Who Is at Fault in a Lane Filtering Accident in Colorado?

Lane filtering is now legal in Colorado. While allowing motorcyclists to pass stopped vehicles may ease traffic congestion and help prevent riders from being rear-ended, the new (and relatively novel) maneuver still has risks. If you or someone you love has been injured in a lane filtering accident in Colorado, it is important to consult a knowledgeable attorney as soon as possible.

The motorcycle accident lawyers at Burg Simpson understand the rights motorcyclists have in the event of a crash. We have also seen the devastating consequences when drivers fail to obey the law or the rules of the road.

For legal assistance after a lane filtering accident in Denver or elsewhere in Colorado, call Burg Simpson at 303-792-5595 today. Your initial consultation is FREE, and you only pay fees if we obtain a settlement or trial award on your behalf.

What Is Lane Filtering?

The definition of lane filtering varies slightly in the few states where it is legal. In Colorado, lane filtering is the practice of riding a motorcycle past one or more vehicles stopped in the same lane. At present, Colorado is one of only a handful of states (including Arizona, Utah, and Montana) where motorcyclists are legally allowed to engage in lane filtering.

How Is Lane Filtering Different from Lane Splitting?

Unlike lane filtering, where motorcyclists are moving past stopped vehicles, lane splitting is the practice of riding a motorcycle between lanes of traffic when vehicles are in motion. It is NOT legal in the State of Colorado, nor is it legal in most other states.

What Is the Lane Filtering Law in Colorado?

In Colorado, lane filtering is only permitted under certain circumstances. Key provisions of the lane filtering law include:

• Lane filtering is only allowed when traffic is at a complete stop, both in the rider’s lane and in adjacent lanes traveling in the same direction.
• Riders may only pass on the left—no passing on the right, riding on the shoulder, or entering oncoming traffic.
• The lane must be wide enough for the motorcyclist to pass the other vehicle without entering an adjoining lane.
• Motorcyclists must not exceed 15 mph and maintain control of the bike while lane filtering.
• When traffic begins to move, the motorcyclist must reenter the flow of traffic.

The stated intent of the lane filtering legislation is to save lives. According to the Colorado Department of Transportation (CDOT), 165 motorcyclists died in accidents in 2024. That is a 22% increase from the year prior, and a 57% increase over the last 10 years.

Motorcyclists may be severely injured or even killed when careless drivers rear-end them at intersections and other areas where traffic has come to a standstill. With lane filtering, riders can move to the front of the line. This increases their visibility, which may reduce accidents.

With the arrival of summer, more motorcyclists are hitting the road. The Colorado State Patrol (CSP) is taking steps to educate motorcyclists and drivers on what the new lane filtering law allows—and what it does not.

CSP has reported that multiple riders are engaging in maneuvers defined as lane splitting, such as weaving in and out of traffic or riding on the dotted line. Ultimately, it falls upon riders and motorists alike to follow the law and share the road safely.

Liability for a Lane Filtering Accident in Colorado

Motorcyclists are responsible for following the lane filtering rules. If an accident occurs when traffic is in motion or the rider exceeds the 15 mph speed limit, the motorcyclist is likely to be found at fault.

Drivers also have a responsibility to watch out for lane-filtering motorcycles and avoid obstructing their path. Situations where the driver may be at fault for a lane filtering accident with a motorcyclist include:

• Sudden, unsafe lane changes when traffic is stopped
• Failure to check blind spots or signal
• Opening a door into traffic
• Intentionally blocking a motorcyclist
• Road rage and aggressive driving
• Distracted driving
• Left-turn accidents at intersections

The lane filtering law does not provide clear guidance on who has the right of way at intersections when a light turns green. We anticipate that this ambiguity may lead to accidents as motorcyclists try to merge back into traffic.

How Comparative Negligence May Affect Your Claim

Under Colorado’s comparative negligence statute, plaintiffs are not barred from recovering damages if they are found to be partly at fault for their injuries. Damages are reduced according to the percentage of responsibility. Claims are barred entirely if the plaintiff’s share of fault is 50% or more.

Comparative negligence is likely to be a factor in lane filtering accidents in Colorado, especially as drivers and riders become accustomed to the rules. It is vital for motorcyclists not to assume they are at fault or be bullied into accepting less than they deserve; compensation may be available, even if you partly contributed to the crash.

Fault and liability are complex issues in motorcycle accidents, and the advent of lane filtering creates unique legal challenges. We recommend speaking to a Denver motorcycle accident lawyer if you or a loved one has been injured.

What Motorcyclists Should Do After a Lane Filtering Accident

Motorcycle crashes are confusing and chaotic. Knowing what to do if you are involved in an accident is critical for ensuring your safety and protecting your legal rights.

1. Get medical attention. This should be your first priority, whether that means first aid at the scene or being taken to the hospital.
2. Document the accident. If possible, you should take photos and speak to witnesses.
3. Exchange information. You will need to obtain the driver’s name, contact information, and details about their insurance coverage.
4. Report the accident. In Colorado, accidents resulting in injury or death must be reported to the police immediately.
5. Speak to an attorney. Burg Simpson can investigate the accident, determine who is at fault, and pursue maximum compensation on your behalf.

Motorcycle Safety Tips for Lane Filtering

Lane filtering will be new for most riders. Safety is paramount, especially during this adjustment period. Important steps for motorcyclists to stay safe when filtering lanes include:

• Make sure traffic is completely stopped. All vehicles must be stationary before you can filter lanes.
• Keep an eye on other vehicles. Drivers may not expect a motorcycle to be traveling within their lane, so watch out for sudden lane changes, opening doors, etc.
• Obey the speed limit. Motorcyclists cannot travel faster than 15 mph when lane filtering.
• Wear protective gear. A helmet, eye protection, and protective clothing may help to prevent catastrophic injuries and even death in the event of a collision.
• Use your best judgment. Lane filtering is a right, not a requirement. If you have doubts, do not try to pass a vehicle.

The state legislature has tasked CDOT with gathering data on the efficacy of the lane filtering law in reducing motorcycle rear-end and sideswipe crashes. CDOT is required to deliver a report on these matters to the Colorado General Assembly at the start of 2027. This report will help lawmakers determine whether lane filtering is effective in limiting motorcycle accidents and whether any further action is needed. As of right now, the law is set to be repealed on September 1, 2027.

Injured in a Lane Filtering Accident in Colorado?

Lane splitting remains illegal in Colorado, but motorcyclists are now allowed to engage in lane filtering. While this change is designed to prevent accidents, it is important for motorcyclists to be aware of potential safety issues and understand that they have legal recourse if they are injured or lose a family member in a wreck.

A lane filtering accident lawyer at Burg Simpson can help you hold a negligent driver accountable for injuries sustained in an intersection or elsewhere. Our firm is locally recognized for excellence in the handling of personal injury matters. We bring the experience and resources of a national law firm to motorcycle accident claims in Denver, Englewood, and throughout Colorado.

Contact Burg Simpson Today

Have you been injured in a lane filtering accident? Was a member of your family tragically killed because a driver did not follow the law? Call Burg Simpson at 303-792-5595 today for a FREE case evaluation.