Is Lane Splitting Legal in Texas? What Motorcycle Riders Need to Know

Attorney Adam Miller and his Sidekick McLovin’ on a motorcycle driving around Houston.

If you ride in Texas, you have probably wondered whether it is legal to slip between cars when traffic stops on I-45 or the Katy Freeway. It is not. Texas added an explicit ban in 2023, and the rule has no exception for slow or stopped traffic. This guide explains what the law says, what the penalty is, how other states handle it, and what the ban means for a rider who gets hit by a car. It is written by The Miller Law Firm, home of The Texas Bulldog, a Houston personal injury firm that helps injured riders.

Updated October 26, 2026. General information, not legal advice for your situation.

Quick answer: No. Since September 1, 2023, Texas law bars riding a motorcycle between lanes of traffic moving the same direction, with no exception for slow or stopped traffic. A rider hit by a careless driver can still recover money, but the other side may argue the rider shares the blame. Call 713-572-3333 for a free consultation.
At a glance
  • The rule: Transportation Code 545.0605 says a rider may not operate a motorcycle between lanes of traffic moving in the same direction.
  • Effective: September 1, 2023 (House Bill 4122).
  • Also banned: passing a car while in the same lane, and riding more than two motorcycles abreast.
  • Penalty: as we read the statute, the general traffic-offense fine of $1 to $200, plus court costs.
  • If you are hit: you can still recover unless a jury finds you more than 50 percent at fault.
  • Deadline: two years from the crash in most cases.
Attorney Adam Miller and his sidekick McLovin’ on a motorcycle with a sidecar in a Houston park
Adam Miller and McLovin’ out for a ride. The firm represents Houston-area riders hurt by careless drivers.

Is lane splitting legal in Texas?

No. Texas Transportation Code 545.0605, added by House Bill 4122 and in effect since September 1, 2023, sets out what a motorcycle operator may and may not do on a road with marked lanes. The operator:

  • May not operate the motorcycle between lanes of traffic moving in the same direction. That is lane splitting.
  • May not pass a motor vehicle while in the same lane as the vehicle being passed.
  • May not ride more than two motorcycles abreast (side by side) in one lane.
  • Is entitled to the full use of a lane, and other drivers may not drive in a way that takes that away.
  • May ride two abreast in one lane with another motorcycle.

The only exception is for police officers doing their jobs. The law does not make an exception for traffic that is slow, stopped or stuck in a jam. That is why riders who think of it as “lane filtering” are still breaking the rule in Texas.

The statute does not list its own penalty. As we read it, the general penalty for traffic offenses applies: a fine of $1 to $200 under Transportation Code 542.401, plus court costs. The ticket is the smaller problem. If a rider is hit by a car, an insurance company can use it to argue that the rider caused the crash.

Lane splitting, lane filtering and white-lining: what is the difference?

People use these words loosely. Here is how they are usually used, and where Texas stands on each.

TermWhat it meansIn Texas
Lane splittingRiding between lanes of moving traffic, passing cars on either side.Illegal (545.0605).
Lane filteringRiding between lanes of slow or stopped traffic, such as to the front at a red light.Illegal. The law has no exception for slow or stopped traffic.
White-liningRiding along the painted line between lanes. Another name for the same thing.Illegal.
Passing in the same laneRiding past a car inside the same lane.Illegal (545.0605).
Riding on the shoulderUsing the improved shoulder to get around traffic.Allowed only in specific cases, and only when necessary and safe (545.058).
Two motorcycles in one laneTwo riders side by side in a single lane.Allowed. More than two is not.

What riders can still do in Texas

The ban does not take away a rider’s rights on the road. You are entitled to a full lane, and a driver who squeezes you out of it is breaking the law. Two motorcycles can share a lane. You can pass another vehicle the way any driver does, by changing lanes when it is safe. And Texas law says every driver may move out of a lane only when the move can be made safely (Transportation Code 545.060). That duty applies to the person in the car next to you, too.

When traffic stops, stay in your lane and leave yourself an escape route: space on one side, in front of the car ahead, and a clear view of your mirrors. Being hit from behind while stopped is a real risk for riders. Our rear-end accident guide explains how those cases work.

Motorcyclist seen from behind riding between lines of stopped cars in a city traffic jam at dusk
A rider waits in stopped traffic. In Texas, a rider has to stay in the lane, even when cars are bumper to bumper.

Texas motorcycle laws at a glance

Lane rules are only part of the picture. Here are the other basic rules for riders, in plain words.

