Is Lane Splitting Legal in AZ? | Phoenix Motorcycle Lawyer – Desert Winds Law
Riding a motorcycle in the Valley of the Sun offers freedom, but it also comes with unique risks. Heavy traffic on the I-10, the Loop 101, and the surface streets of North Phoenix can be frustrating and dangerous. When a motorcycle accident occurs, one of the first questions insurance adjusters often ask is: “Were you lane splitting?”
This means it’s time to call a Phoenix Motorcycle Lawyer.
The answer to this question can significantly impact your ability to recover compensation for your injuries. However, Arizona law on this subject changed recently, leading to confusion among many riders. It is crucial to understand the difference between illegal “lane splitting” and the newly permitted “lane filtering.”
If you were injured in a motorcycle accident in Phoenix or North Phoenix, understanding these legal distinctions is the first step in protecting your claim.
The Crucial Difference: Lane Splitting vs. Lane Filtering
Many people use these terms interchangeably, but Arizona law treats them very differently.
Lane Splitting: ILLEGAL
“Lane splitting” is the practice of riding a motorcycle between lanes of moving traffic traveling in the same direction.
In Arizona, traditional lane splitting is illegal.
Arizona Revised Statute (A.R.S.) § 28-903(C) explicitly prohibits operating a motorcycle “between the lanes of traffic or between adjacent rows of vehicles” (with the narrow exception discussed below). If traffic is flowing—even if it’s slow-moving rush hour traffic—you must remain entirely within your lane.
Lane Filtering: LEGAL (Under Strict Conditions)
In 2022, Arizona legalized a limited practice known as “lane filtering.” This allows motorcyclists to move slowly between stopped vehicles, typically to advance to the front of an intersection. This law (A.R.S. § 28-903(F)) was enacted to help reduce the risk of motorcyclists being rear-ended while stopped in traffic.
However, lane filtering is only legal if all of the following conditions are met:
Vehicles are Stopped: The surrounding traffic must be at a complete stop. If cars are moving, filtering is illegal.
Speed Limit 45 MPH or Less: The posted speed limit on the roadway must be 45 miles per hour or less. This restricts lane filtering to surface streets (like Bell Road, Camelback Road, or 7th Street) and prohibits it on most highways and freeways (like I-17 or SR-51).
Motorcycle Speed 15 MPH or Less: The motorcyclist must not exceed 15 miles per hour while maneuvering between the stopped vehicles.
Two or More Lanes: The street must have at least two adjacent lanes traveling in the same direction.
Safety First: The maneuver must be made safely.
If your actions do not meet all these criteria, you are violating the law.
How Lane Splitting Affects Your Motorcycle Accident Claim
If you are involved in an accident while maneuvering between lanes, the legality of your actions immediately comes into focus. Insurance companies will aggressively investigate the circumstances to shift blame onto the motorcyclist and minimize their payout.
Negligence Per Se
If the evidence shows you were illegally lane splitting (for example, riding between moving cars or filtering on the freeway), the defense will argue that you are “negligent per se.” In Arizona, violating a statute enacted for public safety is considered negligence as a matter of law. This means the court assumes you were acting negligently simply because you were violating the traffic law.
Arizona’s Comparative Negligence Rules
However, being found partially negligent does not automatically destroy your case in Arizona.
Arizona follows the rule of Pure Comparative Negligence (A.R.S. § 12-2505). This means that fault is allocated proportionally. Even if you are found partially at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault.
Scenario 1: Legal Lane Filtering.
If you were legally filtering (under 15 mph, past stopped cars on a 45 mph street) and a driver opened their door or suddenly turned into you, that driver is likely 100% liable for your injuries.
Scenario 2: Illegal Lane Splitting.
If you were illegally lane splitting (e.g., traveling 30 mph between moving cars), but a distracted driver swerved violently without signaling and hit you, a jury might find the driver 70% at fault and you 30% at fault. If your total damages were $100,000, you would still recover $70,000.
Contact an Experienced Phoenix Motorcycle Accident Lawyer
Accidents involving lane splitting and lane filtering are legally complex. Insurance adjusters often harbor biases against motorcyclists and may try to use A.R.S. § 28-903 to unfairly blame you for the crash.
It is vital to have a legal team that understands the nuances of these laws and how they apply to the realities of riding in Phoenix traffic. We know how to investigate these crashes, analyze the precise conditions at the time of the accident, and fight to ensure fault is assigned correctly.
If you’ve been injured in a motorcycle accident in North Phoenix or anywhere in the Valley, contact Desert Winds Law today for a free consultation. Let us help you protect your rights and secure the compensation you deserve.
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