Motorcycle Lane Splitting Injury Cases: Navigating Liability and Utah Laws

INJURED WHILE MOTORCYCLE LANE SPLITTING IN UTAH?  CALL/TXT JAKE GUNTER (801) 373-6345.INJURED WHILE MOTORCYCLE LANE SPLITTING IN UTAH?  CALL/TXT JAKE GUNTER (801) 373-6345.

Motorcycle lane splitting, also referred to as lane filtering, is legal in Utah under specific conditions outlined in Utah Traffic Code 41-6a-704(6). While this practice can reduce congestion and provide convenience for motorcyclists, it also introduces unique legal challenges, especially when accidents occur. This article provides an in-depth look at Utah’s motorcycle lane filtering laws, fault determination, and potential legal outcomes in lane-splitting injury cases.

What Is Motorcycle Lane Filtering?

Motorcycle lane filtering refers to the act of a motorcycle passing between lanes of stopped or slow-moving traffic to move to the front of a line. Utah has strict regulations governing this practice:

  1. The speed limit must be 45 mph or lower.
  2. The motorcycle must not exceed 15 mph while filtering.
  3. Vehicles in adjacent lanes must be stopped.
  4. Lane filtering is only permitted on roadways or off-ramps with two or more traffic lanes in the same direction.

Fault Determination in Lane Filtering Accidents

Starting Point: Reasonableness Under Negligence Law Utah lane splitting injury attorney Jake Gunter. Call/TXT (801) 373-6345

Utah negligence law evaluates fault based on whether a party acted as a “reasonable person under the circumstances.” This determination can be subjective and often depends on the jury’s interpretation.

Second Point: Compliance With Lane Filtering Statutes

If a motorcycle rider violates Utah’s lane filtering rules, their case may face significant hurdles. Non-compliance could lead to dismissal by a judge or rejection by a jury, weakening the rider’s legal claim.

Utah’s 51 Percent Comparative Fault Rule

Utah applies a comparative negligence system where a party must be less than 50% at fault to recover damages. For example:

  • If a jury assigns 40% fault to the motorcyclist, their recovery is reduced by that percentage.
  • If the motorcyclist is found 49% or more at fault, they cannot recover any damages.

Legal Precedents and Case Scenarios

Provo, Utah: Freedom Avenue Example

  • Scenario: A motorcycle filters through stopped traffic when a car door unexpectedly opens, causing a collision.
  • Outcome: A jury may find the car driver 100% at fault for acting unreasonably, leading to a full compensation award to the motorcyclist.
  • Award: $100,000 with no reduction since the motorcyclist followed all legal rules.

Orem, Utah: State Street Example Utah motorcycle accident lawyer Jake Gunter. Call/TXT (801) 373-6345 for a free consult

  • Scenario: A motorcyclist filters at 10 mph when a car blocks their path, causing an accident.
  • Outcome: The jury may apportion 90% fault to the car driver and 10% to the motorcyclist for insufficient precautions.
  • Award: $100,000 reduced to $90,000 due to the 10% fault assigned to the motorcyclist.

Legal Framework for Lane Filtering in Utah

Conditions for Legal Lane Filtering

Motorcyclists may filter lanes only under the following conditions:

  1. Location: Must be on a roadway or off-ramp with two or more traffic lanes in the same direction.
  2. Speed Limit: The roadway speed limit must be 45 mph or less.
  3. Motorcycle Speed: The motorcycle must not exceed 15 mph during filtering.
  4. Traffic Conditions: The overtaken vehicles must be stationary.
  5. Safety: The maneuver must be executed safely.

Statutory Reference

The laws governing lane filtering are detailed in Utah Code 41-6a-704. Amendments made in 2024 reinforce these rules to ensure clarity and safety.

Frequently Asked Questions (FAQs)

  1. Is lane filtering the same as lane splitting?

Yes, in Utah, these terms are often used interchangeably. Both refer to motorcycles navigating between lanes of traffic.

  1. What happens if the motorcyclist violates lane filtering laws?

If a motorcyclist violates the law, their case may be dismissed, or they may be assigned significant fault, reducing or eliminating their potential compensation.

