Motorcycle Lane Filtering Now Legal in Colorado

Motorcycle deaths in Colorado hit a record level in 2022, but a new state law allowing motorcycle lane-filtering hopes to improve motorcycle safety.

On August 7, 2024, the Centennial state joined a short list of states that have legalized motorcycle lane filtering in recent years. The practice allows motorcycles to pass other vehicles in the same lane under certain circumstances.

Motorcyclists widely welcome laws permitting lane filtering, but not everyone shares the same enthusiasm. Here, we will look at the pros and cons of lane filtering and provide a Denver motorcycle accident lawyer’s perspective.

At Fuicelli & Lee Injury Lawyers, we recognize the special risks motorcyclists face whenever they hit the road. We are committed to helping motorcycling enthusiasts injured through no fault of their own recover full, fair, and complete compensation for their injuries.

What is Motorcycle Lane Filtering?

Lane filtering allows motorcyclists to navigate between lanes of traffic. This practice isn’t just about convenience – it’s a safety measure that can reduce the risk of rear-end collisions, which are exceptionally dangerous for motorcyclists.

The concept might seem new to some, but the practice has gained traction across the United States. As of 2024, Colorado joins states like California, Utah, Montana, and Arizona in recognizing the potential safety benefits of lane filtering.

New Jersey is another state where lane filtering is legal, but only because no laws expressly prohibit it.

Each state has its own rules governing lane filtering, so Colorado motorcyclists must know these rules when crossing the border into states that allow it, or driving in any other state where filtering lanes is legal.

Colorado’s Lane Filtering Law: 5 Things You Need to Know

Governor Jared Polis approved Senate Bill 24-079 legalizing lane filtering on April 4, 2024. The law took effect on August 7.

Motorcyclists can now legally maneuver between vehicles, but only in limited circumstances.

Colorado’s lane filtering bill contains five key provisions that motorcyclists must adhere to if they don’t want to break the law:

1. Traffic must be at a standstill: Motorcyclists can only filter when other vehicles in their lane and adjacent lanes completely stop. It’s not a license to weave through moving traffic.
2. Left-side passing only: Riders must pass only the left side of vehicles in front of them. This aligns with general traffic expectations and helps other drivers anticipate motorcycle movements. Passing on the shoulder remains illegal for motorcycles and all vehicles.
3. Speed matters: When filtering, motorcycles must not exceed 15 miles per hour. This speed limit ensures that riders have enough time to react to any sudden changes in traffic.
4. Space is key: The lane must provide enough room for the motorcycle to pass safely alongside other vehicles. Squeezing through tight spaces is not only illegal but also dangerous.
5. Know when to stop: Once stopped vehicles begin to move again, motorcyclists must cease filtering and reenter the normal flow of traffic. This prevents conflicts with accelerating vehicles.

Is Lane Filtering the Same as Lane Splitting?

Many people use the terms lane filtering and lane splitting interchangeably, but there are some major differences.

Lane splitting involves motorcyclists riding between lanes of moving traffic, often at higher speeds than in lane filtering. Motorcyclists who split lanes essentially ride on the yellow line or close to it. Picture a motorcycle passing between cars on a busy highway, all vehicles in motion. That’s lane splitting.

As of 2024, California is the only state where lane splitting is explicitly legal. The Golden State legalized the practice in 2016, recognizing it as a way to reduce traffic congestion and potentially improve motorcycle safety.

California’s lane splitting and filtering laws specify how motorcyclists can move through traffic. While no other states have legalized lane splitting, Colorado is among the few states currently considering it.

The Future of Lane Filtering in Colorado

The lane filtering law in Colorado includes a sunset provision, meaning it will be automatically repealed on September 1, 2027, unless renewed by the legislature. Before that date, the Colorado Department of Transportation (CDOT) will analyze the law’s effect on motorcycle safety and traffic flow.

CDOT’s analysis will compare data from before and after the law’s implementation, focusing on factors such as rear-end collisions involving motorcycles, side-swipe accidents, overall motorcycle accident rates, and traffic congestion in urban areas.

The results of this study will play a pivotal role in determining whether Colorado permanently adopts the new traffic law.

What Car and Truck Drivers Should Know About Lane Filtering in Colorado

Motorcycle lane filtering will undoubtedly take some getting used to for some motorists. The success of the new law won’t just depend on motorcyclists’ behavior; it will require the cooperation of all motorists sharing the road.

Here’s how car and truck drivers can do their part:

• Be aware and check your mirrors: Regularly scan your mirrors for approaching motorcycles, especially when stopped in traffic.
• Give space when possible: When stopped, leave enough room for motorcycles to filter safely. This small courtesy can make a big difference.
• Avoid blocking: Don’t deliberately block motorcyclists from filtering. It’s not only illegal but also creates unnecessary tension on the road.
• Stay in your lane: Avoid sudden lane changes when traffic is stopped. A motorcycle may be approaching in the space between lanes.
• Practice patience: Remember that lane filtering can help reduce overall traffic congestion, allowing motorcycles to filter out of traffic to the benefit of all motorists.

Is Motorcycle Filtering Really Safe?

In the states that started allowing lane filtering in recent years, either there has been no noticeable difference in the rate of motorcycle deaths and injuries, or it is still too early to tell.

