Is Lane Splitting Legal in West Virginia?

If you’ve ever ridden a motorcycle, you know how tempting it can be to slip between lanes of traffic when things slow to a crawl. This practice is known as lane splitting.

Many times, motorcycles slip between cars, SUVs, and other vehicles on the road. These actions can be annoying to other drivers, and they can cause accidents. So, is lane splitting legal in West Virginia?

Let’s look at this practice and how it can impact everyone on the road.

What Is Lane Splitting?

Lane splitting is riding a motorcycle right between the lanes of slow-moving or stopped cars, especially in heavy traffic or at red lights. Since a bike has a slimmer profile than a car or truck, many riders are tempted to zip past the other vehicles, crawling at a snail’s pace. To be honest, every driver would like to have the power to slide past traffic congestion.

However, lane splitting has been the subject of a lot of debate. It challenges the conventional flow of traffic. All vehicles are expected to stay in their lanes, and drivers are not anticipating a motorcycle weaving between them.

This lack of expectation creates the perfect storm for accidents with motorcycles. As a result, it can put everyone’s safety at risk.

What Does the Law Say in West Virginia?

West Virginia has a strict stance on lane splitting. This practice is illegal. Under West Virginia Code §17C-7-9, drivers of all vehicles, including motorcycles, are required to stay within a single lane “as nearly as practicable.” In other words, if you’re operating a motorcycle, you must remain in your designated lane and avoid weaving between cars.

Violating this law can result in citations, fines, and potentially misdemeanor charges.

Why Is Lane Splitting Illegal in West Virginia?

The state’s Department of Motor Vehicles (DMV) advises against lane splitting since there is an increased risk of accidents. There are a few reasons why lane splitting can be dangerous.

Drivers don’t expect motorcycles to pass between lanes. They may open a car door, swerve to avoid debris, or change lanes without noticing the motorcyclist. These sudden actions can lead to collisions.

Motorcycles are smaller and harder to see, especially in heavy traffic. Many accidents occur because drivers don’t notice a motorcyclist riding between lanes.

Some drivers get irritated when motorcyclists split lanes. This frustration can lead to road rage incidents, creating even more danger for everyone on the road.

For these reasons, West Virginia prohibits lane splitting to protect motorcyclists and drivers. While it may seem restrictive, the law is there to reduce accidents and promote safer roadways.

The Risks of Lane Splitting

Lane splitting has legal, financial, and safety consequences that can haunt a driver long after that quick maneuver. If someone gets caught lane splitting in West Virginia, they could be looking at traffic citations, fines, and criminal charges.

Along with that, the ticket goes on their driving record. If the insurance company finds out, that single traffic violation could cause insurance premiums to spike. In most cases, it could cost hundreds of extra dollars a year. The violation might even put points on the person’s license if it is serious enough.

If someone racks up too many, they could face a suspension.

What if the lane splitting leads to an accident? If that happens, the offending rider could even face misdemeanor charges, especially if someone else gets hurt or property is damaged. However, they could face even more legal issues.

West Virginia follows the comparative negligence system. You can only recover damages in an accident if you’re less than 50% responsible.

However, since lane splitting is illegal in the state, the driver engaging in that behavior will almost always be seen as the one at fault. That means they cannot collect compensation and will have to pay for the damages suffered by the other driver.

Court fees, settlements, and potential judgments can leave anyone financially devastated. All of this is because of a decision that, at the moment, seemed like a shortcut.

Whether you’re on two wheels or four, you need to respect the rules of the road so everyone gets home safely.

For those injured in an accident with a lane-splitting motorist or motorcyclist, you might be able to take legal action. At Hendrickson & Long, PLLC, we can help you determine the next appropriate steps for a potential claim.