By: Armada Law LLC December 20, 2024

Is Lane Splitting Legal in South Carolina? The Facts Explained

What Is Lane Splitting?

Motorcycle lane splitting is when a motorcyclist rides in the same direction between lanes of traffic on the adjacent lines. Also known as white lining, lane splitting is done to avoid traffic on roads that have multiple lanes of traffic going the same way.

Lane splitting is often argued as a way to protect motorcycle riders from being involved in rear-end collisions and assists with easing traffic congestion. However, opponents argue that lane splitting is a reckless maneuver and can increase the risks of motorcycle accidents. Currently, there is only one state that legally permits lane splitting. Lane splitting in South Carolina remains illegal and is for all states except for California.

Is Motorcycle Lane Splitting Legal in South Carolina?

As mentioned above, lane splitting is illegal in South Carolina, with the only exception being granted to police officers who are performing their official duties. South Carolina makes lane splitting illegal due to the risks involved. If a motorcycle rider were lane splitting at high speeds, they could collide with another car, which could send them into the path of oncoming traffic.

Due to the inherent dangers of lane splitting, it is not legal per South Carolina law. Lane splitting according to the law states that no motorcyclist is permitted to ride between lanes of traffic or adjacent lines of vehicles. Those performing a lane split between a lane occupied by other vehicles will likely be issued a citation for a traffic violation by police officers.

Can Motorcyclists Ride in the Same Lane in South Carolina?

While lane splitting is illegal, riding in the same lane is legal in South Carolina. This practice is known as lane sharing. Lane sharing involves having two motorcycles riding abreast in a single lane heading in the same direction.

Since traffic lanes are wide enough to fit one motor vehicle and motorcycles are smaller than cars, they can ride side by side. A single lane occupied by two motorcycles is not a traffic violation like lane splitting.

Lane Splitting vs Lane Sharing vs Lane Filtering: Understanding the Differences

In South Carolina, all motorcyclists need to understand the differences between lane splitting, lane sharing, and lane filtering. Both lane filtering and lane splitting in South Carolina are illegal actions. The difference between lane filtering and lane splitting is that lane filtering is done by riding the motorcycle between rows of slow moving or stopped traffic.

Motorcycle riders often lane filter at a red light whereas with lane splitting, they are riding on the white lines between the lanes. Regardless of the differences, you should not engage in these practices while on your motorcycle. If you are caught lane splitting or lane filtering, you can expect a citation from police officers.

As for riding in a single lane directly next to another motorcyclist, lane sharing is perfectly legal in the state of South Carolina.

What Happens When There Is a Motorcycle Accident Involving Lane Splitting?

In South Carolina, if you are involved in a lane-splitting accident, you’ll naturally have questions about your legal rights. While a motorcyclist isn’t allowed to ride between lanes of traffic, you may still be able to hold the other driver responsible for your injuries.

Civil litigation cases that involve lane-splitting motorcyclists are complicated so it is in your best interest to discuss the legal process with a motorcycle accident lawyer. In any motorcycle accident in South Carolina, the motorist who caused the crash will be held responsible for the damages, including medical bills, lost wages, and property damage.

However, due to the comparative negligence rule in South Carolina, if you were lane splitting at the time, which is an illegal action, it may result in your getting partial blame. As long as you are 50% or less responsible for your motorcycle accident, you can still recover compensation.

How Comparative Negligence in South Carolina Can Impact Compensation Awards for Motorcyclists

South Carolina comparative negligence will allow you to still recover compensation for your injuries as long as your portion of the blame is equal to or less than the other driver’s role in the accident. Motorcyclists should keep in mind that drivers of other vehicles are seldom held to as much scrutiny.

Essentially, motorcyclists are often made out to be daredevils who ride recklessly, especially by insurance companies. If you get into an accident while riding your motorcycle and you were lane splitting, insurance companies will use it against you to reduce your settlement. The most likely scenario is that the insurer will claim that your lane splitting was the cause of the accident, increasing your fault. They could then use this to completely deny your injury claim.

How Can an Attorney Help with a Motorcycle Accident Even When Lane Splitting Is a Factor?

Since only law enforcement officers performing official duties can break the lane splitting rule, it can be a huge challenge to recover compensation in a motorcycle accident. Even if you weren’t lane splitting, you could be accused of this driving behavior.

Many motorcycle riders are surprised to be met with this accusation when they were simply trying to pass other vehicles on the road. Since South Carolina is an at-fault state, it is easy to see why other motorists may try to pass the buck and blame you when their own negligent behaviors were the reason the accident occurred.

Regardless of what happened, hiring a lawyer is the best way to safeguard your legal rights and avoid unfair blame. Here is what attorneys do to help victims in these scenarios:

Investigate and Gather Evidence

Many motorcycle riders are severely injured in these accidents and are rushed to the hospital for emergency medical care. In the aftermath of a motorcycle crash, your health and well-being are of utmost importance. However, you may not have had the chance to document the accident or get the evidence needed to support your case. With an attorney, you’ll have an advocate who can launch a deep investigation utilizing the expertise of accident reconstructionists and traffic camera footage to prove the facts of the case.

Determining the Full and Fair Value of Your Compensation

Another issue for injured motorcyclists is that insurance companies will try to make them believe they are more at fault for the crash. They’ll use this as a way to press urgency, claiming that they won’t be able to pay them more than the offered sum.

If you were hurt in an accident, you will have major medical expenses that could include an ambulance ride, hospital stay, multiple surgeries, assistive medical devices, medications, and physical therapy. You will likely be unable to work until you recover from these injuries. For a large number of victims, these injuries are life-altering, making it impossible for them to work in their former capacity.

Medical costs and lost income alone include a lot of money that you could be falsely led to believe you don’t deserve. If another driver was careless, they should be held responsible for causing you to incur all of these expenses.

Negotiating For What You Deserve

Perhaps the most compelling reason to obtain legal counsel after an accident involving lane splitting is that an attorney will know how to negotiate the deserved amount of compensation. In addition to factoring in past expenses, they will look at what is needed in the future to prevent you from sinking further into debt.

If negotiations don’t produce the desired result, your lawyer will be prepared to take your case to trial. It can be too much to handle if you don’t understand all aspects of the state’s laws or legal precedents that may be relevant to your case.

While lane splitting isn’t something you are allowed to do in this state, you may still be able to collect compensation when another driver has crashed into you while on your motorcycle. Every case’s circumstances are unique, and it is highly advisable that you set up a free consultation with an attorney to learn more about your legal options.

Armada Law is committed to fostering awareness of motorcyclists and promoting safety on our roads. If you were hurt in a motorcycle accident, contact us today to schedule a free consultation.