Supporters say that Colorado lane filtering has some safety benefits, including:

1. Reduced rear-end collision risk: Allowing motorcycles to move between stopped vehicles minimizes their chances of other drivers hitting them from behind – a common and often severe type of motorcycle accident that often occurs just as traffic approaches a drastic slowdown. Cars, SUVs, or worse, commercial trucks may rear-end motorcyclists at the tail end of traffic that stops or slows.
2. Enhanced visibility: When motorcycles drive between lanes, other drivers might see them better, reducing the likelihood of sudden lane changes that could cause accidents.
3. Decreased exposure to exhaust fumes: Sitting in traffic exposes riders to concentrated exhaust fumes. Lane filtering allows them to spend less time on the road breathing in toxic gasses.
4. Lower risk of heat-related issues: Prolonged idling in traffic can lead to overheating for air-cooled motorcycles. Lane filtering helps mitigate this risk.
5. Improved overall traffic flow: Motorcycles filtering through stopped traffic reduces congestion for all vehicles.

Arguments Against Lane Filtering in Colorado

While lane filtering has its proponents, some express concerns about the new law:

• Collision Concerns: Critics worry about an increased risk of side-swipe accidents between motorcycles and cars and potential collisions with opening car doors. They also worry that motorcyclists might misjudge the spaces between vehicles, leading to accidents.
• Driver Awareness Issues: Many drivers are not accustomed to checking for motorcycles between lanes, which could lead to dangerous situations. There’s also worry that motorcycles suddenly appearing between lanes might startle drivers, potentially causing erratic reactions.
• Enforcement Challenges: Law enforcement may find it difficult to monitor and enforce the 15 miles per hour speed limit for filtering motorcycles. There are also concerns about how consistently the law can be applied across different traffic scenarios.
• Encouraging Riskier Behavior: Some fear that allowing filtering might embolden certain riders to engage in more dangerous practices, such as high-speed lane filtering and splitting, which remain illegal.
• Education and Awareness Gaps: Implementing the new law requires time and resources to educate all road users, and there’s concern that this education might not reach everyone, especially out-of-state drivers who might not understand the law.
• Potential for Road Rage: Some worry that lane filtering might lead to conflicts between motorcyclists and other drivers, potentially escalating to dangerous road rage incidents.

The Legal Implications of Motorcycle Lane Filtering

While lane filtering is now legal in Colorado, some lesser-discussed legal implications of the new law exist. If you become injured while lane filtering in Colorado, having an experienced Denver motorcycle lawyer in your corner can make a considerable difference in the amount of compensation you may recover.

Some of the main legal issues concerning lane filtering in Colorado include:

• Compliance: Motorcyclists must strictly adhere to the conditions outlined in the law to filter legally. Failure to do so could result in traffic violations and could make it difficult to claim damages for property and personal injury.
• Liability: If a crash occurs during lane filtering, fault will be determined based on whether the motorcyclist followed the rule. Colorado follows a modified comparative negligence rule for determining liability. Under this rule, a motorcyclist can recover damages only if they are no more than 50% at fault for the accident. A motorcyclist who shares blame for the accident may still be eligible for compensation for their injuries, but their total damages will be reduced by their percentage of fault.
• Insurance considerations: Insurance companies may consider lane filtering when assessing claims related to motorcycle accidents. Check with your insurance provider about how the new law might affect your coverage.
• Documentation: If you were injured in an accident with another driver while properly lane filtering, any documentation you can get at the scene could improve your personal injury claim. Witness statements to support that you responsibly filtered lanes could be instrumental in resolving insurance claims or legal disputes.

Public Awareness: The Key to Successful Implementation

A comprehensive education campaign is underway in Colorado to inform both motorcyclists and other motorists about the new law. This initiative includes public service announcements, social media outreach, DMV informational materials, driver education curricula updates, and partnerships with motorcycle dealerships and riding schools.

By ensuring that all road users understand the rules and benefits of lane filtering, Colorado aims to maximize the safety improvements this law can bring. Knowledge and awareness are powerful tools in creating a safer road environment for everyone.

Motorcycle Safety in Colorado

The introduction of lane filtering comes at a critical time for motorcycle safety in Colorado. Recent years have seen a concerning trend in motorcycle fatalities and injuries in the state.

According to the Colorado Department of Transportation (CDOT), there were 137 motorcycle fatalities in Colorado in 2021, representing a 20% increase from 2020. This accounted for 23% of all traffic fatalities in the state, despite motorcycles making up only about 3% of registered vehicles.

The situation became even more alarming in 2022. CDOT reported a record number of 147 motorcycle fatalities, the highest ever recorded in the state. This continued increase demonstrates the urgent need for measures that might help reverse this deadly trend for motorcyclists in Colorado.

Lane filtering is one of several strategies being implemented to address this concerning trend. By allowing motorcyclists to move through stopped traffic, the law aims to ease congestion and reduce the risk of rear-end collisions, which are particularly dangerous for motorcyclists.

Call A Denver Motorcycle Accident Lawyer with Fuicelli & Lee

Despite the best safety measures, accidents can still occur. If you find yourself injured in a motorcycle accident, an experienced and proven Denver motorcycle accident lawyer with Fuicelli & Lee can fight for all of the compensation you deserve.

As trial lawyers, we put a special determination and force behind every case we handle. Insurance companies know that we are ready and willing to argue your case in court, so they typically make more valuable settlement offers.

Call us today at (303) 444-4444 or fill out our online contact form to request a free, no-obligation consultation. Our team of proven Denver motorcycle accident attorneys is ready to fight for your full, fair, and complete compensation.