If you have ever seen a motorcycle move between cars in traffic and wondered if it is allowed here, you are not alone. No, lane splitting is not currently legal in West Virginia. If you have questions about traffic laws after a crash, your motorcycle accident lawyer in Charleston, WV at Salango Law can help you determine what applies to your case.
Call (304) 342-0512 to receive a free case review today.
What Lane Splitting Means and Why It Matters to Riders
Lane splitting happens when a motorcycle moves between rows of slower traffic heading in the same direction. This differs from lane filtering, which usually involves riding between stopped vehicles at a red light, or lane sharing, where two motorcyclists ride side by side in a single lane. Knowing how these practices differ can help you stay safer on the road and avoid tickets or confusion.
Common Lane Splitting Practices and How Riders Use Them Elsewhere
In places like California, lane splitting is allowed and often used to ease traffic or avoid rear-end collisions. Riders there may move between cars during congestion, especially in slow-moving or stopped traffic. Many motorcyclists say it helps them stay visible and get where they are going more efficiently.
Why Lane Splitting Is Still Prohibited Under West Virginia Law
West Virginia law does not currently permit lane splitting. Under West Virginia Code § 17C-7-9, motorcyclists must stay entirely within a single lane and are not allowed to pass between vehicles in the same lane. The law treats motorcycles like other vehicles when it comes to lane position and overtaking.
How Lane Positioning Can Affect Motorcycle Crash Liability
Even though lane splitting is not legal in West Virginia, your position in the lane can still affect what happens after a car accident. Insurance companies and defense lawyers may try to argue that you were riding unsafely, especially in shared-lane situations. That is why understanding how liability works under West Virginia Code § 55-7-13c, West Virginia’s modified comparative fault rule, can make a big difference.
Why Fault Percentages Affect Personal Injury Compensation
In a motorcycle crash claim, compensation can be reduced if you are found partially responsible. West Virginia follows a modified comparative fault rule when it comes to personal injury claims, which means you can still recover damages if you are less than 50% at fault. However, your award will be reduced based on your share of the blame, so it is important to present a clear picture of what happened.
When a Driver Claims You Were “Too Close” or Changed Lanes Unlawfully
Sometimes drivers say a motorcyclist was riding too close or weaving through traffic to avoid taking responsibility. These claims often come up when a rider was in a blind spot, near the center line, or trying to avoid being boxed in. Even if you were not lane splitting, your positioning might be used to shift fault, so you need a lawyer who can push back on unfair blame.
Why Choose Salango Law if You Were Hurt in a Motorcycle Crash
Motorcycle accident claims can get complicated fast, especially when lane position or traffic behavior is questioned. Our team understands how West Virginia Code § 17C-7-3 affects motorcycle cases and why riders need someone who truly understands how these crashes happen. Here is why riders across West Virginia trust us with their recovery:
- We understand how motorcycle crashes happen
- We stay current on motorcycle-specific laws and defenses
- We fight for compensation when riders are blamed unfairly
- We have recovered millions for West Virginia riders
Get Help From a Motorcycle Accident Lawyer Who Knows the Law
Your motorcycle accident attorney from Salango Law can guide you through complex questions about lane use and liability. Our team understands how West Virginia traffic laws apply when drivers point fingers after a crash. If you are ready to talk, contact us today.