Ever watched a motorcycle zip between cars stuck in Denver traffic and wondered, “Is that even legal?” You’re definitely not alone. Lane splitting – where motorcyclists ride between lanes of slow-moving or stopped traffic – is one of those confusing gray areas that leaves drivers and riders alike scratching their heads. And honestly, with Colorado’s ever-changing traffic laws, it’s tough to keep up with what’s allowed and what could land you in hot water.
So, let me break down everything you need to know about lane splitting in Colorado, your legal rights, and what happens if things go sideways. Trust me, after spending years watching these cases unfold, there’s more to this topic than meets the eye.
What Exactly Is Lane Splitting?
Before we jump into the legal stuff, let’s make sure we’re all on the same page. Lane splitting is when a motorcycle rides between two lanes of traffic, usually when cars are stopped or crawling along at a snail’s pace. You’ve probably seen it during rush hour on I-25 or when there’s construction backing up traffic for miles.
Now, don’t confuse this with lane sharing (that’s two motorcycles riding side by side in the same lane) or lane filtering (motorcycles moving to the front of stopped traffic at a red light). They’re all different, and the laws treat them differently too.
Here’s the thing – lane splitting makes some drivers nervous, and I totally get it. You’re sitting there in bumper-to-bumper traffic, and suddenly a motorcycle appears out of nowhere between you and the car next to you. It can be startling, especially if you weren’t expecting it.
Colorado’s Current Lane Splitting Laws
Alright, here’s where things get interesting. As of 2024, Colorado does NOT explicitly allow lane splitting. But – and this is a big but – it doesn’t explicitly ban it either. Colorado is stuck in this weird legal limbo where the practice exists in a gray area.
Most states have clear-cut rules. California, for example, legalized lane splitting back in 2016 with specific guidelines. Other states like Texas and Florida have outright bans. Colorado? We’re somewhere in between, which honestly makes things more complicated for everyone involved.
The Colorado Department of Transportation and our state legislature have been dancing around this issue for years. There have been several attempts to pass legislation either allowing or banning the practice, but nothing’s stuck yet. This leaves motorcyclists, car drivers, and even law enforcement scratching their heads about what’s actually legal.
What we do know is that Colorado follows pretty standard traffic laws about lane usage. Generally speaking, vehicles are supposed to stay within their designated lanes unless they’re making a legal lane change. So while there’s no specific “no lane splitting” law, you could potentially get ticketed for reckless driving, improper lane usage, or following too closely if an officer decides your lane splitting was unsafe.
The Legal Gray Zone: What This Means for You
Living in this legal gray area creates some real headaches. If you’re a motorcyclist, you might think, “Well, if it’s not specifically illegal, I can do it.” But that’s not necessarily true. Police officers have discretion in how they interpret traffic laws, and what one officer considers safe lane splitting, another might see as reckless driving.
I’ve seen cases where motorcyclists got tickets for “unsafe passing” or “failure to maintain lane” when they were lane splitting. The charges might not specifically mention lane splitting, but the end result is the same – you’re getting a ticket and potentially facing fines.
On the flip side, if you’re a car driver and a motorcyclist lane splits past you, you can’t just assume they’re breaking the law. This uncertainty makes it harder to know how to react or what to expect on the road.
The gray zone also creates problems for insurance companies. When there’s an accident involving lane splitting, figuring out who’s at fault becomes much more complicated. Without clear laws, insurance adjusters and courts have to look at each situation individually, considering factors like speed, traffic conditions, and whether the maneuver was reasonable under the circumstances.
When Lane Splitting Leads to Accidents
Here’s where things get really messy. Accidents involving lane splitting can be absolute nightmares to sort out, and I’ve seen too many of them over the years. The lack of clear laws makes determining fault incredibly complicated.
Let’s say you’re driving down Speer Boulevard in slow traffic, and you decide to change lanes without fully checking your mirrors. A motorcycle that was lane splitting hits your car during the lane change. Who’s at fault? In a state with clear lane splitting laws, this might be easier to figure out. In Colorado, it’s going to depend on a bunch of factors.
