Motorcycle Lane Splitting Accidents in Georgia

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Riding a motorcycle between lanes of traffic or between rows of vehicles is prohibited in Georgia, but a rider hurt while doing it is not automatically barred from recovering. The drivers around the motorcycle have duties of their own, and the rider’s violation counts against the rider through the ordinary questions of causation and comparative fault.

What the Statute Says

OCGA 40-6-312 governs the operation of a motorcycle on a roadway laned for traffic:

  • Subsection (a): “All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”
  • Subsection (c): “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
  • Subsection (d): “Motorcycles shall not be operated more than two abreast in a single lane.”

The statute does not use the phrase “lane splitting”; subsection (c) is the prohibition. The text quoted here is the Code as published through the 2025 Regular Session of the General Assembly.

The Motorcycle’s Right to Its Lane

Subsection (a) runs the other way, protecting the rider’s lane against other vehicles. In Neiswonger v. Janics, 196 Ga. App. 607 (1990), a van following a motorcycle on a two-lane road in drizzling rain tried to pass it without leaving the motorcycle’s lane and struck the motorcycle’s left side. The Court of Appeals relied on subsection (a) in upholding the jury’s finding that the van driver violated the rules on safe passing, and it affirmed the judgment for the rider.

The Driver’s Own Duty

On a roadway divided into clearly marked lanes, a driver must keep the vehicle as nearly as practicable within a single lane and may not leave it until first making sure the move can be made safely (OCGA 40-6-48(1)). The duty falls on the driver of any vehicle leaving its lane, and its text does not turn on whether another vehicle is positioned lawfully.

A Violation Is Not the End of the Question

A traffic violation can be negligence per se without deciding the case. In Torres v. Tandy Corp., 264 Ga. App. 686 (2003), the Court of Appeals held a driver negligent per se and still affirmed a defense verdict, because a per se violation supports liability only where it proximately caused the injury, and proximate cause was for the jury. Under Georgia’s apportionment statute, the rider’s own share of fault then reduces the damages, and a rider 50 percent or more responsible recovers nothing (OCGA 51-12-33).

For example, imagine a rider moving between two lines of slowed traffic when a car in the left line changes lanes into the gap without checking. The rider violated subsection (c); the driver moved from a lane without first ascertaining that it could be done safely. Each violation is weighed for whether it proximately caused the collision, and the jury sets each side’s percentage of fault.

Frequently Asked Questions

Is filtering between stopped cars at a red light allowed?
No. Subsection (c) reaches operation “between adjacent lines or rows of vehicles,” not only between moving lanes of traffic (OCGA 40-6-312(c)).

May a rider pass a car within the same lane?
No. “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken” (OCGA 40-6-312(b)).

Do these rules apply to police motorcycles?
Not the passing and between-lanes rules. Subsections (b) and (c) do not apply to police officers in the performance of their official duties (OCGA 40-6-312(f)).

What protective gear must a rider wear?
Every operator and passenger must wear protective headgear meeting the standards set by the commissioner of public safety, and, on a motorcycle without a windshield, an approved eye-protective device (OCGA 40-6-315(a), (b)).

  • OCGA 40-6-312(a), (b), (c), (d), (f)
  • Neiswonger v. Janics, 196 Ga. App. 607 (1990)
  • OCGA 40-6-48(1)
  • Torres v. Tandy Corp., 264 Ga. App. 686 (2003)
  • OCGA 51-12-33
  • OCGA 40-6-315(a), (b)

Disclaimer

This article provides general information about motorcycle collisions between lanes under Georgia law. It is not legal advice and does not create an attorney-client relationship. Fault depends on the specific facts, including the positions and movements of every vehicle. A person involved in such a collision should consult a licensed Georgia attorney about the particular situation.

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