Lane splitting, often called “filtering” in the UK, is common amongst motorcyclists and pedal cyclists. While this article primarily refers to ‘motorcyclists’, it can equally apply to pedal cyclists and, on occasion, to e-scooter riders.
The land-splitting manoeuvre involves a rider passing between lanes of slower-moving or stationary traffic, allowing them to move more quickly through congested areas. While lane splitting is widely practised, its legality and associated risks are not always clear, leading to confusion amongst motorbike riders.
In this blog, we will clarify the legal position on lane splitting in the UK, discuss the potential risks, and explore how it can impact a motorbike accident claim.
Lane Splitting vs. Filtering
In the UK, the term “filtering” is more commonly used than “lane splitting.” While both terms describe similar actions, filtering typically refers to the more cautious and legal practice of moving between lanes when traffic is either slow-moving or stopped. Lane splitting, on the other hand, can imply a more aggressive manoeuvre, such as weaving between vehicles at higher speeds, which can carry different legal and safety implications.
The Legal Position on Lane Splitting in the UK
The legal status of lane splitting in the UK is somewhat nuanced. Unlike some other countries, where lane splitting is explicitly legal or illegal, UK law does not directly address the practice in these terms. Instead, the legality of lane splitting depends on how it is carried out and the surrounding circumstances.
Is Lane Splitting Legal?
In the UK, lane splitting (or filtering) is not explicitly illegal. In fact, when done carefully and within certain parameters, it is generally considered acceptable. The key is that the manoeuvre must be executed safely and responsibly without endangering other road users or violating traffic laws.
Highway Code Guidance
The UK Highway Code provides some guidance on filtering, though it does not specifically use the term “lane splitting.” Rule 88 of the Highway Code advises motorcyclists to be particularly careful when filtering through traffic. It states:
- Be aware of other road users: Riders should ensure that other road users, particularly those changing lanes or opening doors, are aware of their presence.
- Watch for pedestrians: Pedestrians crossing between vehicles may not see an approaching motorbike.
- Do not overtake on the left unless it is safe: Riders should not undertake vehicles unless they are sure it is safe to do so.
While the Highway Code does not prohibit filtering, it emphasises the importance of safety and caution. Riders who filter recklessly or without due care could be found in violation of traffic laws, such as dangerous driving or careless driving, which could carry legal consequences.
Relevant Case Law
There have been cases in UK courts that have addressed the issue of lane splitting. In some instances, courts have upheld the practice as legal when done safely. However, in cases where lane splitting has led to an accident, the courts have sometimes ruled against the motorcyclist, particularly if the manoeuvre was deemed unsafe or if the rider was found to have been riding aggressively.
One notable case is Davis v. Schrogin (2006), where the court ruled in favour of a motorcyclist filtering through traffic when a car turned across his path. The court found the driver of the car to be at fault, as the motorcyclist was filtering safely and within the bounds of reasonable behaviour. This case illustrates that while lane splitting is not illegal, the key factor is the manner in which it is performed.
The Risks of Lane Splitting
While lane splitting can help motorcyclists save time and navigate congested traffic, it is not without risks. Understanding these risks is crucial for riders who choose to filter through traffic.
Increased Vulnerability
Motorcyclists are inherently more vulnerable on the road due to their smaller size and lack of physical protection compared to car drivers. Lane splitting increases this vulnerability, as it places the rider in close proximity to other vehicles. If a car suddenly changes lanes, opens a door, or the driver is simply not paying attention, the motorcyclist may have little time to react, leading to an accident.
Reduced Reaction Time
When lane splitting, riders often have reduced reaction time due to the close quarters and higher relative speed compared to the surrounding traffic. This can make it difficult to avoid hazards, such as vehicles merging into the lane, debris on the road, or pedestrians crossing between cars. The lack of space for manoeuvre further exacerbates this risk.
Blind Spots and Visibility Issues
One of the major risks associated with lane splitting is the potential for other drivers to fail to see the motorbike. Cars have significant blind spots, especially on their sides, where a motorbike might be filtering. Drivers may not expect a vehicle to be passing them on either side, particularly in congested traffic, which increases the likelihood of a collision.