TopicThe rule
HelmetRiders and passengers must wear approved headgear, unless the person is at least 21 and has completed a motorcycle safety course or has health insurance that covers motorcycle crash injuries (Transportation Code 661.003).
LicenseYou need a Class M license, or a Class A, B or C license with motorcycle authorization. First-time applicants generally must complete a rider training course approved by the Department of Public Safety, with some exceptions such as riders with a valid out-of-state motorcycle license (Transportation Code 521.084 and 521.148).
InsuranceYou must be able to show financial responsibility, usually liability insurance, to operate any motor vehicle in Texas. The minimum limits are $30,000 per person and $60,000 per crash for injuries, plus $25,000 for property damage (Transportation Code 601.051 and 601.072).
Lane positionYou are entitled to a full lane. Two motorcycles may ride side by side in one lane. Lane splitting and passing within the same lane are not allowed (Transportation Code 545.0605).
Seat and passengersThe rider must sit on the permanent seat. A passenger is allowed only if the motorcycle is designed to carry more than one person and has footrests and handholds, and the passenger must be at least five years old unless riding in a sidecar (Transportation Code 545.416 and 547.617).
HeadlightA motorcycle may not be operated unless at least one headlamp is lit, day or night. Motorcycles built before the 1975 model year are exempt (Transportation Code 547.801).

This is a summary. Laws change, and some rules have exceptions, so check the statute or the Texas Department of Public Safety before you rely on it.

Which states allow lane splitting or lane filtering?

A few states allow some form of it, usually with limits on speed and road type. Texas is not one of them. This table covers the states we could confirm from official sources.

StateWhat is allowed
CaliforniaLane splitting is allowed, meaning riding between rows of stopped or moving vehicles in the same lane. The California Highway Patrol says it is legal and publishes safety tips.
UtahLane filtering only: between stopped traffic, on roads with a speed limit of 45 mph or less and two or more lanes in the same direction, at 15 mph or less. Not on freeways or on-ramps.
MontanaLane filtering since October 1, 2021: at 20 mph or less, passing a vehicle that is stopped or moving 10 mph or less.
ArizonaLane filtering under a 2022 law: on roads with two or more lanes in the same direction and a speed limit of 45 mph or less, at 15 mph or less.

Laws change, so check the rules before you ride in another state. In Texas, none of this applies.

Texas motorcycle crash numbers

Riders have less protection than drivers, and Texas crash data shows it. TxDOT’s motorcyclist tables count 559 riders killed and 2,470 seriously injured in 2025. That is about 1.5 riders killed every day. Nationally, the Insurance Institute for Highway Safety reports that per mile traveled, deaths on motorcycles in 2024 were almost 27 times the number in cars.

Texas motorcyclist deaths per year, 2016 to 2025

Texas motorcyclist deaths per year, 2016 to 2025Stacked column chart of Texas motorcyclist deaths by year from TxDOT. Totals: 2016, 500; 2017, 498; 2018, 420; 2019, 413; 2020, 483; 2021, 521; 2022, 562; 2023, 600; 2024, 585; 2025, 559. Each column is split into riders wearing a helmet, not wearing a helmet, and helmet use unknown.02004006005002016498201742020184132019483202052120215622022600202358520245592025Helmet wornHelmet not wornHelmet use unknown
Source: TxDOT, Motorcyclist Fatalities and Injuries by Age Group and Helmet Use, one report per year. Counts include riders and passengers on reportable crashes and can be revised after a report is published. Deaths were lowest in 2019 (413) and highest in 2023 (600).

Helmet use matters, but the numbers are not simple. In 2025, 359 of the 559 riders killed (64 percent) were wearing a helmet, 173 (31 percent) were not, and for 27 the report does not say. A helmet does not make a rider safe from a driver who does not look. Texas requires approved headgear unless the rider is at least 21 and has completed a motorcycle safety course or has health insurance that covers motorcycle crash injuries (Transportation Code 661.003).

What happened to Texas riders in crashes in 2025

What happened to Texas motorcyclists in crashes in 2025Bar chart from TxDOT: 559 motorcyclists killed, 2,470 seriously injured, 3,488 with minor injuries and 1,548 with possible injuries in 2025.Killed559Seriously injured2,470Minor injury3,488Possible injury1,548
Source: TxDOT, 2025 motorcyclist table. “Reportable” crashes only. Riders and passengers are both counted.

Houston-area crash numbers

Riders in Houston share the road with more traffic than almost anywhere in Texas. TxDOT counted 107,472 reportable crashes in Harris County in 2025. That is about 294 a day and roughly one in five of the 538,860 reportable crashes statewide. The county had 503 people killed (about 13 percent of the 3,769 deaths in Texas) and 2,630 suspected serious injuries.

