Understanding Georgia's prohibition on lane splitting and how it affects motorcycle accident liability and insurance claims.
Georgia Lane Splitting Attorney
Lane splitting — the practice of riding a motorcycle between lanes of stopped or slow-moving traffic — is illegal in Georgia. Under O.C.G.A. § 40-6-312, motorcycles are entitled to the 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. Conversely, O.C.G.A. § 40-6-311 prohibits motorcyclists from overtaking and passing in the same lane occupied by another vehicle. This means riding between lanes, whether in heavy traffic or at highway speeds, violates Georgia traffic law.
When a motorcycle accident involves lane splitting, insurance companies aggressively use the violation to shift blame onto the rider. Under Georgia's modified comparative negligence rule (O.C.G.A. § 51-12-33), if the motorcyclist is found to be 50% or more at fault, they are barred from recovering any compensation. However, lane splitting does not automatically make the rider fully at fault. If the other driver changed lanes without signaling, opened a door into traffic, or was otherwise negligent, both parties may share fault — and the rider can still recover reduced damages.
Attorney Jonathan Overman at Overbird Law understands the nuances of Georgia motorcycle accident cases involving lane splitting allegations. Even when a rider was filtering through traffic, the other driver may bear significant responsibility. We investigate whether the car driver was distracted, failed to check mirrors, made an unsafe lane change, or violated their own duty of care under O.C.G.A. § 40-6-123. Our goal is to minimize the percentage of fault attributed to the motorcyclist and maximize the available recovery.
If you were injured in a motorcycle accident and the insurance company claims you were lane splitting, do not give a recorded statement without legal representation. Contact Overbird Law at (678) 251-8575 for a free, confidential case evaluation. We serve motorcyclists throughout Newnan, Coweta County, and the greater Atlanta metro area.
Accused of lane splitting after a motorcycle crash? We fight back against unfair blame-shifting by insurance companies.
Protecting Your Rights
Georgia law prohibits both lane splitting at speed and lane filtering through stopped traffic. We explain how each scenario affects your claim and develop the strongest defense strategy.
Even if you were lane splitting, the other driver may be primarily at fault. We gather evidence to prove their negligence — distraction, unsafe lane changes, or failure to signal.
Insurers exploit lane splitting allegations to deny or reduce claims. We prevent recorded statements from being used against you and negotiate from a position of strength.
A police report mentioning lane splitting is not a legal determination of fault. We challenge inaccurate reports and present witness testimony and physical evidence.
Contact us today for a free, no-obligation case review.
