when needed.

I myself have no problem blowing my Mini-Beast Air Horn if I feel like a cager is closing me off, or about to cut me off.

Lane splitting will ultimately save you time and money in bumper to bumper traffic if done right. Get into the zone and do not speed!

Keep Both Wheels on the Road!

By Norman Gregory Fernandez, Esq., © 2007