No. Motorcycles do not have a special right of way in Maryland. A rider follows the same right-of-way rules as any other driver, and other drivers owe the rider the same duty to yield that they owe a car. What riders do have is a statutory right to the full use of a lane: a driver may not crowd a motorcycle out of its lane (Maryland Transportation Article § 21-1303).
Lane splitting, riding between lanes or between rows of vehicles, is not legal in Maryland. Two motorcycles may ride side by side in one lane.
Those rules matter most after a crash, when an insurer is deciding whether it can call the rider careless. If you were hurt, our page on Maryland motorcycle accident claims covers how those claims are built.
The right-of-way rules riders and drivers share
The rules that decide most motorcycle crashes are the ordinary ones:
- Left turns. A driver turning left at an intersection or into a driveway must yield to oncoming traffic that is close enough to be a hazard, and that includes an oncoming motorcycle (§ 21-402).
- Stop and yield signs. A driver at a stop or yield sign must yield to traffic on the through road (§ 21-403).
- Entering from a driveway or private road. A driver pulling out must yield to vehicles already on the road (§ 21-404).
- Lane changes. A driver may not move out of a lane until it is safe to do so, which means checking for a motorcycle in the blind spot.
Riders are bound by the same rules. A rider who runs a stop sign or turns left across oncoming traffic is in the same position as a driver who does.
A rider’s right to the full use of a lane
Maryland law gives a motorcycle the full use of a lane, and a driver may not operate a vehicle in a way that deprives a motorcycle of it. In practice that means:
- A car may not squeeze into the same lane beside a motorcycle to pass it.
- A rider may choose a lane position, left, center or right, for visibility and road conditions.
- Two motorcycles may ride abreast in a single lane, but not more than two.
A driver who crowds a rider into the shoulder, a curb or another lane is violating the rule, not exercising a right of way.
Is lane splitting legal in Maryland?
No. Maryland law does not allow a motorcycle to pass a vehicle in the same lane it occupies, or to ride between lanes of traffic or between adjacent rows of vehicles. That covers lane splitting at speed and lane filtering between stopped cars at a light.
Laws like this can change, so check the current statute before relying on it for how you ride.
After a crash, lane splitting matters because of contributory negligence. Under contributory negligence, if you are found even slightly at fault for the crash, you can be barred from recovering anything from the other driver. An insurer will argue that a rider who was splitting lanes was at fault.
That argument is not automatic. The question is whether the rider’s conduct actually helped cause the crash, and the rule has limited exceptions, such as the last clear chance doctrine. A driver who swerved into a lane without signaling, or opened a door into a rider, may still be responsible. These cases turn on the evidence, which is why they need early investigation.
Motorcycle insurance requirements in Maryland
A motorcycle registered in Maryland must be insured like any other motor vehicle. The required minimum liability limits are $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage (Maryland Transportation Article § 17-103).
Those minimums pay for injuries you cause to others. They do nothing for your own injuries, and they are modest against a serious crash. The coverages that protect the rider are:
- Uninsured and underinsured motorist coverage. Maryland requires insurers to offer it at the same limits as your liability coverage unless you waived it down in writing. For riders it is frequently where the real recovery comes from.
- Personal injury protection (PIP). Whether a motorcycle policy includes PIP, and whether a car policy in your household pays PIP for a motorcycle crash, depends on the policy. Check the declarations page rather than assuming.
- Medical payments and collision coverage, where you bought them.
If the driver who hit you had only minimum limits, see uninsured and underinsured motorist claims.
When a driver takes a rider’s right of way
The classic motorcycle crash is a driver turning left across an oncoming rider. The driver’s account is almost always the same: “I never saw them.” That account is so common it has a name in road safety research. It is an explanation, not a defense. The driver had a duty to look and to yield.
The insurer’s answer is usually to say the rider was speeding, which in a contributory negligence state can decide the case. The evidence that answers it:
- Helmet camera, dashcam and nearby business video
- Scene photographs showing skid marks, debris and final rest positions
- The motorcycle itself, before it is repaired or disposed of
- Witnesses who saw the turn, not just the aftermath
Common questions
Is lane filtering legal in Maryland?
No. Riding between stopped or slow-moving rows of vehicles is treated the same as lane splitting, and Maryland law does not allow either. Lane filtering is legal in some other states, which is a common source of confusion.
Can two motorcycles ride side by side in Maryland?
Yes. Two motorcycles may ride abreast in a single lane. More than two may not.
Who has the right of way when a car turns left in front of a motorcycle?
Usually the motorcycle. A driver turning left must yield to oncoming traffic close enough to be a hazard. The driver will often argue the rider was going too fast, which is why speed evidence matters in these cases.
I was splitting lanes when I was hit. Do I have a claim?
Possibly, but it will be contested. Maryland’s contributory negligence rule gives the insurer a strong argument, so the question becomes whether your riding actually caused the crash and whether an exception applies. Have the facts reviewed before you give the insurer a statement.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information about Maryland law, not legal advice about your situation.
