California motorcycle biker injury lawyer Norman Gregory FernandezI recently watched a video report from a local TV news channel in San Diego, that you can see by clicking here, and then searching on lane splitting.

It was surprising to me that most cagers (people in cars) did not realize that lane splitting is legal in the State of California. On a personal level, this would explain the reactions I get from people when I lane split. Some cars actually will try to cut off the lane, or honk at you as you go by in between lanes.

Hell I know what it is like to be in a car in bumper to bumper traffic, wishing I was on my motorcycle and so forth, but road rage does not explain what I have seen on the road. If most cagers do not know that lane splitting is legal, they may think in their own sick way that they are doing a public good by cutting us off or honking at us when we are doing a completely legal activity such as lane splitting.

I am calling on all bikers, biker websites, the AMA, MSF, ABATE of California, and anyone else involved in the motorcycle community to help educate the public.

Motorcyclists in the State of California are legally allowed to ride in between lanes or lane split. People in cars have no right to intentionally cut off motorcycles that are lane splitting, and should not be honking at us when we are lane splitting.

If a cager wants to get out of bumper to bumper traffic, then buy a motorcycle.

By Norman Gregory Fernandez, Esq., © 2007

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22 Comments

  1. Mike Werner

    Yeah, it’s strange. Here in France, lane splitting is not only legal, but encouraged.

    Cagers don’t like it when a bike sticks to the lanes when there’s heavy traffic. It makes the traffic jams bigger, so if bikes split lanes, there’s less traffic.

    Cars will move out of the way when a bike comes up, giving them space to ride in between. If the bike does split, they’ll hit the brakes, forcing you to split….

    Reply
  2. Sandie

    I wish it was legal in Florida. So, we try not to ride in bumper to bumper traffic. This town is not like living in a major city. I95 is the only interstate nearby and it is two lanes till you hit Palm Beach County about a hour south. This makes one appreciate state highways in a low population area. Then again, when we ride, it’s laid back…….never in a hurry to get some place.

    Reply
  3. Robin

    Your article is very good. I think it is necessary to let
    all bikers to know this. I wonder if you can post your article
    on the biker site BikerPals.com. I am a member on bikerpals.com.
    There are more than 210,000 users there.

    Reply
  4. Patti

    Interesting article and glad to find out what you all are doing is legal in California. I’m a “cager” with a whole different angle on this. I just don’t think it’s safe, I could’nt care less that you get to advance in traffic..it’s not about that at all. I am afraid I’m going to hit one of you! Often times when the speed limit is reduced you appear to be less secure on the bike and the bike starts to wane or sway. Sometimes I feel like you are going to ride right into me. There are also times when changing lanes I just don’t see you in my mirror, I’ve nearly hit you as you were going by. It’s not nearly as easy to get out of your way as it is for you to get out of our way. Though not a biker, I’ve ridden them and enjoyed them. You assume that just because of the legality..that it is safe. I can’t read your mind either. Just MHO.

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  5. Patti

    Just a follow up to your answer and I don’t want to get into splitting “hairs” here,however, I have 35 years worth of driving experience in California and can say that in all that time I have maintained an excellent driving record and have never been in an accident. (count on wood)

    I never said that I relied on my mirrors entirely, I ALWAYS look over my shoulder, sometimes more than once and use my mirror at the very last second before moving over etc. and I am always cognizant that a biker could be there.

    I am glad you are covering both aspects of this discussion. I am more than happy to share the road with you! Please just don’t assume that we all resent you, sometimes we just don’t see you.

    Reply
  6. CMyIP

    Dear Esquire,

    I found this site earlier this evening and posted about the hilarious proposition that loud pipes save lives. Our family had a good laugh over it at dinner. Thanks for the fodder!

    Lane splitting is LEGAL in France? My dad got a good laugh over this ignorant statement – where did you get this junk?

    In general, lane splitting is for idiots. Your life is in danger when you lane-split for two important reasons. One – you are altering the flow of traffic in an unpredictable way that creates unpredictable situations on a small vehicle. I typically see lane splitters speeding as well, which doubles the risk. Second – you are attempting to usurp the territory of other drivers who are in a state of stress. This is also dangerous to your health. Do not underestimate the potential for violence of individuals who are in a state of extreme stress due to traffic problems. This behavior also stigmatizes the perception of others toward motorcycle riders as being selfish and lawbreaking fools, which many are.

