Is Lane Filtering Legal in South Carolina?

 

At Joe Cunningham Law, we regularly hear from motorcyclists with questions about traffic laws, especially around lane filtering and lane splitting. You may have been maneuvering between lanes in slow or stopped traffic, only to get hit by a careless driver who was not paying attention. That leaves many riders wondering is lane filtering legal in South Carolina? If lane filtering is not legal, do motorcyclists still have rights if they were injured while doing it?

The short answer is no, lane filtering is not legal in South Carolina. However, if you have been injured in an accident while lane filtering, you may still have a valid personal injury claim.

Joe Cunningham, former U.S. Congressman and esteemed South Carolina motorcycle accident attorney, understands how state laws and real-world situations intersect. His practice focuses on helping injured motorcyclists navigate these complicated legal questions and protecting their rights. Below, we break down the key things you need to know about lane filtering in South Carolina.

What Is Lane Filtering?

Lane filtering refers to a motorcyclist moving between stopped or slow-moving vehicles, usually at intersections or in heavy traffic, to reach the front of the line. It is generally done at lower speeds and is distinct from other motorcycling maneuvers. For example:

• A rider approaching a red light might move between two lanes of stopped cars to position themselves at the front when the light turns green.
• In a traffic jam, a motorcyclist may weave slowly between lanes of congested traffic to avoid being stuck.

Lane filtering is promoted as a safety measure in some parts of the world, helping reduce rear-end collisions and easing traffic congestion. However, the legal status of lane filtering varies widely from state to state in the U.S.

Is Lane Filtering Legal or Illegal in South Carolina?

In short, lane filtering is illegal in South Carolina. South Carolina’s traffic laws do not contain any provision that permits motorcyclists to ride between lanes of stopped or slow-moving traffic. State law explicitly prohibits such behavior. South Carolina Code of Laws, Title 56 – Motor Vehicles, Section 56-5-3640(c) states that “no person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles.”

This language is clear and applies to both moving and stopped vehicles. Whether you call it lane filtering or lane splitting, South Carolina considers the practice unlawful. Unlike some other states, South Carolina has not passed any bills or pilot programs allowing lane filtering. For motorcyclists, this means sticking to designated lanes at all times, even in heavy traffic or at red lights.

What Is the Difference Between Lane Filtering and Lane Splitting?

People often use lane filtering and lane splitting interchangeably, but there is a subtle difference:

• Lane Filtering: This usually refers to motorcycles moving between stopped or slow-moving vehicles, often at low speeds under 20 mph. This is typically seen at traffic lights or in congested traffic.
• Lane Splitting: This refers to riding between lanes of traffic moving at higher speeds. This is more aggressive and considered much riskier.

South Carolina’s prohibition applies whether the vehicles are stopped or moving. Both lane filtering and lane splitting are off-limits under current state law.

Can Two Motorcycles Ride Side-by-Side in a Single Lane?

Yes, South Carolina law permits two motorcycles to ride side-by-side within a single lane. However, no more than two motorcycles are allowed to do so at a time.

This practice, often referred to as lane sharing, is a notable exception to the general rule against riding between vehicles. It is crucial, however, that even when lane sharing, motorcyclists maintain a safe distance and do not impede other traffic.

Why Is Lane Filtering Illegal in South Carolina?

Safety is the primary reason cited for the prohibition of lane filtering and lane splitting in South Carolina and many other states. While some argue these practices can be safer for motorcyclists by allowing them to avoid rear-end collisions or overheating, lawmakers often view them as inherently dangerous due to:

• Reduced Visibility: Motorcycles are smaller and can be harder for drivers to see, especially when weaving between vehicles.
• Driver Expectation: Drivers generally do not expect vehicles to be moving between lanes, particularly when traffic is stopped. This can lead to sudden lane changes by drivers who do not see an approaching motorcyclist.
• Limited Evasive Maneuvers: In tight spaces between vehicles, a motorcyclist may have limited room to react to sudden movements from other cars or unexpected obstacles.
• Increased Risk of Side-Swipes and Doorings: As motorcyclists move through tight spaces, there is a greater risk of being side-swiped by a changing lane vehicle or hitting an open car door.

While some states like California, Utah, Arizona, Montana, Colorado, and recently Minnesota have legalized or regulated lane splitting, South Carolina has opted for a more conservative approach to minimize roadway confusion and potential liability. However, there has been growing debate on whether all states should allow controlled lane filtering.

What Happens If There Is an Accident Due to Lane Filtering?

If you were injured in a motorcycle accident while lane filtering in South Carolina, you might assume you have no legal options simply because lane filtering is not legal here. However, the situation is rarely that black and white. Even if you were lane filtering, another driver’s negligence may still be a contributing, or even primary, cause of your injuries. Understanding how South Carolina motorcycle laws treat these situations can help protect your right to seek compensation.

Fault Is Not Always One-Sided in a Motorcycle Crash

While South Carolina traffic laws prohibit lane filtering, that does not automatically place 100% of the blame on the motorcyclist in every accident. Drivers of passenger vehicles still have a legal duty to operate their vehicles safely, check blind spots, use mirrors, and avoid careless maneuvers. For example:

• If a driver changes lanes suddenly without signaling or checking mirrors and collides with a motorcyclist lane filtering, both parties may share fault.
• If a driver is texting, distracted, or intoxicated, that behavior could outweigh the illegality of lane filtering when fault is apportioned.

