What Should I Know About Motorcycle Lane Splitting in South Carolina?

Feb 21, 2020

Photo of Motorcycle Lane Splitting

Since motorcycle lane splitting in South Carolina remains illegal, many people have no idea what it actually is. Simply put, motorcycle lane splitting refers to motorcyclists who drive between two lanes of traffic. This often involves driving on the median lines that separate lanes and the cars in them.

Under S.C. Code § 56-5-3640, South Carolina currently prohibits motorcycle lane splitting. Any motorcyclist that is caught lane splitting will receive a citation.

However, motorcyclists in South Carolina should be aware that lane splitting is different than lane sharing. Lane sharing occurs when two motorcyclists drive within the same lane of traffic. Since lanes are wide enough for cars, two smaller motorcycles fit comfortably within a single lane. For this reason, South Carolina currently permits motorcyclists to lane share.

Lane Splitting in South Carolina: Who Is at Fault for a Collision?

Since motorcyclists have a higher likelihood of suffering severe injuries after a collision, their medical bills are often extremely high. To cover these costs, it is not uncommon for injured motorcyclists to pursue a claim.

However, if a motorcyclist was lane splitting at the time of the collision, then this complicates matters. Since lane splitting is illegal, an insurance adjuster will use this fact to reduce or dismiss your claim.

Even still, it is important to know that South Carolina is a modified comparative fault state. This means that you may collect damages if you are less than 50 percent at fault for your injuries. However, the compensation you receive will be reduced by the percentage you were at fault. For example, say your injuries are worth $100,000, but you were at fault by 30 percent. In this situation, you can legally recover $70,000 for your injuries.

For motorcyclists, lane splitting may make you responsible for a collision to some degree. However, you can still win compensation by building a strong case. Thus, you should consider consulting with our South Carolina car accident attorneys before beginning the claim process.

Hurt in a Collision? Contact Our South Carolina Motorcycle Accident Lawyers

While recent studies show that lane splitting is relatively safe, South Carolina has yet to change its laws. If you were lane splitting in South Carolina at the time of the accident, then contact our attorneys today. With a strong case, you may still receive the compensation you need to rehabilitate yourself. Give us a call today at (803) 324-7200 to schedule a free consultation. You can also send us a message through our confidential contact form. We look forward to hearing from you soon.