    I started riding motocross when I was 13 and am now almost 50 – an age where I’m getting too old to ride a motorcycle safely because my reflexes are diminishing. I’ve never understand this stupid yarbling about “rights” and putting the blame on “cagers” for accidents. With most of the fools, it’s a matter of substituting “rights” for “responsiblity”. But no, the last thing that most dickie bikers would EVER do is take responsibility for their own actions.

    The easy excuse, Esquire, is made of the stuff that you say on this blog – big brother is trying to stop us from doing this-and-that. Well, ya know, if there weren’t so many stupid people riding motorcycles, it wouldn’t have come to this! If I were you, I’d spend more time trying to change behavior than trying to fight restrictions. If behavior changes, then restrictions will no longer be necessary.

    The bottom line – if you’re going to ride a motorcycle, you need to have your head screwed on straight – REAL straight. You’re on a small vehicle and you’re exposed to the elements. Judgement is much more difficult because of exposure to stimulation not found in a closed vehicle. You need to RESPECT automobile drivers instead of acting like they are your enemy! All of this “cager” crap reeks of them/us mentality. Bikers are responsible for most of their own accidents that occur on the road, but they’d rather put the responsibility on cars.

    My belief is that if you want to make things better for motorcycling and motorcyclists, quit being a dickie. Real men don’t make excuses. Take responsibility for yourself and for the risk of riding a motorcycle. The loud pipes don’t make you a badass and they don’t save you from accidents – stop fooling yourself.

    There is a certain nobility to riding a motorcycle. It would really great if the host of this blog would emphasize this instead of the poser crap that goes with it.

    This may do it for me…I feel like I’m the only sane one in the asylum here…

    Thank’ee for yur time,

    CMyIP

    Reply
  7. sandie[Member}

    Norm: I just read your article three times and I did not see any place you mentioned France. I would like to point out that our young children are now taking standardized tests for reading, writing and aptitude before they can graduate from high school because so many people can’t read and if they do know the words they do not comprehend what they have read. Hence, Florida’s FCAT which one must pass at two levels in their education between grades one and twelve. The overall 21 NFL draft pick Reggie Smith graduated from Palm Bay High School in Palm Bay, Florida. He was to walk for his diploma in 2003 and was given a full scholarship for University of Florida and could not pass the FCAT so he had to go to summer school and then to Kansas for college and his sophomore year he went to UF and has dropped out after his Junior year to play with the Jacksonville Jags. I see people here that have a reading and comprehending problem as well.

    Reply
  8. Roger

    I rode bikes both street and dirt for 16 of my first 32 years. I used to lane split
    when it seemed appropriate (stalled traffic), and rarely got any negative reactions. I
    do remember, though, one time sitting in traffic as a “cager”, with my window down, and
    all of a sudden (so it seemed) there was a guy just outside my car rapping up his
    harley with straight pipes. It just about made me come off the seat because it was so
    loud and so close, and I guess he was just coasting along, as I hadn’t even been aware
    he was coming. I had a negative reaction, I can tell you!, although I didn’t display it
    and it was over almost that quick, but it scared the poo out of me for a second. Having
    said that, I have nothing against riders who carefully split. It is the road racers and
    such that rip through at unsafe speeds (whether traffic is stopped or flowing at 60 MPH)
    that make me want to take out the stinger missle launcher and drill them!

    Reply
  9. David

    From Calif. and was recently told that if splitting lanes (legal) and you are involved in an accident, you are always considered at fault.
    How can this be true if you are doing something that is considerd legal??
    Was also told, quite some time ago, that to legally split lanes you are to travel at no more than 5 MPH faster than the surrounding traffic.
    Any truth to these?

    Reply
  10. David

    Post a blog article on SeekBiker com. I believe this article will be very hot among the bikers in California and France. You will get some comments for real French bikers.

    Maybe it is good for your business too. LOL…

    Reply
  11. Opie

    Wonder how many states have lane splitting. I don’t believe it is legal in Washington. Do you know which states due or don’t?

    Reply
  12. Frank Banda

    I’ve been reading this blog about CA law. I ride a motorcycle less often than I’d like to, usually have to resort to being a “cager” in order to transport kids or keep the Suit perky. Recently in stalled traffic in humid 90 degree weather on a 4 lane highway in Eastern MA I resorted to lane splitting in order to get to the next exit just so I could get off the highway. Boy, people really hate you for this. I was getting people swerving toward me trying to close off the space, people charging up on my behind when I had to get back into a lane, pretty hostile stuff. I can only imagine that these select “cagers” are so pissed that they have to sit in slower traffic that they just can’t stand the idea that someone is able to get a little ahead of them. I am a psychiatrist, I ride a pretty quiet bike, and I have seen this from many different perspectives here in the crazy Northeast, so I am pretty sure about this. Someone inquired about laws in different States. I was trying to check out MA laws and the following is a cut and paste from a mass.gov website where they recommend prudent behavior and not riding between lanes, but they don’t really say that it is illegal. I guess I’ll have to find a good MA lawyer who can give me a definite answer to this question. Thanks for your blog, and keep the rational discussions coming!

