Lane splitting in South Carolina is illegal under state law. If you ride a motorcycle, you must follow the same rules as other motor vehicles when it comes to maintaining a single lane. South Carolina Code states that motorcycles are entitled to the full use of a lane, and no motor vehicle shall be driven in a manner that deprives any motorcycle of that use. This means cars cannot crowd you, but it also means you cannot drive between rows of stopped or moving vehicles.
Lane splitting in South Carolina carries legal penalties and can impact your ability to get money if you are in a wreck. The state follows a rule called comparative negligence. This means if you were lane splitting when a car hit you, a court might say you are partly responsible for the accident. This could lower the amount of money you receive for your medical bills and bike repairs.
Violating these statutes can lead to traffic citations and affect your ability to recover money if an accident occurs. Insurance companies often use a violation of lane laws to argue that a rider was at fault for a crash. Our Greenville motorcycle lawyers explain the difference between lane splitting and lane filtering below.
Lane Splitting vs Lane Filtering: What’s the Difference?
While both actions involve a motorcycle moving through traffic in ways that cars cannot, they are different maneuvers. Many people use the terms interchangeably, but lawmakers and safety experts view them differently.
What Is Lane Splitting?
Lane splitting happens when a motorcyclist drives between two rows of stopped or moving traffic. This usually occurs on highways or multi-lane roads when traffic is flowing but heavy. The rider travels at higher speeds than the surrounding cars.
Lane splitting in South Carolina is strictly forbidden. The state views this as a dangerous practice because car drivers do not expect a motorcycle to pass them within their own lane. Because motorcycles are smaller, they can easily fall into a driver’s blind spot. If a car changes lanes while a biker is splitting, the results are often life-changing or fatal.
What Is Lane Filtering?
Lane filtering is a bit different. This happens when traffic is stopped at a red light or a stop sign. The motorcyclist slowly moves between the stopped cars to reach the front of the line. The goal of lane filtering is often to protect the rider. Being at the back of a line of stopped cars puts a biker at risk of being rear-ended by a distracted driver.
Motorcycle Laws in South Carolina Every Rider Should Know
South Carolina has specific statutes found in Title 56, Chapter 5 of the Code of Laws. These rules are designed to keep everyone on the road safe.
- Lane Sharing: While you cannot split lanes with cars, Section 56-5-3640(b) allows two motorcycles to ride side-by-side in a single lane. You cannot have more than two bikes abreast.
- Helmet Requirements: Per Section 56-5-3660, any rider or passenger under the age of 21 must wear a helmet approved by the Department of Public Safety. Riders over 21 have the choice, but wearing one can impact a legal case regarding head injuries.
- Eye Protection: If your motorcycle does not have a windscreen that is at least 15 inches high, you must wear goggles or a face shield.
- Footrests and Seats: A person operating a motorcycle must ride on the permanent and regular seat. If the bike is designed to carry a passenger, it must have footrests for that passenger.
Violating these rules, especially the ban on lane splitting in South Carolina, gives insurance companies a reason to deny your claim. They will argue that your illegal riding caused the crash.
Following these rules is important because South Carolina uses a “comparative negligence” system. If you are in an accident while lane splitting, a jury might find you partially responsible for your own injuries because you broke a state law.
Can You Recover Compensation After a Lane Splitting or Filtering Accident?
If you get into an accident while lane-splitting or filtering, recovering compensation can be more difficult but not impossible. Because lane splitting in South Carolina is against the law, the insurance company for the other driver will likely deny your claim immediately. They will argue that your illegal action caused the crash.
However, even if you were performing an illegal maneuver, the other driver might have been doing something even more dangerous. We work to prove that the other driver’s actions were the primary cause of the wreck.
You can still recover damages if you are found to be 50% at fault or less, but your total damages would be reduced by your percentage of fault.
By way of example, this means you would recover 75% of your damages if:
- A jury decides you were 25% at fault because you were lane filtering in South Carolina, but
- The car driver was 75% at fault because they were texting and swerved into you.
Unfortunately, if you are found to be more than 50% at fault, you cannot recover any money at all.
Insurance companies know the law. They will cite the South Carolina lane-splitting statutes to claim the accident was entirely your fault. They do this to avoid paying for your hospital stays, lost wages, and pain. You need a legal team that can look at the facts.
How a Motorcycle Accident Lawyer Can Help
Many people assume riders are reckless. When an accident happens, insurance adjusters try to close the case quickly without paying what you deserve.
The legal team at David R. Price, Jr., P.A. knows how to handle the bias against motorcyclists. We help by:
- Thorough Investigation: Investigating the crash scene to find physical evidence.
- Police Reports: We review the policy reports to check if the officer cited the other driver for failure to yield or distracted driving.
- Witness Statements: We seek out and talk to people who saw the crash and can testify about the speed and behavior of the vehicles.
- Video Footage: We also look for dashcam footage and other potential sources of video footage from the crash.
- Accident Reconstruction: We work with experts who can recreate the crash to show that the driver’s negligence caused the injury.
- Trial Preparation: Presenting your case in court if the insurance company refuses to be fair.
Motorcycle accidents often result in broken bones, road rash, and traumatic brain injuries. These require expensive medical care. You should not have to pay for someone else’s mistake.
Contact a South Carolina Motorcycle Accident Lawyer
If you were injured in a motorcycle wreck, you need legal help from the team at David R. Price, Jr., P.A. We provide experienced legal counsel to those who have been injured through no fault of their own or who are facing difficult liability disputes.
Call the lawyers at David R. Price, Jr., P.A. at 864-271-2636 to talk about your case. We will give you an honest look at your legal options and help you determine the next steps in your recovery.