People killed in crashes, Houston-area counties, 2025

People killed in crashes in Houston-area counties, 2025Bar chart from TxDOT of people killed in all reportable crashes in 2025: Harris County 503, Montgomery County 58, Fort Bend County 57, Brazoria County 42 and Galveston County 33.Harris County503Montgomery County58Fort Bend County57Brazoria County42Galveston County33
Source: TxDOT, Fatal Crashes and Fatalities by County and Road Type, 2025. These counts cover all vehicles. TxDOT’s public county tables do not separate out motorcyclists, so they show the traffic riders share the road with, not rider deaths alone.
CountyReportable crashesSuspected serious injuriesPeople killed
Harris County107,4722,630503
Fort Bend County12,80129757
Montgomery County12,39334658
Galveston County6,53218433
Brazoria County5,70919542

If a rider is hit, who is at fault?

This is the question most riders really want answered. The ban on lane splitting does not let a driver off the hook. It changes how the other side will argue the case.

Drivers have rules too

A driver may not take away a rider’s lane and may not change lanes unless it can be done safely. A driver who drifts into the next lane without checking mirrors and blind spots can hit a rider who was in the lane doing nothing wrong. In that case the crash is judged on what the driver did.

The 51 percent rule

If a rider was riding between lanes, the other side will say the rider helped cause the crash. Texas does not stop the claim there. It compares the blame. If a jury decides you are more than 50 percent at fault, you cannot recover damages (Civil Practice and Remedies Code 33.001). If you are 50 percent or less at fault, your damages are reduced by your share. The graph shows what a few percentage points can do to a $100,000 claim, and our comparative fault guide goes deeper.

How your share of blame changes what you can recover

How your share of fault changes what you can recoverLine graph for an example $100,000 claim. At 0% at fault you can recover $100,000, at 25% $75,000, at 50% $50,000, and at 51% or more you recover nothing.$0k$25k$50k$75k$100k0%25%50%75%100%0% at fault: $100,00025% at fault: $75,00050% at fault: $50,00051% or more: $0Your share of the blame for the crashWhat you can recover
An example $100,000 claim, for illustration only. Real cases depend on the evidence, the injuries and the insurance involved.

How fault can play out when a rider is hit

How fault can play out when a rider is hitFlow chart. Question one: was the rider riding between lanes, or passing in the same lane? If no, the crash is judged on the other driver’s actions. If yes, the rider may be assigned part of the blame. Question two: is the rider more than 50 percent at fault? If yes, Texas law bars the rider from recovering damages. If no, the rider’s damages are reduced by the rider’s share of the blame.Was the rider riding between lanesor passing within the same lane?NoFault is judged onwhat the other driverdid, such as an unsafelane changeYesIs the rider more than50% at fault?NoThe rider can recover, butthe amount is reduced bythe rider’s share of blameYesTexas law bars therider from recoveringdamages (CPRC 33.001)A jury or the insurance companies decide the percentages,so evidence from the scene matters more than the rule.Based on Transportation Code 545.0605 and Civil Practice and Remedies Code 33.001 and 33.012.
A simplified map, not legal advice. Every case has its own facts.

What insurance companies do with lane splitting

Adjusters look for any reason to push the percentage up. “He was splitting lanes” is an easy line, even when it is not true. If the other driver says you were between lanes and you were not, the fight is over the evidence: your lane position, your speed, where the cars were and what the driver was doing. Witnesses, nearby cameras, a helmet or handlebar camera and the position of the vehicles after the crash can all matter. The other driver’s insurance company will also ask for a recorded statement, and our recorded statement guide explains why you should be careful before you give one.

What to do after a motorcycle crash in Texas

  1. Call 911 and get medical care first. Adrenaline hides injuries.
  2. Stay at the scene and move to safety if you can. Texas law requires drivers in a crash with injuries to report it to the police.
  3. Take photos and video of the vehicles, the road, the lanes, any skid marks and your injuries.
  4. Get names and phone numbers from the other driver and any witnesses, and the other driver’s insurance information.
  5. Keep your helmet and riding gear. Do not repair or throw them away. They are evidence.
  6. Save camera footage from a helmet cam, handlebar cam or nearby business before it is recorded over.
  7. Do not say you were splitting lanes, or that you are fine. Stick to simple facts and tell the officer where it hurts.
  8. See a doctor the same day or the next, and follow the treatment plan. Gaps in treatment give insurance companies an argument.
  9. Do not give a recorded statement or sign a release until you have talked to a lawyer.
  10. Call a motorcycle accident lawyer before you accept an offer. Our motorcycle accident practice area page explains how we help riders.