South Carolina’s modified comparative negligence law allows for fault to be shared. As long as the court finds you 50% or less at fault, you can still recover compensation, which they will reduce by your percentage of responsibility.

Criminal or Traffic Citations and How They Impact Your Accident Case

You may receive a traffic citation for lane filtering, which can result in fines and potentially points on your driving record, complicating matters. However, a citation does not automatically end your personal injury case. The citation applies to traffic law, while civil liability depends on the specific facts of the accident and each party’s actions.

Your attorney can help demonstrate that the other driver’s negligence, such as unsafe lane changes or distracted driving, was a significant cause of the crash, even if you were cited for lane filtering.

Impact on Insurance Claims

Insurance companies often try to use lane filtering as a reason to deny or reduce claims. However, South Carolina law requires a careful analysis of each party’s actions in an accident. An experienced motorcycle accident attorney can:

• Ensure authorities and insurers consider both your actions and the other driver’s negligence
• Push back against insurance companies that automatically blame motorcyclists
• Present evidence shows the other driver’s actions played a key role in the collision

With the right legal help, you will not have to let an insurance company’s assumptions about lane filtering stand in the way of the compensation you deserve.

Civil Liability and Your Right to Compensation

Even if lane filtering occurred, the other driver may still be held civilly liable for your injuries. You have the right to pursue compensation for:

• Emergency medical treatment and long-term care
• Lost income and diminished earning capacity
• Motorcycle repair or replacement costs
• Pain, suffering, and emotional distress

As mentioned, South Carolina’s modified comparative negligence rule means the court may reduce your total compensation by your share of fault. For example, if it finds you 30% at fault for lane filtering and the driver 70% at fault for an unsafe lane change, you could recover 70% of your total damages.

Why You Need an Experienced Motorcycle Accident Lawyer If a Lane-Filtering Rider Caused Your Crash

If you were injured in a motorcycle accident while lane filtering in South Carolina, you may still have a case because even when a motorcyclist is performing an illegal maneuver, the other driver’s negligence is not automatically excused. You may still be entitled to compensation if another driver’s actions played a significant role in your crash. Here is why hiring an experienced motorcycle accident attorney is especially crucial in these cases:

• Ensuring Fault Is Fairly Assigned: Insurance companies often try to pin all the blame on the motorcyclist if lane filtering is involved. Our knowledgeable attorneys will make sure legal authorities and insurers properly evaluate fault in your claim.
• Investigating All Contributing Factors: Even with lane filtering, many factors can contribute to a crash. Our attorneys investigate every aspect of the accident to strengthen your case.
• Navigating Complex Insurance Claims: Our lawyers handle communications and negotiations with all relevant insurers, helping to ensure that they do not unfairly deny or minimize your claim based solely on the fact that you were lane filtering.
• Maximizing Your Compensation: Our team will work to recover the full value of your damages, including past and future medical expenses, lost wages, pain and suffering, and property damage, even if a portion of fault is assigned to you.
• Guiding You Through the Legal Process: From filing insurance claims to taking your case to court if necessary, our attorneys will manage every step of the legal process.

Having experienced motorcycle accident lawyers on your side is essential when lane filtering complicates questions of fault. The right legal team ensures that authorities do not overlook another driver’s negligence just because of a traffic citation or insurance bias against motorcyclists. At Joe Cunningham Law, we focus on helping injured motorcyclists pursue the compensation they deserve in these exact situations.

What Sets Joe Cunningham Apart as a Motorcycle Accident Attorney?

When you have been injured in a motorcycle crash, especially one involving complex factors like lane filtering, you do not need just any lawyer. You need someone who understands South Carolina motorcycle laws and how insurance companies operate when fault is not clear-cut. Here is what truly sets us apart from other law firms:

• Led by a Former U.S. Congressman: During his time in Congress, Joe fought for issues affecting working families, public health, and safety. Today, he brings that same people-first focus to helping injured accident victims navigate tough legal challenges.
• Experience on Both Sides of Personal Injury Law: Our team has knowledge of how insurance companies approach personal injury litigation, giving our team rare insight into how insurers think, negotiate, and litigate.
• Straightforward, Responsive Legal Advice: Our clients are not just file numbers. You will work directly with Joe and our team, ensuring you are never left wondering about your case.
• Focused on Motor Vehicle Accident Cases: Our firm is built specifically to handle complex motor vehicle cases involving severe injuries, including situations where lane filtering, comparative fault, or disputed liability make things more challenging.
• Prepared to Take Cases to Trial: Joe Cunningham Law is always ready to take your case to court if the insurance company will not negotiate in good faith.
• Rooted in South Carolina, Focused on South Carolinians: Joe grew up in a working-class family and has always prioritized standing up for everyday people. We are proud to be part of the local community and committed to protecting the rights of accident victims.

When your health, finances, and future are on the line after a motorcycle crash, you deserve attorneys who bring experience, integrity, and relentless dedication to your case. That is what we offer every client at Joe Cunningham Law.

Contact Joe Cunningham Law If You Were in a Motorcycle Accident in South Carolina

South Carolina motorcyclists should ride with freedom and caution in mind. While lane filtering may seem like a harmless shortcut, it is illegal here and can significantly impact accident liability and insurance claims.

If you have been involved in a motorcycle or vehicle accident, whether or not lane filtering was a factor, Joe Cunningham Law is here to help. Schedule a free consultation today. Let’s talk about your case and your rights under South Carolina law.