Legal Risks
In addition to the physical risks, there are legal risks associated with lane splitting. If an accident occurs while the rider is filtering through traffic, the legality of the manoeuvre and the rider’s behaviour will likely be scrutinised. If the rider is found to have been filtering recklessly or in violation of traffic laws, they could be held liable for the accident, potentially reducing or eliminating their ability to claim compensation.
How Lane Splitting Can Impact a Motorbike Accident Claim
If a motorcyclist is involved in an accident while lane splitting, the circumstances of the manoeuvre can significantly impact the outcome of any subsequent accident claim. Several factors will be considered when determining liability and compensation.
Contributory Negligence
One of the key legal principles that may come into play is contributory negligence. Contributory negligence occurs when the injured party is found to have contributed to their own injuries or the accident through their actions. In the context of lane splitting, if a motorcyclist is found to have been riding recklessly or without due care, a court may determine that they are partially responsible for the accident.
For instance, if a motorcyclist is filtering through traffic at a high speed and collides with a car that suddenly changes lanes, the court may find that both parties share some responsibility. The driver may be found at fault for not checking their mirrors before changing lanes, but the motorcyclist may also be found partially at fault for filtering at an unsafe speed. In such a case, the compensation awarded to the motorcyclist could be reduced proportionately to reflect their share of the blame.
Impact on Compensation
The presence of contributory negligence can significantly impact the amount of compensation a motorcyclist receives. If a court determines that the motorcyclist was, for example, 30% responsible for the accident, their compensation could be reduced by 30%. This reduction can be substantial, particularly in cases involving serious injuries where compensation is needed to cover medical expenses, loss of earnings, and other costs.
Insurance Considerations
Insurance companies also take lane splitting into account when assessing claims. If a motorcyclist was involved in an accident while lane splitting, the insurer may investigate whether the manoeuvre was performed safely and in accordance with the law. If the insurer finds that the rider was lane splitting in a dangerous or illegal manner, they may reduce the payout or even deny the claim altogether.
Role of Expert Testimony
In accidents involving lane splitting, expert testimony can play a crucial role in determining liability and compensation. Accident reconstruction experts can provide insights into how the manoeuvre was performed and whether it was done safely. Similarly, medical experts can assess how much the rider’s injuries were exacerbated by their actions. This testimony can be critical in establishing the facts of the case and ensuring a fair outcome.
Best Practices for Safe Lane Splitting
Given the risks and legal implications of lane splitting, motorcyclists need to follow best practices to ensure their safety and reduce the likelihood of legal complications.
1. Filter at a Safe Speed
When lane splitting, it is vital to maintain a safe speed that allows for quick reactions if necessary. The Highway Code does not specify an exact speed limit for filtering, but it is generally advised to filter at no more than 15-20 mph above the speed of the surrounding traffic. Filtering at a higher speed can be considered reckless and increase the likelihood of an accident.
2. Stay Alert and Be Visible
Motorcyclists should stay alert and be aware of the actions of other road users at all times. This includes watching for vehicles changing lanes, pedestrians crossing between cars, and any other potential hazards. Wearing high-visibility clothing or using reflective materials can help increase the rider’s visibility to other drivers.
3. Avoid Blind Spots
When filtering, it is crucial to avoid lingering in the blind spots of other vehicles. Blind spots are areas around a vehicle that the driver cannot see through their mirrors. By staying out of these areas, motorcyclists can reduce the risk of being hit by a car that suddenly changes lanes or merges.
4. Signal Your Intentions
While it is not always possible to use hand signals when lane splitting, motorcyclists should use their indicators to signal their intentions whenever feasible. This can help alert other drivers to the rider’s presence and intentions, reducing the risk of a collision.
5. Respect Other Road Users
Lane splitting can be a contentious issue, particularly amongst car drivers who may view it as queue-jumping. Motorcyclists should always respect other road users and avoid aggressive behaviour. This includes not forcing their way between vehicles and giving drivers ample space to react.
6. Know When to Stop
Finally, motorcyclists should know when to stop filtering. If traffic starts moving at a consistent speed, or if the gaps between vehicles become too narrow, it is safer to merge back into the flow of traffic. Continuing to filter in these conditions increases the risk of an accident and could be seen as reckless by a court or insurance company.
Compensation for Cycle Injuries
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