    “LANE SHARING
    It is recommended that motorcycle riders avoid sharing lanes
    with other vehicles. All motor vehicles are permitted to use the
    full lane of travel to ensure safe operation. Motorcycle riders
    are prohibited from riding alongside motor vehicles within a
    marked travel lane. Position the cycle in the center of the
    travel lane to discourage motorists from attempting to squeeze
    by the cycle. Motorists are more prone to this type of behavior
    when traveling in heavy traffic, passing vehicles, turning, and
    entering or exiting highways. Further, a responsible rider
    recognizes the potential for injury and avoids traveling between
    rows of stopped motor vehicles.
    CARS ALONGSIDE
    It is recommended that motorcycle riders avoid riding
    alongside other motor vehicles. Experienced riders recognize
    that vehicles traveling in the adjacent lane may unexpectedly
    change direction forcing the rider into a potentially dangerous
    situation. Adjust cycle speed until a proper and adequate
    cushion of space has been established between vehicles.”

    Reply
  13. Mike DeGeiso

    As a motorcycle enthusiast I can see both the good and bad here, both from the motorcyclists point of view.

    A lot of times it can be really frustrating in traffic on a hot day with all the gear on, you just want to get moving and get the air flowing through again. There is plenty of room to get past so why not?

    On the other hand, and more my viewpoint, I never know what’s going to happen. Some person decides they need to get out when the traffic is stopped and a door comes open right in front of you, or someone decides to make a quick lane change. It just seems very dangerous.

    I guess if you are going to do it and you know the risks, fine, but like others have said, being cagers you can’t always see a bike and don’t even know that they’re there. So for motorcyclists, be careful and always expect the worse.

    Ride Safe.
    Mike D

    Reply
  14. Mike

    I would recommend any motorcyclist take a course run by police motorcycle riders. At least in the UK, these guys are the absolute masters in what they term “defensive riding” it is basically a system of riding that encapsulates the comments by Norm and Mike, and once you have taken it you definitely would have a different perspective on maneuvers like lane splitting. Is it Legal? Maybe. Is it Safe? No, it is a calculated risk, and one which have a number of unknowns, most of whom are sitting behind the wheels of very expensive stationary cars going apeshit at the thought of a two wheeler going past them.

    Its fun though innit?

    Best regards, Mike

    Reply
  15. Norman Gregory Fernandez

    We have many cars that will try to get out of our way too. But the majority just sit there. Some actually try to cut us off.

    I have to ride France one day!

    Norm

    Reply
  16. Norman Gregory Fernandez

    You have a right to your opinion Patti! Bikers have a duty to ride safe, just as cagers have a duty to drive safe.

    When you are changing lanes you are supposed to look over your shoulder and not just rely on your mirror. As far as I know this is the law in all 50 states. The mirrors are for a convenience but you are technically supposed to look over your shoulder.

    Now that you have read this article, maybe you will at least have it in your mind that a biker could be there when you change lanes!

    My article has nothing to do with whether lane splitting is safe. My article is to inform everyone including you that it is legal! I am sure I have another article on here somewhere that talks about safe lane splitting.

    Norm

    Reply
  17. Norman Gregory Fernandez

    I agree 100% Patti. Believe it or not, I drive cars too. It would be very difficult to go to Court in the morning on a motorcycle. I don’t think the suit would hold up very well 🙂 Believe me, if I could ride a motorcycle to Court and still look good when I get there, I would!

    Bikers and Motorcyclist should know that we are difficult to see in many circumstances. It is part of our training to get into positions where we are seen. I have written many articles on this subject.

    I really do appreciate your comments because maybe the bikers who visit here will hear the prospective of a CAGER 🙂

    We all have to be careful on the road. More people are killed in motor vehicle accidents each year in the country, than were killed in Vietnam in 10 years!!

    Thanks for your comments Patti, and keep coming back!

