Florida motorcycle riders have certain obligations to maintain safety on the roads. This includes following the rules of the road. Unfortunately, even when motorcycle riders do everything right, drivers sometimes don’t see them or don’t share the roads appropriately with them, causing serious or even fatal motorcycle accidents.
Motorcycle riders should take legal action with a motorcycle accident attorney in Tampa if a driver hurts them, and should also understand what their safety obligations are to try to reduce the likelihood of becoming involved in a crash. One big issue when it comes to safety, though, has to do with lane splitting.
Lane splitting occurs when a motorcycle tries to avoid stopped or slow traffic by riding between two lanes of stopped or slow-moving traffic going in the same direction. Often, motorcyclists travel at higher speeds than the cars around them, which helps them to avoid congestion but which can put them at risk if drivers aren’t expecting a motorcycle to come up beside them.
The big question for Florida motorcycle riders, though, is whether lane splitting is legal or not.
Is Lane Splitting Legal in Florida?
Lane splitting is not a legal behavior in the state of Florida. According to Florida Motor Vehicle Code section 316.209, this law:
- Guarantees motorcycle riders the full use of a lane and prohibits other vehicles from interfering with motorcycle riders by encroaching upon that lane.
- Prohibits motorcycle operators from overtaking and passing in the same lane as the vehicle that the motorcyclist overtakes
- Prohibits motorcycle riders from riding between lanes of traffic or adjacent lines or rows of vehicles
- Allows motorcyclists to operate up to two abreast in a single lane, but no more.
So, lane splitting would be a violation of this safety regulation. It could lead to a ticket by the police or other consequences, including a limitation on the ability of a motorcycle rider who becomes involved in a crash to be compensated for losses.
Recovering Compensation for an Accident Involving Lane Splitting
In Florida, no-fault rules apply to most accidents, so drivers must buy their own insurance, called personal injury protection (PIP) coverage, and turn to it for more minor injuries. Motorcycle riders, however, aren’t required to have PIP insurance.
Motorcycle riders can pursue a legal claim against another driver for crash losses if they can prove the other driver was to blame. However, lane splitting could affect their ability to make a case. Florida law is a modified comparative fault state under Florida code section 768.81, so victims can recover partial compensation if they share fault as long as they are not more than 50% to blame for their own accident.
Because lane splitting is not legal, cases involving lane splitting raise challenges when motorcycle riders or other drivers are injured in a crash and wish to take legal action. Diaco Law can represent motorcyclists, motorists, pedestrians, and others who were in a crash if they believe the negligence or wrongdoing of others was the cause.
Contact a Florida Motorcycle Accident Lawyer Today
A Tampa accident lawyer at Diaco Law understands the local rules related to motorcycle crashes and lane splitting, and we can put our knowledge to work to help you build the strongest case possible and fight for justice. Give us a call or contact us online today to learn more.