Lane splitting, also known as lane sharing or filtering, refers to the practice of motorcyclists riding in between lanes of slowed or stopped traffic. This allows motorcycles to bypass traffic congestion and continue moving forward. Hawaii does not have any laws that explicitly prohibit or regulate lane splitting. The practice exists in a legal gray area.
Lane splitting is relatively common in Hawaii, especially in urban Honolulu where traffic congestion is a daily occurrence. But the lack of clear laws has led to confusion among both motorcyclists and other drivers about what is legal and what constitutes safe lane splitting. This confusion contributes to motorcycle accidents, with devastating consequences.
Lane Splitting and Motorcycle Accident Liability
The unclear legal status of lane splitting leads to disputes over liability when motorcycle accidents occur:
- Other drivers often claim the motorcyclist was at fault for lane splitting unsafely. But with no laws prohibiting the practice, it is hard to prove fault based on lane splitting alone.
- Motorcyclists argue that lane splitting allows them to avoid rear-end collisions from inattentive drivers. So, they claim the other driver is at fault for the accident.
- Police crash reports may or may not cite lane splitting as a contributing factor. With no guidelines on safe lane splitting, it is left to an officer’s discretion.
- Insurance companies may deny injury claims if they determine the motorcyclist was lane splitting recklessly. But again, with no legal definition, what constitutes reckless is debatable.
This ambiguity over liability leads to many lawsuits between injured motorcyclists and insurance companies after accidents. The outcome depends heavily on legal arguments about what constitutes safe and reasonable lane splitting.
Lane Splitting Safety Concerns
Some road safety advocates argue Hawaii should ban or regulate lane splitting due to safety concerns:
- Motorcycles weaving between cars leaves little room for error. Sudden movements or lane changes by cars could lead to collisions.
- The speed differential between a motorcycle lane splitting and stopped or slower traffic increases accident risk.
- Lane splitting may startle inattentive drivers, leading them to swerve accidentally.
- It encourages motorcyclists to ride aggressively, including at high speeds between lanes.
However, motorcycle groups counter that lane splitting improves safety when done prudently:
- It eliminates rear-end collisions, one of the most common and severe accident types.
- Stopped motorcycles get crushed between vehicles in chain reaction crashes. Lane splitting avoids this.
- Allowing filtering forward reduces traffic congestion by taking motorcycles out of traffic flow.
They argue restrictive laws unnecessarily limit motorcycle mobility for little added safety benefit.
The Way Forward for Hawaii
Without data, it is difficult to conclude whether regulated lane splitting would improve motorcycle safety in Hawaii or not. California is currently the only state that has legalized and adopted lane splitting guidelines. Monitoring crash data from California’s experiment could help inform Hawaii’s approach.
In the meantime, better driver education and awareness about motorcycles may help improve safety. Hawaii could also consider adopting formal guidelines that define what constitutes prudent lane splitting, without outright banning or fully legalizing it. This may assist courts and insurance companies in fairly assessing liability in motorcycle accident claims.
Potential Approaches to Regulating Lane Splitting
If Hawaii does decide to regulate lane splitting in the future, there are a few potential approaches:
- Allow lane splitting only in certain low-speed conditions, such as traffic moving under 30 mph. This reduces risks from speed differentials.
- Adopt specific speed limits for lane splitting, such as no more than 10-15 mph faster than surrounding traffic. Speed caps could reduce aggressive riding.
- Prohibit lane splitting across solid lane lines. Requiring motorcyclists to split along dotted lines keeps them from dangerously cutting across lanes.
- Implement a minimum gap requirement between vehicles and motorcycles. This allows an escape path if cars change lanes unexpectedly.
- Allow lane filtering at stop lights so motorcycles reach the front of the queue but prohibit splitting in moving traffic.
- Require motorcyclists to use hand signals when changing between lanes. This helps notify drivers of their presence.
- Launch a public education campaign on the risks and benefits of lane splitting to improve mutual understanding.
- Authorize police to issue citations for reckless lane splitting, based on clearly defined parameters. This discourages dangerous maneuvering.
The motorcycle community would likely oppose overly restrictive limitations on lane splitting. But reasonable, data-driven regulations could ease safety concerns without depriving riders of the benefits. With education and good faith on both sides, Hawaii may reach an equitable solution.
If you’ve been hurt in a motorcycle accident in Hawaii, contact us today. You can visit our office at the following address: 700 Bishop St, Ste 2100, Honolulu, HI, 96813
Call us today for a free consultation on (808) 745-1592.