Common lane splitting accidents I’ve seen include:
- Cars changing lanes into motorcycles that were splitting lanes
- Motorcycles clipping side mirrors or scraping against cars
- Rear-end collisions when traffic suddenly stops
- Accidents at intersections when lane-splitting motorcycles encounter turning vehicles
The injuries in these accidents can be pretty bad. Motorcyclists don’t have the protection of a steel cage around them, so even minor collisions can result in serious injuries. I’ve worked with clients who’ve suffered everything from road rash and broken bones to traumatic brain injuries and spinal cord damage.
Your Rights as a Motorcyclist
If you ride a motorcycle in Colorado, you need to know your rights – even in this legal gray area. First off, you have the same rights to the road as any other vehicle. You’re not a second-class citizen just because you’re on two wheels instead of four.
That said, with rights come responsibilities. Even if lane splitting isn’t explicitly illegal, you still need to ride responsibly. That means:
- Only attempting to split lanes when traffic is moving slowly or stopped
- Not exceeding the speed of surrounding traffic by more than 10-15 mph
- Being extra aware of your surroundings and watching for cars that might change lanes
- Avoiding lane splitting in bad weather or poor visibility conditions
If you’re involved in an accident while lane splitting, don’t automatically assume you’re at fault. The other driver might have been texting, failed to signal, or made an unsafe lane change. You have the right to have your case evaluated fairly, considering all the factors involved.
Document everything if you’re in an accident. Take photos of the scene, get witness contact information, and don’t admit fault at the scene. The legal gray area around lane splitting means these cases often come down to the specific details of what happened.
What Car Drivers Need to Know
If you drive a car in Colorado, understanding lane splitting can help you avoid accidents and know your rights if something does happen. Even though the law is unclear, motorcycles are still legitimate traffic, and you need to share the road respectfully.
Here’s what I tell people: always check your mirrors and blind spots before changing lanes, especially in heavy traffic. I can’t tell you how many accidents I’ve seen that could have been prevented if the car driver had just taken an extra second to look.
Don’t try to “police” motorcyclists by blocking them or making aggressive moves. Even if you think what they’re doing is illegal, that’s not your job. Road rage incidents never end well for anyone involved.
If a motorcycle does hit your car while lane splitting, don’t automatically assume they’re at fault. Yes, they might have been riding aggressively or unsafely, but you might have contributed to the accident too. Let the professionals sort out the fault determination.
Insurance Complications in Lane Splitting Cases
Insurance companies hate uncertainty, and Colorado’s unclear lane splitting laws create plenty of it. When there’s an accident involving lane splitting, insurance adjusters have to work harder to determine fault, and that often means longer claim processing times and more disputes.
Here’s something most people don’t realize: even if lane splitting were completely legal, it wouldn’t automatically make the motorcyclist not at fault in an accident. And even if it were completely illegal, it wouldn’t automatically make them at fault either. Fault determination depends on the specific circumstances of each accident.
I’ve seen cases where insurance companies tried to deny claims by arguing that lane splitting was inherently unsafe, even without a specific law against it. I’ve also seen cases where they tried to place all the blame on the car driver, arguing that motorcycles have the right to use the full lane.
The key is having good documentation and, frankly, good legal representation if the insurance companies won’t play fair. These cases can get complicated quickly, and you don’t want to go it alone against experienced insurance adjusters who deal with this stuff every day.
Recent Legislative Attempts and Future Outlook
Colorado lawmakers have been trying to figure out the lane splitting issue for years now. There have been several bills introduced that would either explicitly allow or ban the practice, but none have made it through the full legislative process yet.
The most recent serious attempt was a bill that would have allowed lane filtering (motorcycles moving to the front at red lights) under specific conditions. It had some support from motorcycle advocacy groups and even some law enforcement, but it didn’t make it out of committee.
Part of the challenge is that people have strong opinions on both sides. Motorcycle riders argue that lane splitting reduces traffic congestion and can actually be safer in certain situations. Car drivers often see it as dangerous and unfair – why should motorcycles get to skip ahead in traffic?
