Is Lane Splitting Legal in Tennessee?

Without sides or a roof, motorcycles are much more exposed, leaving their riders at a much higher risk of injury or death when involved in an accident. When you combine that with the fact that certain maneuvers that motorcycles make increase the likelihood of an accident, it only makes sense that those maneuvers are banned for motorcyclists’ very protection.

You may have seen motorcyclists riding between traffic lanes. This is called lane splitting. And while it’s a practice that’s frequently seen, it’s not actually legal in the state of Tennessee.

According to Tennessee law, motorcyclists may not overtake and pass in a traffic lane that is occupied by another motor vehicle; and they may not ride between lanes of traffic, adjacent lines, or rows of slowed or stopped vehicles. The law also states that motorists are entitled to the full use of their lanes while on the road. Therefore it only stands to reason that lane splitting is a violation of this right, as it inhibits other vehicles to their right of “full use.”

Can You Recover Damages if You’ve Been Injured in an Accident Involving Lane Splitting?

So although lane splitting is, in fact, illegal in Tennessee, does it mean that someone is prohibited from bringing a claim for compensation if they were injured in a crash while lane splitting? This is not necessarily true.

A motorcyclist involved in a crash while lane splitting would presumptively be at fault for causing the accident. However, just because a motorcyclist was lane splitting at the time of the accident, it doesn’t mean that the lane splitting itself was the cause of the crash.

There are three questions that must be examined when determining whether a motorcyclist can recover damages for a crash that involved lane splitting:

1. Was the motorcyclist, in fact, lane splitting?

2. Was the other driver also negligent for the crash?

3. Was the accident related to the lane splitting (if it actually occurred)?

1. Was the motorcyclist, in fact, lane splitting?

It may seem like an obvious question, but was the motorcyclist, in fact, lane splitting? While a motorcyclist may have been in between lanes of traffic at the time of the accident, it may not be illegal if he or she was actually changing lanes, trying to avoid a road hazard or other collision, or moving back into their lane.

2. Was the other driver also negligent for the crash?

Even if a motorcyclist was lane splitting at the time of the accident, the other driver involved may have also been engaged in illegal behavior, such as speeding or failing to signal when changing lanes.

3. Was the accident related to the lane splitting (if it actually occurred)?

Just because someone is doing something illegal and is involved in an auto accident, it doesn’t mean that what they were doing was the cause of the accident. In other words, even if it can be proven that a motorcyclist was lane splitting at the time of an accident, it doesn’t mean that lane splitting was the cause of the accident itself. Unfortunately though, this may be a difficult presumptive bias to overcome. That’s why a qualified Tennessee car accident attorney can help.

What Should You Do if You Were Injured in a Lane Splitting Accident in Tennessee?

So, what should you do if you were injured in a lane splitting accident in Tennessee? As with any accident, the first thing you should do afterwards is to seek immediate medical attention and then speak to an attorney. However, there are other important things that should also be done. Be sure that you:

● Keep photos, and videos from the scene of the accident as well as license plate numbers, insurance policy information, and witness contact information.

● Immediately write down as many details as you can remember regarding the accident, as memory tends to fade with time.

● Do not provide a recorded statement to any person or their insurance company.

● Do not post anything related to the accident on social media or other online sites.

● Follow your doctor’s treatment plan and advice.

● Do not go back to work or get back on your motorcycle before you are physically healed.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.