In the state of Florida, lane splitting is specifically forbidden by law. According to the state statute 316.209 (2), (3): “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” As a result, auto accidents arising from bikers engaging in lanesplitting are relatively rare in Florida, especially compared to states such as California, where lanesplitting is legal.
Nevertheless, lanesplitting does occur in the state, even though it is against the law. Sometimes, motorcyclists flagrantly violate the law; in other cases, inexperienced bikers or bikers from out of state are simply unaware that lanesplitting is illegal. Motorcyclists who were injured in auto accidents while lanesplitting may still be entitled to at least partial damages, even if they were breaking the law at the time of the accident. The fact that they were violating the law does not relieve other drivers of their obligation to watch out for motorcycles while operating their vehicles. At Joe Horrox Law, serving the Palm Coast, cases involving motorcycle accidents and lanesplitting are handled with exceptional skill. We use all of the resources at our disposal to investigate and reconstruct the accident and present the strongest case possible on behalf of the injured victim and his or her family.
If you or someone you love has been injured in a lanesplitting accident, or if you have lost a member of your family in such an accident, we encourage you to arrange a case evaluation with attorney Joe Horrox today.
What is comparative negligence?
The state of Florida is one of several states that have adopted the legal doctrine of comparative negligence. According to this doctrine, an injured person may collect damages even if he or she is partially at fault for an accident; however, the total amount that the victim can recover will be proportional to the percentage to which he or she was at fault. Therefore, if the court determines that he or she was 30 percent at fault for the accident, then he or she would be able to recover no more than 70 percent of the damages to which he or she would otherwise be entitled. In order to recover any damages under the doctrine of comparative negligence, an injured victim must be less than 50 percent at fault for an accident.
In a case involving lanesplitting, it can be difficult to prove that the injured motorcyclist was less than 50 percent at fault for an accident, but it is possible. For example, if the driver executed an unsafe lane change while distracted by the use of a smartphone or other technology or while under the influence of alcohol or drugs, a court might well find that the motorcyclist committed the lesser of the two acts of reckless driving.
Learn More about Motorcycle Accident Litigation Today
To learn more about litigation arising from motorcycle accidents caused by lanesplitting, please contact Joe Horrox Law today.