Legal Guide

Lane-Splitting and Liability in Alberta

Shiv Ganesh personal injury lawyer logo
Lane-Splitting and Liability in Alberta

Lane-splitting—riding between two lanes of slow or stopped cars—is common and sometimes encouraged in Europe, parts of the U.S., and Asia to reduce congestion. But in Alberta, it's **not legal** and can have serious consequences.

If you're involved in a motorcycle accident while lane-splitting, it can affect both **fault** and **compensation**. Understanding Alberta's laws and how they impact your claim is crucial.

As Alberta motorcycle accident lawyers, we explain how Alberta law treats lane-splitting, its impact on insurance claims, and whether you can still recover compensation even if you were partly at fault.

This guide covers:

What is lane-splitting
Is lane-splitting legal in Alberta
Why lane-splitting is controversial
How lane-splitting affects liability in an accident
Other factors that influence fault
What compensation you can claim
Steps to take after a lane-splitting accident
How a lawyer helps with lane-splitting claims

What Is Lane-Splitting?

Lane-splitting (also called 'lane-filtering') is riding a motorcycle **between two lanes of moving or stopped vehicles**, typically in traffic jams or at intersections.

Common Examples:

Riding Between Stopped CarsRiding between cars stopped at a red light.
Filtering Through Slow TrafficFiltering forward through slow-moving traffic on Deerfoot Trail or Anthony Henday Drive.
Passing During CongestionPassing between two vehicles during congestion to reach open road faster.

Is Lane-Splitting Legal in Alberta?

No. Lane-splitting is **illegal** under Alberta's **Traffic Safety Act** and the **Use of Highway and Rules of the Road Regulation**.

1

Stay Entirely Within a Single Lane

Riders must stay **entirely** within a single lane.

2

Pass Only by Moving Fully Into Next Lane

Pass other vehicles **only** by moving **fully** into the next lane when safe.

Lane-splitting is illegal in Alberta — but that doesn't automatically mean you're 100% at fault in an accident.

How Lane-Splitting Affects Liability in an Accident

Even if another driver's negligence caused the crash (e.g., they drifted into your lane or opened a door), lane-splitting can make your case **more complex**.

Comparative Negligence System

Alberta uses a **comparative negligence** system. This means fault can be shared between the rider and the driver, and each party's compensation is reduced by their percentage of fault.

Other Factors That Influence Fault

When determining liability in a lane-splitting crash, insurers and courts consider: **Speed** (higher speeds increase the rider's fault percentage), **Traffic Conditions** (lane-splitting through stopped traffic may be viewed differently than weaving at highway speed), **Driver Awareness** (if the driver was texting or failed to signal, they share fault), **Rider Visibility** (bright gear or headlights can reduce fault allocation), and **Location of Impact** (damage position on the bike or car can reveal who initiated movement).

Injured while lane-splitting in Alberta?

Contact us today for a free consultation

Steps to Take After a Lane-Splitting Accident

Taking the right steps immediately after a lane-splitting accident can protect your rights and help minimize your fault percentage.

Call 911 Immediately

Police documentation is essential. Be honest about what happened, but don't speculate about fault.

Get Medical Attention

Even low-speed motorcycle crashes can cause severe injuries.

Collect Evidence

Take photos of the scene, lane positions, vehicle damage, and your injuries.

Gather Witness Information

Witnesses can help establish the other driver's fault.

Keep All Receipts and Medical Records

Document every expense and treatment related to your recovery.

Contact an Alberta Motorcycle Accident Lawyer

Legal representation can reduce your fault percentage and ensure fair compensation.

How a Lawyer Helps With Lane-Splitting Claims

An experienced Alberta motorcycle accident lawyer provides essential expertise to protect your rights and maximize your compensation:

Proving Shared Fault

Using evidence and accident reconstruction to show driver negligence.

Negotiating With Insurers

Ensuring they don't unfairly assign 100% fault to the rider.

Maximizing Compensation

Accounting for pain, lost income, and future care.

Fighting Bias

Insurers often assume riders are 'reckless' — we ensure the facts, not stereotypes, determine your case.

Litigating if Needed

Taking the claim to court when insurers refuse a fair settlement.

FAQ section background image

Frequently Asked Questions

Conclusion

Lane-splitting may seem harmless — and in many places, it's legal and even encouraged — but in Alberta, it's prohibited and can complicate your injury claim if an accident occurs. Still, the law doesn't automatically make you fully responsible. If a driver's negligence caused or worsened the crash, you can still recover compensation under Alberta's comparative fault rules.

Lane-splitting is illegal in Alberta.

You can still claim compensation, but your payout may be reduced based on fault.

Police, insurers, and courts assess each case individually.

A lawyer ensures insurers don't unfairly blame you or minimize your damages.

Injured while lane-splitting in Alberta?

Contact us today for a free consultation. No fee unless we win.