  1. How does Utah’s 51% comparative negligence rule work?

The rule bars recovery if a party is 49% or more at fault. For lesser fault, compensation is reduced proportionally.

  1. Can a car driver be entirely at fault in a lane filtering accident?

Yes, if the driver’s actions are deemed unreasonable (e.g., opening a door without checking), they can bear 100% of the fault.

  1. Are there any penalties for illegal lane filtering?

Yes, illegal lane filtering is considered an infraction under Utah law and may result in fines or other penalties.

  1. What should I do if I’m involved in a lane filtering accident?

Document the scene, gather witness statements, seek medical attention, and consult a legal professional familiar with Utah traffic laws.

CALL/TXT MOTORCYCLE ACCIDENT LAWYER JAKE GUNTER (801) 373-6345

Motorcycle lane splitting or filtering in Utah is legal under specific conditions but comes with its own set of risks and legal complexities. Understanding the rules, adhering to them, and seeking experienced legal guidance can make a significant difference in the outcome of a lane filtering injury case.

Affected by 63I-1-241 on 7/1/2027

Effective 5/1/2024
41-6a-704.  Overtaking and passing vehicles proceeding in same direction.

(1)As used in this section:

(a) (i) “Off-ramp” means the portion of a roadway that connects a freeway or limited access highway to an intersection.

(ii) “Off-ramp” does not include the portion of a roadway that connects two controlled access highways, two limited access highways, or a controlled access highway and a limited access highway.

(b) (i) “On-ramp” means the portion of a roadway that connects an intersection to a freeway or limited access highway.

(ii) “On-ramp” does not include the portion of a roadway that connects two controlled access highways, two limited access highways, or a controlled access highway and a limited access highway.

 

(2)(a) Except as provided in Section 41-6a-718, on any highway:

(i) the operator of a vehicle overtaking another vehicle proceeding in the same direction shall:

(A) except as provided under Section 41-6a-705, promptly pass the overtaken vehicle on the left at a safe distance; and

(B) enter a right-hand lane or the right side of the roadway only when safely clear of the overtaken vehicle;

(ii) the operator of an overtaken vehicle:

(A) shall give way to the right in favor of the overtaking vehicle; and

(B) may not increase the speed of the vehicle until completely passed by the overtaking vehicle.

(b) The exemption from the minimum speed regulations for a vehicle operating on a grade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle as required under Subsection (2)(a)(i)(A).

 

(3)On a highway having more than one lane in the same direction, the operator of a vehicle traveling in the left general purpose lane:

(a) shall, upon being overtaken by another vehicle in the same lane, yield to the overtaking vehicle by moving safely to a lane to the right; and

(b) may not impede the movement or free flow of traffic in the left general purpose lane.

 

(4)An operator of a vehicle traveling in the left general purpose lane that has a vehicle following directly behind the operator’s vehicle at a distance so that less than two seconds elapse before reaching the location of the operator’s vehicle when space is available for the operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie evidence that the operator is violating Subsection (3).

 

(5)The provisions of Subsection (3) do not apply to an operator of a vehicle traveling in the left general purpose lane when:

(a) overtaking and passing another vehicle proceeding in the same direction in accordance with Subsection (2)(a)(i);

(b) preparing to turn left or taking a different highway or an exit on the left;

(c) responding to emergency conditions;

(d) avoiding actual or potential traffic moving onto the highway from an acceleration or merging lane; or

(e) following the direction of a traffic-control device that directs the use of a designated lane.

 

(6)An individual may engage in lane filtering only when the following conditions exist:

(a) the individual is operating a motorcycle;

(b) the individual is:

(i) on a roadway that is divided into two or more adjacent traffic lanes in the same direction of travel; or

(ii) on an off-ramp that is divided into two or more adjacent traffic lanes in the same direction of travel;

(c) the individual is:

(i) on a roadway with a speed limit of 45 miles per hour or less; or

(ii) on an off-ramp;

(d) the individual is not on an on-ramp;

(e) the vehicle being overtaken in the same lane is stopped;

(f) the motorcycle is traveling at a speed of 15 miles per hour or less; and

(g) the movement may be made safely.

 

(7)A violation of Subsection (2), (3), or (6) is an infraction.

Amended by Chapter 456, 2024 General Session