Law enforcement is split too. Some officers think clear rules would make their jobs easier, while others worry about the safety implications and enforcement challenges.
My prediction? Colorado will eventually pass some kind of legislation to clarify the rules. The current gray area creates too many problems for everyone involved. Whether that legislation allows or bans lane splitting remains to be seen, but I think we’ll have clearer rules within the next few years.
What to Do If You’re in a Lane Splitting Accident
If you find yourself in an accident involving lane splitting, here’s what you need to do:
First, get medical attention if anyone is injured. Don’t tough it out – adrenaline can mask serious injuries, and some problems don’t show up immediately.
Call the police, even if the accident seems minor. Having an official police report can be incredibly helpful later, especially in these legally gray situations.
Document everything you can. Take photos of the vehicles, the road conditions, traffic patterns, and any visible injuries. Get contact information from witnesses – their testimony could be super important later.
Don’t admit fault or make statements about who was responsible. Stick to the facts about what happened. Remember, fault determination in lane splitting cases can be complicated, and what seems obvious at the scene might not be so clear once all the facts come out.
Contact your insurance company promptly, but be careful about giving recorded statements until you’ve had a chance to understand your rights fully. Insurance adjusters are trained to ask questions that might not be in your best interest to answer without preparation.
Consider consulting with an experienced personal injury attorney, especially if there are significant injuries or property damage. These cases can get complex quickly, and having someone on your side who understands both the legal issues and the insurance process can make a huge difference.
At McCormick & Murphy, P.C., we’ve been handling motorcycle accident cases in Colorado for decades. We understand the unique challenges these cases present, especially with the current legal uncertainty around lane splitting. If you’ve been involved in a lane splitting accident, we can help you understand your rights and options. You can find us at our Denver office or learn more about our professional services and client reviews.
Safety Tips for Everyone
Regardless of the legal status, safety should be everyone’s top priority. If you’re a motorcyclist considering lane splitting, do it smart:
- Only split lanes when traffic is moving slowly or stopped
- Don’t split lanes at high speeds – the speed difference should be minimal
- Avoid splitting lanes in bad weather, at night, or in other low-visibility conditions
- Watch for cars that might change lanes suddenly
- Don’t split lanes near on-ramps or off-ramps where traffic patterns are unpredictable
If you’re a car driver, help keep everyone safe:
- Check your mirrors and blind spots before changing lanes
- Use your turn signals every time
- Don’t make sudden lane changes in heavy traffic
- Leave extra space between vehicles when possible
- Stay off your phone and pay attention to what’s happening around you
The reality is that motorcycles and cars are going to continue sharing Colorado’s roads, regardless of what the legislature decides about lane splitting. We all need to do our part to make sure everyone gets home safely.
The Bottom Line
Lane splitting in Colorado exists in a frustrating legal gray area that creates uncertainty for everyone involved. While it’s not explicitly illegal, it’s not clearly legal either, and that ambiguity can lead to complications if there’s an accident.
Whether you’re on two wheels or four, understanding the current state of the law and your rights is important. If you do find yourself in an accident involving lane splitting, don’t assume anything about fault or liability. These cases require careful analysis of all the facts and circumstances.
The most important thing is safety. No matter what the law says or doesn’t say, we all need to share the road responsibly. That means motorcyclists need to ride defensively and car drivers need to be aware of motorcycles around them.
If you’ve been involved in a motorcycle accident in Colorado, whether it involved lane splitting or not, don’t try to handle it alone. The legal and insurance issues can be complex, and you deserve to have someone fighting for your rights. At McCormick & Murphy, P.C., we’ve been helping accident victims for over 25 years, and we understand the unique challenges motorcycle accident cases present.
Remember, we handle most personal injury claims on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. If you’ve been hurt in a motorcycle accident, give us a call at (888)-668-1182. We’re here to help you understand your options and fight for the compensation you deserve.
The road can be dangerous enough without having to worry about unclear laws and unfair insurance companies. Let us handle the legal stuff while you focus on getting better.
