Lane splitting is perfectly legal in California when done safely.  That said, ~17% of all motorcycle vs. car accidents involve lane-splitting, so it can be a dangerous maneuver.  Ironically, accidents involving lane-splitting tended to leave the motorcyclists less injured than other types of motorcycle vs. car collisions – perhaps due to the reduced speed present when lane-splitting occurs ( think: rush hour traffic).  Studies have shown that motorcyclists are not subject to increased likelihood of injury if their lane-splitting speeds are 15 mph slower than the flow of traffic.  Perhaps not coincidentally, California Highway Patrol typically will cite lane-splitters if they are traveling more than 15mph faster than the flow of traffic (CVC 22350: Unsafe Speed For Conditions).  Still, motorcyclists should use extra caution when lane-splitting.  In a 2012 study conducted by the California Office for Traffic Safety, almost half of all drivers said they thought lane-splitting was illegal, two-thirds said they disapproved of it, and 7% admitted they had swerved to block a motorcycle trying to lane-split (<– unbelievable!).

Even though lane splitting is legal in California, you should know that when accidents happen, motorcyclist usually are found to be at fault despite the fact that CVC 21658 states that drivers can only change lanes when it is reasonably safe to do so (that includes ensuring a motorcycle isn’t legally lane-splitting).  Again, this is one place where the public bias against motorcycles makes things more difficult for injured riders. However, often times after we thoroughly investigate these types of cases, we are able to establish that it was the car driver who caused the accident in violation of CVC 21658, allowing for our clients to be fully compensated for their injuries.