Since September 1, 2023, Texas Transportation Code section 545.0605 gives a motorcycle the full use of a lane, bars drivers from taking that space, and prohibits riding between lanes of traffic moving the same direction. It cuts both ways in a crash claim. Owsley Law Firm represents injured riders across Texas and charges no fee unless we win.
For years, Texas riders heard that lane splitting was simply not authorized. In 2023 the Legislature made the rule explicit. Section 545.0605 now says a motorcycle cannot be ridden between lanes of traffic moving in the same direction, and it also protects a rider’s right to the whole lane.
Both halves of the statute matter after a crash. An insurer will use the ban against a rider who was filtering between cars. A rider who was squeezed out of a lane by a car can use the full-lane rule against the driver. This page explains both.
Is lane splitting legal in Texas?
No. Section 545.0605(a)(3)(B) prohibits operating a motorcycle between lanes of traffic moving in the same direction.
The statute also bars riding more than two abreast in a single lane with other motorcycles, and passing a vehicle while in the same lane as that vehicle. Police officers performing official duties are exempt.
Riding two abreast with one other motorcycle in a single lane is allowed under subsection (a)(2).
What rights does section 545.0605 give motorcycle riders?
A motorcycle is entitled to the full use of a lane, and a motor vehicle may not be driven in a way that deprives the motorcycle of that use.
This is the part of the statute that protects riders. A driver who drifts into a rider’s half of the lane, crowds a rider at a light, or passes a motorcycle within the same lane is breaking the rule. In a crash claim, that conduct is strong evidence of the driver’s fault.
- A car moving into the rider’s lane space
- A driver passing a motorcycle inside the same lane
- Crowding a rider stopped at a signal
- Merging as if the lane were empty because only a motorcycle was in it
Can I recover if I was lane splitting when I was hit?
Possibly. Lane splitting will be argued as your fault, but Texas still divides fault, and you can recover if your share is not greater than 50 percent.
Under Chapter 33, a jury assigns each person a percentage of responsibility. If a rider was splitting lanes and a driver changed lanes without looking, both may share the blame. The rider’s recovery is reduced by their share and barred only if it exceeds 50 percent.
The details matter: traffic speed, whether the driver signaled, and whether the driver would have hit any vehicle in that position. Video and witness accounts are often decisive.
How do insurers use this law against riders?
They argue the rider was splitting or filtering even when the rider was in the lane, so proof of lane position is critical.
Bias against motorcyclists is common in claims handling. An adjuster may assume a rider was weaving or splitting without evidence. Helmet camera footage, dashcams, damage location, and witness statements are the best answers to that assumption.
What should an injured rider do after a crash?
Get medical care, preserve the motorcycle and any helmet camera footage, photograph the scene, and avoid recorded statements to the driver’s insurer.
The motorcycle’s damage pattern can show where in the lane it was struck. Keep it unrepaired until it is photographed and inspected. Save any ride-tracking app data that shows speed and route.
How it is proven after a crash
- Helmet camera or dashcam footage
- Damage location on the motorcycle and the car
- Witness accounts of lane position
- Ride app or GPS speed data
- The CR-3 crash report
Mistakes that cost people money
- Admitting at the scene that you were filtering when you were not
- Repairing or selling the motorcycle before inspection
- Assuming the ban means you cannot recover
- Posting about the crash on social media
Frequently asked questions
When did Texas ban lane splitting?
Section 545.0605 took effect September 1, 2023, after House Bill 4122 passed in the 2023 legislative session.
Is lane filtering at a red light allowed in Texas?
The statute prohibits operating a motorcycle between lanes of traffic moving in the same direction and passing a vehicle within its lane, so riding up between stopped cars is not authorized.
Can two motorcycles share a lane?
Yes. Section 545.0605(a)(2) allows a motorcycle to ride two abreast in a single lane with another motorcycle, but not more than two.
Does lane splitting cancel my helmet or insurance rights?
No. It is a fault issue under Chapter 33. Coverage and helmet rules under section 661.003 are separate questions.
What is the deadline for a motorcycle injury claim?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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