Is Motorcycle Lane Splitting Legal in South Carolina?

If stuck in traffic, you may have been tempted to weave through the gridlock by squeezing your motorcycle between the cars. After all, you’re on two wheels, and it seems like a quick and easy way to get ahead. This is called lane splitting and, before you make that move, you might wonder, “Is lane splitting legal in South Carolina?”

The simple answer is no, but the implications and discussions around lane splitting are anything but straightforward. In South Carolina, like in most states, lane splitting is not permitted, leaving many motorcyclists feeling restricted, especially when they see potential time savings slipping away in congested traffic.

The law is clear, but the reasoning behind it and the ongoing debates are more complex and affect every rider on the road. In this article, we’ll explore everything you need to know about motorcycle lane splitting in South Carolina.

What Is Lane Splitting? 

Lane splitting, also known as “white-lining,” might conjure up different images depending on your experiences. For some, it’s a motorcyclist cleverly zipping through traffic, a blur between lanes of cars stuck in a jam. For others, especially if you’re behind the steering wheel, a motorcycle weaving so close is an unnerving sight.

Lane splitting is where motorcyclists ride between lanes of slow-moving or stopped traffic. This maneuver allows riders to navigate through traffic congestions more efficiently than if they were confined to a single lane. It’s particularly common in urban areas where traffic can grind to a halt during peak hours.

But despite what many think, the idea behind lane splitting is not just about getting ahead faster.

For motorcyclists, it can sometimes feel safer than sitting vulnerably behind a car, especially in heavy traffic where the risk of a rear-end collision can be high.

Risks and Benefits of Lane Splitting

Lane splitting comes with its fair share of risks and benefits.

Risks of Lane Splitting

• Increased Accident Risk: Motorcyclists weaving between lanes can easily end up in drivers’ blind spots, making it harder for drivers to see them. If drivers change lanes without noticing the motorcyclist, this can lead to accidents.

• Close Proximity: Motorcyclists are much closer to other vehicles when lane splitting. Any sudden move by a car can lead to a collision.

• Driver Reactions: Not all drivers expect to see a motorcycle passing between lanes. This unexpected move can lead to sudden, sometimes aggressive, reactions from drivers, potentially causing accidents.

Benefits of Lane Splitting

• Reduced Congestion: For motorcyclists, lane splitting can mean getting through traffic faster than staying in the lane. This can reduce congestion overall, making the road less crowded.

• Lower Risk of Rear-end Collisions: Staying in motion rather than idling in traffic reduces the risk of being rear-ended by distracted drivers, a common type of accident for motorcyclists stuck in traffic jams.

• Less Exposure to Hazards: By moving past stopped or slow-moving traffic, motorcyclists spend less time on the road, reducing their exposure to potential hazards.

Is Lane Splitting Legal in SC?

In South Carolina, lane splitting is not legal. The state’s traffic laws are clear: it is prohibited for anyone to ride a motorcycle between lanes of traffic or between lines or rows of vehicles, as stated in S.C. Code Section 56-5-3640. If you’re caught lane-splitting in South Carolina, you could find yourself facing fines or other penalties.

Comparative Negligence in Lane Splitting Cases

If you sustained injuries in an accident involving lane splitting, a key issue will be determining who is at fault. Although lane splitting constitutes a traffic violation, if the other driver failed to signal before merging or committed another traffic infraction, both parties might share responsibility for the collision.

In South Carolina, under the modified comparative negligence rule outlined in S.C. Ann §15-38-15, plaintiffs can still recover damages provided their fault does not exceed 49 percent.

However, if you are found to be 50 percent or more at fault, you would not be eligible to receive compensation.

What To Do if You’re Involved in a Lane Splitting Accident in South Carolina 

Knowing what to do after you have been involved in an accident while lane splitting can help ensure your rights are protected. Here is what to do.

• Get Medical Attention: Even if you feel fine, it’s essential to get checked out by a medical professional as soon as possible. Some injuries, such as concussions or internal damage, may not be immediately apparent. A medical examination will document any injuries related to the accident.

• Call for Help: Once you’re safe, call 911 to report the accident. Even if the accident seems minor, it’s important to have law enforcement on the scene to document what happened. An official police report can be crucial later on if there are disputes about fault or if you need to file an insurance claim.

• Document the Scene: If you’re physically able, try to document the scene as thoroughly as possible. Take photos of your motorcycle, any other vehicles involved, the road conditions, and any visible injuries. This evidence can be invaluable when it comes to proving what happened during an accident.

• Exchange Information: Exchange contact and insurance information with the other parties involved. Be polite, but avoid discussing details about the accident or admitting fault. In the heat of the moment, it’s easy to say something that could be misconstrued later. Stick to the facts and let the authorities and insurance companies handle the rest.

• Consult a Lawyer: Since lane splitting is not legal in South Carolina, being involved in an accident while doing so complicates matters. Consult with an experienced motorcycle accident lawyer who understands the nuances of South Carolina traffic laws. They can guide you through the legal process, help determine liability, and work to protect your rights.

Contact Our Experienced Greenville Motorcycle Accident Lawyer

While lane splitting in South Carolina remains illegal, the circumstances surrounding your accident will play a crucial role in determining the outcome of your case.

Motorcycle accidents can be complicated, and the legal nuances can be overwhelming for anyone. Whether it’s determining fault, negotiating with insurance companies, or fighting for your rights in court, our Greenville motorcycle accident lawyers are equipped with the knowledge and experience to guide you through every step.

Contact David R. Price, Jr., P.A. at [phone] for a free consultation. We are committed to ensuring that our clients receive fair treatment and the compensation they deserve.