Is lane splitting legal in Florida

Florida Statutes § 316.209 forbids lane splitting, stating that motorcyclists cannot ride between lanes of traffic or rows of vehicles. However, this prohibition does not apply to police officers or firefighters during their official duties.

 

 

What Is Lane Splitting?

Lane splitting refers to riding a motorcycle on road lines or between lanes of traffic or rows of vehicles. Some motorcyclists split lanes in heavy traffic, taking advantage of their smaller size to squeeze between rows of stopped or slowly moving cars, trucks, and buses. That way, the motorcyclist avoids getting stuck in traffic.

Is Lane Splitting Dangerous?

Many bikers are supporters of lane splitting, citing the benefit of removing motorcycles from traffic jams by letting them pass stopped or slowly moving traffic. They also argue that the practice eliminates the risk that a vehicle might rear-end them in stop-and-go traffic.

However, opponents of lane splitting argue that the dangers of the practice outweigh its benefits. A driver who isn’t expecting a motorcycle to approach them between lanes might inadvertently hit that motorcyclist when trying to turn or merge. Lane splitting might also make motorcyclists the target of road rage if motorists stuck in traffic become frustrated that a motorcycle rider gets to avoid the traffic.

Is Lane Sharing Legal in Florida?

Although some people use the terms “lane splitting” and “lane sharing” interchangeably, the latter refers to a completely different practice than lane splitting. Lane sharing involves two motorcyclists riding side by side in the same traffic lane. While Florida law gives motorcyclists the right to the entire width of a traffic lane, the law makes an exception for two motorcyclists riding abreast in a single lane.

Does Florida Have Any Plans to Make Lane Splitting Legal?

Although several states have considered legalizing lane splitting over the last several years, the Florida legislature currently has no bills under consideration that would do so in the Sunshine State. However, motorcyclists in Florida who favor making lane splitting legal have launched various online petitions over the years to encourage lawmakers to take up legislation authorizing lane splitting in the state.

What Should I Do After a Lane Splitting Accident?

Even though Florida has outlawed lane splitting, you might still be able to hold other parties at fault for a subsequent motorcycle accident. That said, it’s especially important that you take the right steps to prevent further mistakes from jeopardizing your case. You can start by doing the following:

• Report the accident to law enforcement, and remember to get a copy of any police accident reports in the days or weeks following the crash.
• Seek medical attention to identify any injuries you suffered in the accident.
• Follow your healthcare provider’s treatment recommendations and recovery instructions.
• Request copies of your medical records for your injury treatment.
• Notify your motorcycle insurance provider about the accident.
• Keep all bills, invoices, and receipts of expenses from the accident. Gather your pay stubs or income statements if you miss time from work or have reduced earnings while you recover from your injuries.
• Avoid discussing the accident or your injuries and posting photos or videos of yourself on social media. Insurance companies sometimes monitor accident victims’ social media accounts for anything that might contradict statements in their insurance claims.
• Contact a motorcycle accident attorney at Zervos & Calta, PLLC to get experienced legal help pursuing the compensation you deserve.

What Compensation Can I Recover for a Lane Splitting Accident?

Florida follows a modified comparative negligence model, which means you could still recover compensation for a motorcycle wreck partly caused by your decision to split lanes. However, that decision might complicate your pursuit of justice. It’s important that you turn to a motorcycle crash lawyer who knows how to handle these complex cases. At Zervos & Calta, PLLC, we can help you pursue compensation for:

• Medical treatment and rehabilitation expenses, including emergency treatment, hospitalization, surgeries, prescriptions, pain management care, and physical therapy
• Costs of long-term care and assistance you need due to physical disabilities, such as home health care, housekeeping services, or installation of disability accommodations
• Lost wages if you cannot work or need to temporarily transfer to a lower-paying position
• Loss of future earnings and employment benefits if you become permanently disabled from your job or other work
• Physical pain and emotional distress
• Loss of quality of life because of disabilities or permanent scarring and disfigurement
• Costs of repairs to your motorcycle or reimbursement of your bike’s value if totaled
• Repair or replacement of other damaged property, such as your motorcycle helmet

How Long Do I Have to File a Motorcycle Accident Lawsuit?

Under Florida’s statute of limitations on negligence claims, you have two years after a motorcycle accident to file a lawsuit against the driver or another party at fault for the crash. While two years may seem like plenty of time to file your lawsuit, investigating the crash and preparing your legal case will take time. Filing a lawsuit after the limitations period has expired on your motorcycle accident claim may allow it to be dismissed. If that happens, you could lose your one shot at compensation. Talk to a motorcycle accident attorney from Zervos & Calta, PLLC as soon as possible after a crash to get your case started on time.

Contact a Florida Motorcycle Accident Lawyer

Your decision to split lanes does not mean other motorists are not obligated to drive safely. If a negligent motorist injured you, they could owe you compensation for the harm you suffered – but recovering this money could prove particularly challenging given the circumstances. That’s why you should get legal help to demand accountability and compensation for your injuries and losses. Contact Zervos & Calta, PLLC today for a free, no-obligation consultation to learn how a Florida motorcycle accident lawyer can help you through the claims process.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.