Is Lane Splitting Legal in Florida?

Riding a motorcycle is one of the great joys of living in Florida. In other states, riders can only jump on their bike a few months out of the year or otherwise try to survive sub-zero temps. In Winter Haven, our friends and family can ride year-round while enjoying the pleasant scenery.

Unfortunately, there’s nothing pleasant about a motorcycle accident. Motorcyclists confront many deadly hazards, including dangerous and possibly intoxicated motorists. Sometimes, to avoid getting caught behind these dangerous motorists, motorcyclists will split lanes in order to get past them. Our experienced Winter Haven motorcycle accident lawyers explain if lane splitting is legal in Florida.

Who Causes Most Motorcycle Accidents?

In our experience, most motorcycle accidents are caused by dangerous drivers. These are motorists who fail to follow the rules of the road. They might refuse to yield when a motorcyclist is making a turn or they follow a bike much too closely. Some of them cut off a motorcyclist.

Still, other wrecks are caused by negligence. A driver doesn’t intend to take risks. Instead, their carelessness leads them to clip a motorcycle or pull directly in front of one. A common accident involves a driver making a left-hand turn and pulling directly in front of an oncoming motorcycle which they did not see.

Contact our office. Identifying fault is a critical step in a motorcycle case. If a negligent or reckless driver is to blame, we can seek financial compensation. Our firm can negotiate with the driver’s liability insurer for fair compensation.

Comparative Fault & Your Motorcycle Accident

If you were partially to blame, then your compensation would be reduced by your share of fault.

That means you’ll only receive half your damages if you were 50% to blame for the crash.

And what if you were more at fault than the defendant? Florida has changed its comparative fault law recently. Under the new law, you cannot receive any compensation if you are more than 50% to blame for your collision. For this reason, defendants often blame motorcyclists for engaging in dangerous or careless conduct, and many insurance adjusters believe these allegations.

Is Lane Splitting Legal in Florida?

Many riders ask us, “Is lane filtering legal in Florida?” No. Lane filtering, also called lane splitting, is against the law in Florida. That means you can end up partially to blame for your accident if you were engaged in lane splitting.

Many motorcyclists like lane splitting because it makes them feel safe. For example, if you are stopped at a light, you might pull in between cars so that no one coming up from behind will smash into you. Also, lane splitting is a convenient way of getting to your destination faster than if you simply stuck to one lane. Some motorcyclists like to split in slower traffic.

Damages in a Motorcycle Accident

Our Winter Haven motorcycle accident lawyer has sought compensation for various damages our clients suffered in wrecks:

• Motorcycle repairs: Your bike was probably damaged in the accident. You’ll need to have it fixed, which could be expensive. If your motorcycle is totaled, then you need to replace it. We can demand the defendant pay to fix or replace your bike.
• Medical bills: Motorcyclists suffer all sorts of injuries in a wreck, including concussions, whiplash, fractures, road rash, nerve damage (biker’s arm), and other painful injuries that require expensive medical care. Let us review how much to request. You can even demand compensation for ongoing treatment, such as rehab or painkillers.
• Lost wages: Motorcycle accidents prevent many victims from returning to work promptly. You will lose out on income or wages as you recover at home or in the hospital. The defendant should pay to cover lost wages or income.
• Pain and suffering: Personal injury law allows victims to seek compensation for non-economic losses like bodily pain, depression, anxiety, and reduced enjoyment of life. Many injury victims have no idea how much to request. Let’s review how your injuries have intruded on your life.

How much will you receive in a settlement? There are many considerations, including the defendant’s resources and the strength of the evidence. We can go over the most critical factors in a free, no-risk consultation.

How Much Time to Sue?

Florida has also changed their statute of limitations. This represents the maximum amount of time a person gets for filing a lawsuit. When people go over this deadline, they lose all power to hold the defendant accountable in court.

Your deadline will depend on when you were hurt:

• If you were hurt on March 24, 2023, or later, then you have 2 years from the day of the accident.
• If you were hurt before March 24, 2023, then you have 4 years from the day of the accident.

Please contact our offices to review what evidence you need to bring a claim. We will investigate and then submit a demand letter to the appropriate defendant.

Experienced Winter Haven Motorcycle Accident Lawyers

Were you hurt in a motorcycle accident? JustCallMoe! We are happy to hear more about your accident and injuries in a consultation.