If the other driver had no insurance, your own uninsured motorist coverage may help. See our uninsured and underinsured motorist guide.

What an injured rider may be able to recover

If another driver caused your crash, Texas law lets you ask for the losses the crash caused. Depending on the case, that can include:

  • Medical bills, including the cost of future care
  • Lost wages and a lower ability to earn income
  • Pain, suffering and mental anguish
  • Physical impairment and scarring
  • Repair or replacement of your motorcycle and gear

No lawyer can promise a result. What you can recover depends on the injuries, the insurance available and who was at fault. Our settlement calculator guide explains the factors, and our guide to the first settlement offer explains why the first number is rarely the best one.

What our clients say

★★★★★

“My auto insurance told me that I wasn’t going to get anything at all. However, I got PAID! Thank you so much again.”

— Tiera Isom
★★★★★

“Mr. Miller and his team is very reliable and will listen to every concern you have. They will fight to get the best outcome for you. You are granted to feel like family here.”

— Jae Malbrough
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“All my medical bills were paid and I still walked away with money. Erica and Julia were awesome!”

— O’Neal Thompson

The firm holds a 4.9-star rating on Google. Read more client reviews.

Clients celebrating their case results with Adam Miller in our Winner’s Circle.

Results for injured Texans

These are examples from our case results page. They show how we handle serious injury claims. None of them is a lane-splitting case.

$400,000

Serious Vehicle Crash

Settlement obtained for a client injured in a serious motor vehicle collision.

$325,000

Car Accident Trial Verdict

Attorney Adam Miller took this case to trial after a collision on Interstate 10 near Columbus, Texas. The client suffered back injuries requiring surgery. The jury returned a $325,000 verdict.

$260,000

Bicyclist Hit by an 18-Wheeler

Settlement obtained for a bicyclist who was struck by an 18-wheeler.

$300,000

Pedestrian Hit in Parking Lot

Recovery obtained for a pedestrian who was struck by a vehicle in a parking lot.

Every case is different. Past results do not guarantee or predict a similar result in any future case. The results shown are representative examples and depend on the specific facts and circumstances of each matter.

Who you would be working with

Attorney Adam H. Miller, The Texas Bulldog, in his Houston office

Adam H. Miller leads The Miller Law Firm, a Houston personal injury firm known as The Texas Bulldog. The firm’s attorneys have recovered hundreds of millions of dollars for injured clients and their families through settlements and jury verdicts across Texas.

Riders who call us talk to someone who will listen, explain the 51 percent rule in plain words and look at the evidence before anyone decides who was at fault. The consultation is free, and you pay no attorney’s fees unless we recover money for you.

Meet our team  |  Motorcycle accident attorneys

Watch: why riders get blamed after a crash, even when it is not their fault.

Frequently asked questions about lane splitting in Texas

Is lane splitting illegal in Texas?

Yes. Since September 1, 2023, Texas Transportation Code 545.0605 says a motorcycle operator may not operate the motorcycle between lanes of traffic moving in the same direction. The only exception in the law is for police officers doing their jobs.

Is lane filtering legal in Texas?

No. Lane filtering means riding between stopped or slow traffic. The Texas law bars riding between lanes of traffic moving in the same direction and does not carve out an exception for slow or stopped traffic.

What is the penalty for lane splitting in Texas?

The statute does not set its own penalty, so as we read it the general penalty for traffic offenses applies: a fine of $1 to $200 (Transportation Code 542.401), plus court costs. The bigger risk is often a later injury claim, where an insurance company can point to the ticket to argue that the rider was partly at fault.

Can a motorcycle pass a car in the same lane in Texas?

No. The same law bars a rider from passing a motor vehicle while in the same lane as that vehicle. A rider can change lanes safely to pass, the way any other driver does.

Can two motorcycles ride side by side in one lane?

Yes. Texas allows two motorcycles to ride two abreast in a single lane. Riding more than two abreast is not allowed. A rider is also entitled to the full use of a lane, and other drivers may not drive in a way that takes that away.

Can a motorcycle ride on the shoulder in Texas?

Only in limited cases. Texas lets any driver use an improved shoulder when it is necessary and safe, but only for specific reasons, such as stopping or parking, speeding up before entering traffic, slowing before a right turn, passing a vehicle that is slowing or stopped, or avoiding a collision (Transportation Code 545.058). The shoulder is not a bonus lane.

Which states allow lane splitting?

California allows lane splitting. Utah, Montana and Arizona allow lane filtering with limits on speed and road type. Laws change, so check the current rules before you ride in another state. Texas does not allow either one.