    Norm

    Reply
  18. Norman Gregory Fernandez

    France? Are you out of your mind? My article refers to as California. Do you have any clue why lane splitting is legal in California? 2 reasons; (1) Motorcyclist are completely exposed to the elements and other vehicles except for the clothes that they are wearing, and/or their helmets. Lane Splitting is legal in California because the legislature realized that motorcyclist were safer in heavy traffic conditions if they are able to lane split because they are more likely to suffer injuries in an accident if they are left exposed in bumper to bumper traffic conditions just sitting there; and (2) Many motorcycles are air cooled and they overheat very quickly in bumper to bumper conditions on the road, thus increasing the risk of harm to the motorcyclist.

    Educating people as to why lane splitting was made legal was not the point of my article. The point of my article was to let people know that it is.

    Everyone is entitled to their own opinion on here. I will no longer allow your bash comments. If you want to debate a subject on an intellectual level, we can do that all day long. Resorting to name calling or personal insults does not need to be done to disagree with someone. All you need to do is argue your point and leave it at that.

    Sanity is a state of mind. I guess the State Legislature, the CHP, and every other biker that lane splits is insane according to you, because they are engaging in a completely legal activity, that is allowed for legitimate reasons. I guess you could call me insane too because I also engage in the completely legal activity of lane splitting.

    The more likely answer is that you are either insane or have some bone to pick for whatever reason.

    I do agree with you that there are legitimate safety issues for not lane splitting on motorcycles. However, there are also legitimate safety issues for lane splitting. The key is that civil debate will hopefully in the end raise everyone’s awareness and increase safety for all bikers. I think that you may have legitimate motorcycle riding experience that could help the 1000’s of visitors to this Blog each day. I invite you to write a motorcycle safety article and I will publish it and give you full credits!

    I hope you take me up on my offer. Other than that, cut the bashing and insult shit and just stick the facts.

    Just and FYI, I deal with motorcycle accidents on a daily basis, and the vast majority of them are caused by bikers being hit by cars (“Cagers”). Others are caused by rider error, and/or riding with alcohol impairment.

    When you see a dead bikers brains all over the road because grandma’s phone call on her cell phone was more important than paying attention to the road, you will kind of understand where I am coming from. When you see a biker all fucked up with broken bones, and a punctured lung in the hospital with half of their skin off of their body because some idiot decided to switch lanes without looking, than you will kind of understand where I am coming from. I deal with the aftermath of Cager negligence for a living. I am one of the lawyers that injured bikers turn to when they get taken out by cagers. Seeing a guy that has no face due to no fault of his own tends to make you a little biased.

    So step up to the plate and write a motorcycle safety article, or sit in the grandstands and have your laugh.

    Keep Both Wheels on the Road.

    Norm

    Reply
  19. Norman Gregory Fernandez

    In my experience as a motorcycle injury lawyer, the CHP always seems to put the lane splitter at fault for accidents that occur while a rider is lane splitting. That is why you need to call a biker lawyer like me to deal with these cases. I had one instance where a client who was lane splitting was not put NOT at fault on the CHP report, and that was because a DA investigator was a witness who saw a truck move right into my guy while he was splitting lanes. In this particular accident my guy was splitting the diamond lane but not crossing the double yellow and he was doing about 55 mph!

    In most cases, the only witnesses are in bumper to bumper traffic and they don’t see anything except for the biker or motorcyclist “riding fast” between the cars. The is the bias and prejudice against bikers that I always write about.

    The general rule is you should only be riding no more than 10-15 mph when traffic when lane splitting. It won’t matter if there is an accident. The CHP will always write in the report that biker was riding at an unsafe speed and was at fault. I take these case and win these cases, because the CHP report is hearsay and not admissible as evidence for any purpose. Since the CHP did not witnesses the accident, they can only testify as to what they were told by witnesses. If the witnesses are not formally trained to estimate speed, their testimony is not competent, so you therefore usually end up with the bikers word against the cager who hit them. Since lane splitting is legal, well you get the picture. Also with expert testimony it is pretty easy to see what the speed of the motorcycle was.

    Normal PI lawyers do not understand how to win these cases. I do!

    Norm

    Reply
  20. Norman Gregory Fernandez

    Opie I am not sure. I have not compiled listings for other states. I know the AMA has a grid of laws on their site. I am not sure if it includes lane splitting. I think it does. Their site is down right now.

    Norm

    Reply
  21. Norman Gregory Fernandez

    You hit the nail on the head Mike. We need to ride like we are invisible, and recognize that splitting lanes is dangerous if not done right. It is also dangerous on an air cooled bike to sit in traffic as well. Further we are at risk for great harm if we are rear ended in traffic.

    At least for me, I split lanes when it is safe.

    Norm

    Reply

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