Who Is at Fault for a Motorcycle Accident Caused by Lane Splitting in Colorado?

 Posted on September 19, 2025 in Car Accident

Lane splitting is a controversial practice, legal in some states and illegal in others. Legality aside, lane splitting can be highly dangerous, especially in moving traffic. If you were injured in a crash involving lane splitting, you need help. Speak with an experienced Larimer County, CO motorcycle accident lawyer to discuss the details of your case and start building your claim.

Is Lane Splitting Legal in Colorado?

Lane splitting happens when a motorcyclist rides between lanes of slow-moving or stopped traffic. Under Colorado Revised Statutes (C.R.S.) § 42-4-1503(6), motorcyclists cannot pass cars in the same lane or ride between two lanes of traffic. However, Colorado recently made an important change for riders.

Beginning in August 2024, lane filtering became legal in certain situations.This means that motorcycles can move between stopped cars at a red light. The law is limited and does not allow riders to weave through moving traffic. It only gives them more flexibility at intersections where cars are fully stopped. Lane splitting remains illegal. 

A July 2025 report indicates that motorcycle deaths in Colorado have increased since lane filtering became legal, raising safety concerns. Despite the danger, it matters whether a rider was lane splitting or lane filtering when deciding if they were following the law or are liable for a crash.

How Is Fault Determined in Motorcycle Lane Splitting Accidents?

After a crash, both insurance companies and police examine what happened in the accident to decide who was at fault. Police reports, witness statements, traffic camera footage, and accident reconstruction can all play a role. For example, if a car changes lanes without signaling and hits a motorcyclist, the driver may be negligent under C.R.S. § 42-4-903. This law requires drivers to use turn signals when changing lanes.

The rider’s actions also matter. If they were lane splitting, they could be found partly at fault, since it is illegal. An attorney can review the details of the case to determine whether the motorcyclist was following traffic laws.

Understanding Shared Liability in a Lane Splitting Motorcycle Accident Case

Colorado uses a modified comparative negligence rule in cases where fault is shared. According to C.R.S. § 13-21-111, an injured person can recover damages as long as they are found to be less than 50 percent at fault for the accident. The compensation is reduced by the percentage of fault assigned.

For example, a motorcyclist might be found 40 percent responsible for lane splitting. At the same time, the driver could be 60 percent at fault for an unsafe lane change. In that situation, the motorcyclist could still recover 60 percent of their damages. If the biker is found more than 50 percent at fault, they cannot recover damages. The risk of losing compensation is part of why having an experienced personal injury attorney is so important.

Schedule a Free Consultation With a Fort Collins, CO Motorcycle Accident Attorney Today

At Hoggatt Law Office, P.C., our Larimer County, CO motorcycle accident lawyer brings extensive experience to these difficult cases and is committed to protecting his clients’ rights. He is a member of the Colorado Trial Lawyers Association and the Workers’ Compensation Education Association. These roles reflect his dedication to helping injury victims and workers across the state.

If you have questions about your case, call 970-225-2190 today to schedule a free consultation. We proudly serve Spanish-speaking clients as well. Se Habla Español.