If I was hit while lane splitting, can I still get paid in Texas?

Possibly. Texas uses a 51 percent rule. If a jury finds you more than 50 percent at fault, you cannot recover damages (Civil Practice and Remedies Code 33.001). If you are 50 percent or less at fault, your damages are reduced by your share (33.012). See our comparative fault guide.

Who is at fault if a car changes lanes into a motorcycle?

A driver who changes lanes must be able to do it safely (Transportation Code 545.060). If the driver did not check mirrors and blind spots, did not signal, or cut across a rider, the driver may be responsible. Each crash turns on its own facts, so get the evidence early.

Do motorcycle riders have to wear a helmet in Texas?

Yes, with an exception. A rider and passenger must wear approved protective headgear, unless the person is at least 21 and has completed a motorcycle operator training and safety course or is covered by a health insurance plan with medical benefits for injuries from a motorcycle crash (Transportation Code 661.003). Riding without a helmet does not by itself bar an injury claim, but insurance companies bring it up.

How long do I have to file a claim after a motorcycle accident in Texas?

In most cases you have two years from the date of the crash to file a lawsuit for injuries or property damage (Civil Practice and Remedies Code 16.003). See our statute of limitations guide. Insurance policies can set shorter deadlines for reporting a claim.

Should I give the other driver’s insurance company a recorded statement after a motorcycle crash?

Not before you talk to a lawyer and know the full extent of your injuries. Adjusters ask questions designed to shift blame to the rider. Read our recorded statement guide.

Do I need a special license to ride a motorcycle in Texas?

Yes. You need a Class M license, or a Class A, B or C license with motorcycle authorization. First-time applicants generally must complete a rider training course approved by the Department of Public Safety, with some exceptions (Transportation Code 521.084 and 521.148). Riding without the right license can also give an insurance company something to argue about after a crash.

Does Texas require motorcycle insurance?

Yes. Texas requires proof of financial responsibility, usually liability insurance, to operate a motor vehicle, and that includes motorcycles. The minimum limits are $30,000 per person and $60,000 per crash for injuries, plus $25,000 for property damage (Transportation Code 601.051 and 601.072). Those limits are low, so ask about uninsured and underinsured motorist coverage. See our guide.

How many people are killed in crashes in Harris County each year?

TxDOT counted 503 people killed in reportable crashes in Harris County in 2025, out of 3,769 statewide. That figure covers all vehicles, not just motorcycles. TxDOT’s public county tables do not break out motorcyclists.

How much does a motorcycle accident lawyer cost?

The first consultation is free, and we are paid only if we recover money for you. We do not charge attorney’s fees up front. See our fee guide.

Our Houston office and service area

If you would rather talk in person, call first and we will set up a free consultation. The Miller Law Firm helps injured riders and drivers across the Greater Houston area, including Sugar Land, Katy, Pearland, Conroe, Baytown, Humble, Cypress and Galveston. Start with our Houston motorcycle accident lawyer page.

The Miller Law Firm
4900 Woodway Drive, Suite 900
Houston, TX 77056
Phone: 713-572-3333
Get directions

Related guides

Sources

  • Texas Transportation Code, section 545.0605 (motorcycles on a roadway laned for traffic, added by Acts 2023, 88th Legislature, H.B. 4122, effective September 1, 2023) and sections 545.058 and 545.060.
  • Texas Transportation Code, section 542.401 (general penalty) and section 661.003 (protective headgear).
  • Texas Civil Practice and Remedies Code, section 33.001 and section 33.012 (proportionate responsibility), and section 16.003 (two-year deadline).
  • Texas Department of Transportation, Motor Vehicle Crash Statistics, Motorcyclist Fatalities and Injuries by Age Group and Helmet Use, 2016 to 2025.
  • Texas Transportation Code, sections 521.084 and 521.148 (motorcycle license and training), 545.416 and 547.617 (seat and passengers), 547.801 (headlamp), and 601.051 and 601.072 (financial responsibility and minimum limits).
  • Texas Department of Transportation, Crashes and Injuries by County 2025, and Fatal Crashes and Fatalities by County and Road Type 2025, from Motor Vehicle Crash Statistics.
  • Insurance Institute for Highway Safety, Motorcycles, citing NHTSA 2024 data.
  • California Highway Patrol, California Motorcyclist Safety; Utah Ride to Live; Arizona Laws 2022, Chapter 42; Montana lane filtering law (Senate Bill 9, 2021).
Hurt in a motorcycle crash? Call 713-572-3333 for a free consultation. You pay no attorney’s fees unless we recover money for you. The Miller Law Firm, home of The Texas Bulldog. Se habla español.