Riding a motorcycle in sunny Florida can be both a fun and practical way to get around. However, riders in the Sunshine State need to be aware of the legality of maneuvers like lane splitting to avoid accidents and potential liability.
Understand your responsibilities as a motorcyclist in Southern Florida and why you should avoid riding between lanes, according to state law. If you’re involved in a lane-splitting crash, a Miami motorcycle accident lawyer at Aigen Injury Law can explain your rights and help you minimize liability.
What Is Lane Splitting?
Lane splitting, also known as white-lining or lane filtering, is the act of riding a motorcycle between lanes of vehicles that are either moving slowly or at a complete standstill in congested traffic. It allows riders to move more quickly through traffic and reduces the risk of a rear-end crash on busy roads.
In many countries, lane splitting is legal and encouraged to alleviate traffic congestion and reduce the risk of rear-end collisions for motorcyclists. However, most states in the U.S. ban lane splitting.
Is Lane Splitting Legal in Florida?
In Florida, the practice of lane splitting is not legal. Motorcycles must be operated within a single traffic lane. This means you cannot ride on the middle line between traffic, even if it’s safer than staying in a congested space.
Florida’s stance on lane splitting is clear, and any motorcyclist caught engaging in this practice may face legal consequences, such as fines and penalties. In personal injury claims resulting from motorcycle accidents, engaging in lane splitting can impact the case outcome for the injured rider.
How Lane Splitting Can Affect Your Injury Claim After a Crash
Engaging in lane splitting can complicate filing a personal injury claim after a motorcycle accident. Like not wearing a helmet, lane splitting can be considered negligence by insurance companies, opposing lawyers, and juries in civil cases.
Florida follows a modified comparative fault system when determining liability in personal injury cases. Under this system, if you are partially responsible for the accident, your compensation may be reduced by your percentage of fault. If you are more than 50% at fault, you can’t recover any damages from the other party.
For example, imagine you are involved in a collision with another vehicle while riding your motorcycle in Miami. The other driver was texting on their cell phone, causing them not to see you when they switched lanes. However, when they hit your motorcycle, you were lane splitting next to their vehicle.
Your case goes to court, where the jury determines you are 30% at fault. In this scenario, you will receive 70% of the awarded damages to you. However, if the court instead found you 55% responsible for your own injuries due to your lane splitting, you could not recover any damages for your injuries.
Why You Need an Attorney for Your Claim
At Aigen Injury Law, our team is committed to protecting your rights and ensuring you receive the compensation you’re entitled to. Here’s how we can assist you:
- Legal Guidance: Our knowledge of and experience with Florida’s motorcycle accident laws and regulations, including lane splitting, enables us to offer you a comprehensive overview of your rights and any potential liability you might face.
- Investigative Support: Our lawyers possess the necessary resources to conduct a detailed investigation of the accident. We are equipped to collect evidence, speak with witnesses, and piece together the sequence of events leading to the crash and build a solid case for you.
- Negotiation Skills: Our attorneys excel in negotiation and can deal with insurance companies and opposing parties to ensure you receive a fair settlement. We can protect your interests and make sure you’re not disadvantaged in any negotiations.
- Court Representation: If negotiations fail to yield a fair settlement, your lawyer is prepared to take your case to court. We can effectively present your case, argue on your behalf, and fight for the compensation you deserve.
- Addressing Comparative Fault: If there are allegations of lane splitting against you, or if you were lane splitting, we can collect evidence to challenge these claims or lessen the effect of comparative fault, minimizing its influence on the compensation you receive.
Get Experienced Legal Counsel for Your Motorcycle Accident Case
In Florida, lane splitting can impact your injury claim following a motorcycle accident. If you find yourself injured in an accident while lane splitting, reach out to our experienced legal team at Aigen Injury Law for a free consultation.
We’re committed to defending the rights of Florida motorcycle riders and providing the legal assistance necessary to help them rebuild their life after a collision.