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Lane splitting is when a motorcyclist rides between slow-moving or stopped traffic lanes.
You’ve probably seen this happen before, and as Tampa motorcycle accident attorneys, we want to educate you about it.
In this blog, we’ll discuss:
- Florida law on lane splitting
- Liability if an accident occurs
- Safer alternatives to lane splitting
- Looking ahead
Is Lane Splitting Legal in Florida?
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.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
Simply put, lane splitting is illegal in Florida.
Motorcyclists caught lane splitting can receive traffic citations and significant liability issues if an accident occurs.
Note: Read our Step-by-Step Guide for advice on what to do after a motorcycle accident.
Who’s Liable?
Liability implications can be severe if an accident occurs due to lane splitting. Here are a few examples of how lane splitting can complicate a personal injury claim:
Complications with Insurance Companies
In many cases, insurance companies will deny or reduce claims if lane splitting is the cause. They argue that the motorcyclists’ illegal actions contributed to the accident.
Comparative Negligence
In Florida, we follow a comparative negligence system, which means compensation can be reduced based on a person’s percentage of fault.
A lane-splitting motorcyclist typically takes on a high percentage of fault, reducing potential compensation.
Traffic Citations
In addition to liability, motorcyclists can receive traffic citations that can be used as evidence of negligence in a personal injury case.
Safer Alternatives to Lane Splitting
While lane splitting is tempting, we encourage you to consider other legal alternatives like:
- Leaving earlier during high-traffic times.
- Using approved motorcycle-only lanes when available.
- Practicing defensive driving techniques. Read our Motorcycle Do’s and Don’ts blog for more information.
- Maintaining safe following distances between you and the car ahead of you.
Looking Ahead to Legalization in Florida
California legalized lane splitting because it alleviates traffic congestion.
In Florida, advocacy groups are pushing for the same.
There are currently no significant legislative changes on the horizon.
As motorcycle accident lawyers in Tampa, we encourage motorcyclists to avoid this practice to protect themselves and their legal rights.
Schedule a free case evaluation if you or someone you know were involved in a motorcycle accident.
