If you have ever been stuck in slow-moving traffic while riding a motorcycle in Florida, you may have thought about driving between the lanes to get around the traffic jam. This practice is known as lane splitting. While it may seem like a convenient solution to congested roads, it is not a safe or legal practice.
At Rosen Injury Law, our experienced motorcycle accident attorneys understand the complexities of Florida traffic laws and how they impact motorcyclists. If you have been injured in a motorcycle accident caused by another party, we are here to help you protect your rights and recover the compensation you deserve. Call (954) 787-1500 or complete the short form on our contact page to schedule a free consultation to discuss your Fort Lauderdale motorcycle accident claim.
What Is Lane Splitting?
Lane splitting occurs when a motorcyclist rides between two lanes of traffic moving in the same direction. It typically happens during heavy traffic congestion when vehicles are moving slowly or are stopped. Because motorcycles are narrower than cars and trucks, they can often fit between lanes, allowing riders to move through traffic more quickly than other vehicles.
Some riders believe that lane splitting helps them avoid being rear-ended when traffic suddenly stops. Others view it as a time-saving measure during their daily commute. However, lane splitting can also cause catastrophic accidents.
Florida Lane Splitting Laws
Lane splitting is illegal in Florida and has been since the state’s traffic laws were established. According to Florida Statute 316.209 (3), “no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” This law clearly prohibits motorcyclists from riding between lanes of traffic, regardless of whether the traffic is moving or stopped.
Most states prohibit lane splitting. However, some states, like California, have legalized the practice under certain conditions. States like Arizona, Utah, Colorado, Montana, and Hawaii have legalized lane filtering, which is a similar practice. Florida strictly prohibits both lane splitting and lane filtering.
Penalties For Lane Splitting in Florida
If you are caught lane splitting in Florida, you will likely receive a traffic citation and face fines. The penalties for violating Florida’s lane splitting law can range from $100 to $500, depending on the circumstances of the violation and whether you have previous traffic violations on your record.
In addition to fines, a lane-splitting violation can result in points being added to your driver’s license. Accumulating too many points can result in license suspension and higher insurance premiums. If you are involved in an accident while lane splitting, the violation can significantly impact your ability to recover compensation for your injuries and damages.
The Exception to Florida’s Lane Splitting Law
There is only one narrow exception to Florida’s prohibition on lane splitting. Police officers and firefighters engaged in official duties are permitted to navigate between lanes of traffic. This exception enables first responders to quickly reach emergency scenes when traffic blocks regular access routes, such as in the event of a highway crash.
This exception applies only to emergency personnel performing their official duties. All other motorcyclists, regardless of their circumstances or reasons for wanting to lane split, must stay within a single lane of traffic.
How Lane Splitting Can Impact Your Accident Claim
If you are involved in a motorcycle accident while lane splitting in Florida, your violation of the traffic law can complicate your personal injury claim. Florida follows a modified comparative fault rule, which means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. Additionally, if you are found to be 51% or more at fault, you are barred from recovering any damages.
Insurance companies will often try to use evidence of lane splitting to argue that the motorcyclist was primarily responsible for the accident, even when another driver’s negligence contributed to the crash. For example, if a driver changes lanes without checking their blind spot and hits a motorcyclist who was lane splitting, the insurance company may argue that the motorcyclist’s illegal maneuver was the primary cause of the accident.
This is why it is critical to have an experienced motorcycle accident attorney who understands how to combat these tactics and build a strong case that accurately establishes fault. Even if you were lane splitting at the time of the accident, other factors may have contributed to the crash, such as:
- The driver was distracted, speeding, or driving under the influence of alcohol or drugs.
- The driver changed lanes without signaling or checking blind spots.
- The driver was driving aggressively or recklessly.
- Road hazards or defective vehicle equipment contributed to the accident.
At Rosen Injury Law, our accident attorneys in Fort Lauderdale work with accident reconstruction experts and thoroughly investigate all aspects of your case to identify all contributing factors and build the strongest possible case on your behalf.
Schedule a Free Consultation Today
If you have been injured in a motorcycle accident in Florida, whether lane splitting was involved or not, the experienced motorcycle accident attorneys at Rosen Injury Law are here to help you. Call (954) 787-1500 or complete the short form on our contact page to schedule a free consultation to discuss your motorcycle accident claim.