No, lane splitting is not legal in Florida. However, it is not a criminal offense—it is a traffic violation.
If you were injured during a lane splitting accident with a motorcyclist, you may be entitled to financial compensation for your economic and non-economic damages. Your Orlando motorcycle accident lawyer can give you further insights into the repercussions of these types of accidents.
Lane Splitting Can be Very Dangerous
According to Florida Statutes § 316.209 (3), “no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” When a biker splits lanes, they are riding between other cars. This often occurs in slower or stopped traffic, but riders may attempt to lane split at higher speeds, too.
It is easy to see why lane splitting is such a dangerous practice. Colliding with open car doors or getting side-swiped by merging vehicles, the margin for error with this type of behavior is extremely slim.
Lines are painted on the road for a reason. When a motorcyclist takes advantage of their small vehicle size and drives in between the established lanes, they are subjected to increased risks that they may not face otherwise.
To consult with an experienced motorcycle accident lawyer today
855-780-9986
Understanding Fault and Lane Splitting Accidents
In Florida, modified comparative negligence is the legal standard for determining fault in personal injury cases, including motorcycle accidents involving lane splitting. Under this rule, each party’s level of fault is assessed, and any damages are adjusted accordingly. However, if a party is found to be more than 50 percent at fault for their injuries, they are barred from recovering any compensation.
If an accident occurs because the other driver was lane splitting, their violation of the law can serve as strong evidence of negligence. In such cases, the lane-splitting motorcyclist is likely to be deemed at least partially at fault. To determine liability, the court will evaluate the actions of both parties.
For example, while the lane-splitting motorcyclist’s unlawful behavior is a significant factor, the other driver’s conduct (e.g., sudden lane changes, distracted driving) will also be analyzed. If you are found to have acted reasonably and safely, the motorcyclist may be assigned the majority of the fault.
Understanding Florida’s negligence laws is key to protecting your rights. If you were involved in an accident caused by illegal lane splitting, consult an attorney to evaluate the circumstances and strengthen your case.
Common Injuries in Lane Splitting Accident
Because lane splitting is so dangerous, it can lead to severe injuries, such as:
- Broken bones
- Soft tissue damage
- Lacerations and contusions
- Road rash
- Head injuries, including concussions and traumatic brain injuries (TBIs)
- Back injuries
- Spinal cord injuries
- Broken arms and legs (the result of being run over by a nearby vehicle)
- Whiplash
For drivers of other vehicles, the injuries typically come from trying to avoid the motorcycle at the last second, resulting in:
- Rear-end collisions
- Head-on collisions
- Other traumatic accidents
Documenting the Scene of the Crash After a Lane Splitting Accident
To document the scene of your accident, take pictures and video of the surrounding area. That includes any damage to your body, your vehicle, and the motorcycle.
From there, our motorcycle accident lawyers encourage you to:
- Make sure to get a copy of the police report.
- Write down any contact information from the offender, as well as any eyewitnesses from the nearby area.
- Save all medical files related to your diagnosis and treatment.
- Do your best to preserve the scene of the accident until police arrive, as long as it is safe to do so.
- Never admit fault.
As any motorcycle accident attorney will tell you, proving your version of events is a major step on your journey to compensation.
How Our Motorcycle Accident Lawyers Can Build Your Case for Compensation
While you focus on recovering from the accident, our lawyers take over the tasks listed above and others. These include:
- Keeping you posted on the status of your case
- Tracking down cell phone data, accident reconstruction experts, and other useful sources of evidence
- Reviewing insurance policies
- Naming the liable party and proving their negligence
- Handling emails, phone calls, and other communicative tasks with involved parties
- Negotiating a settlement with the insurer
- Meeting all deadlines
- Filing a lawsuit and prepare your case for trial, if necessary
We can carry out all these services on a contingency-fee basis, so don’t expect to be charged hourly, upfront, or out of pocket. Instead, we will only collect our fee if you win compensation. Otherwise, you won’t owe us anything. When you work with our Orlando personal injury lawyers, there is no financial risk involved.
Click to contact our Florida Attorneys today
Compensation You May Be Eligible for After a Lane Splitting Accident
Filing an insurance claim or lawsuit after a lane splitting accident can give you access to compensation for different types of economic and non-economic damages, including:
- Past lost wages
- Making up for your diminished earning capacity
- Diminished quality of life
- Short-term and long-term medical treatment
- Pain and suffering
- Property damage
- Disfigurement
- Disability assistance
- Medical devices
- Vocational rehabilitation programs
- Loss of consortium
- Wrongful death damages if your loved one lost their life in the lane splitting accident
Some parties can resolve vehicle accident cases without going to court, but that is not always the case. In the event that you need to continue with a lawsuit to pursue compensation, make sure you file it within Florida’s two-year statute of limitations. If you ignore these deadlines, you may forfeit your right to compensation.
Get in Touch with Bogin, Munns & Munns for a Free Case Review Today
Since our law firm was founded in 1979, we have proudly stood up for victims of injustice throughout Central Florida. From negotiating settlements to gathering evidence and beyond, Orlando motorcycle accident attorneys are here to assist you with multiple aspects of your legal case.
To learn more about our legal services for motorcycle accident victims in Central Florida, contact a Bogin, Munns & Munns team member today. Obtain your free consultation and pay no fees unless we receive compensation.
Call or Submit Our Consultation Request Form Today
