Michael | March 1, 2023 | Motorcycle Accidents

Is Lane Splitting Legal In Florida (1)

Lane splitting is a popular and controversial practice among motorcycle riders, but is it legal in Florida? The simple answer is no. Today Catania & Catania Injury Lawyers will discuss why lane splitting is illegal in Florida and its potential legal and safety consequences. We will also provide advice for riders to stay informed about the laws and regulations in Florida and to use caution when engaging in this practice.

As a highly experienced personal injury law firm in Tampa, Florida, Catania & Catania Injury Lawyers believe it is important for riders to understand the risks and potential legal issues associated with lane splitting in the state. In this article, we will examine the current laws and regulations, as well as the gray area surrounding lane splitting in Florida.

Lane Splitting on a Motorcycle in Florida

Lane splitting is the practice of a motorcycle rider driving between lanes of stopped or slow-moving cars. It is also known as “white lining” or “striping.” This practice is common in other states but is legal in only some of them, not including Florida. It can be dangerous, requiring advanced riding skills, and can lead to accidents if not done correctly. Lane splitting should not be confused with lane filtering, which is legal in Florida and refers to the practice of riding between lanes of slow-moving or stopped vehicles in the same direction.

Florida Statutes § 316.209

Florida Statutes § 316.209 is the state law that regulates the operation of vehicles on the road. Under this law, lane splitting is illegal in Florida. It states, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” 

The Florida Statute states, “A violation of this section is a noncriminal traffic infraction, punishable as a moving violation. Violations of this law can result in fines and penalties, and if involved in an accident, the rider may be liable for any injuries or damages caused.”

Consequences of Lane Splitting in Florida

In Florida, if a rider is involved in an accident while lane splitting, they may be held liable for any injuries or damages caused, regardless of whether or not they were following traffic laws. 

Furthermore, if a rider is found to be lane splitting in violation of any traffic control device or regulation, they may be charged with a violation of Florida Statutes § 316.209 and face fines and penalties. 

Additionally, the rider can face suspension or revocation of their license and an increase in their insurance premium. It’s important for riders to understand the legal and financial risks associated with lane splitting and to use caution when engaging in this practice.

Is Lane Splitting Safe?

Lane splitting can be dangerous if not done correctly. It requires advanced riding skills, and it increases the risk of accidents. It puts the rider in a dangerous position since they are closer to the cars, and it can be more challenging for the drivers of the vehicles to see them. However, some studies show that lane splitting can reduce the risk of rear-end collisions, improve air quality and reduce congestion. Riders must understand the risks and make informed decisions about their safety when lane splitting.

Lane Splitting vs. Lane Sharing in Florida

Lane splitting and lane sharing are often used interchangeably, but they are distinct practices. Lane splitting refers to the practice of a motorcycle rider driving between lanes of stopped or slow-moving cars. On the other hand, lane sharing refers to the practice of two or more motorcycles riding side by side in the same lane. In Florida, lane splitting is illegal, while lane sharing is legal and allowed. Riders need to understand the difference between these two practices and the laws that apply to them. It’s also crucial for riders to use caution and be aware of their surroundings when engaging in either practice to ensure their safety and the safety of other road users.

Will Lane Splitting Ever be Legal in Florida?

Currently, there are no discussions in the Florida legislature about whether or not lane splitting should be legalized. However, Florida is a popular destination for motorcycles, and the Florida Department of Highway Safety and Motor Vehicles reported 8,694 total motorcycle accidents across the state during the latest reporting year, with 544 fatalities and more than 10,000 total motorcyclist injuries. Because lane splitting is illegal in Florida, riders are cautioned against practicing it. Lane splitting can lead to accidents and could be cited for reckless driving.

At Catania & Catania Injury Lawyers, we understand that lane splitting is a popular and controversial practice among motorcycle riders, but it is not legal in Florida. Drivers in other states, such as California and Arizona, are accustomed to this type of behavior on the road, but it can catch regular motorists in Florida off guard. This can increase the likelihood of motor vehicle accidents, as motorists may change lanes unexpectedly or be startled by a lane-splitting motorcyclist. 

Additionally, because lane splitting is illegal in Florida, riders may be cited for reckless driving and face penalties. As always, our attorneys and legal team remind you to use caution when on the road and stay informed about Florida motorcycle laws and regulations.

Common Injuries in a Florida Motor Vehicle Accident

The injuries sustained can range from minor to severe when involved in an accident. It’s important to understand the types of injuries that can occur and the potential long-term effects. 

Here are some examples of common injuries that can result from accidents in Florida:

Understanding Liability in a Florida Motorcycle Accident Claim

Understanding liability in a Florida motorcycle accident claim is important for determining who is responsible for the injuries and damages incurred. In a motorcycle accident, liability can fall on the rider, another driver, or a combination of both parties. Factors such as traffic violations, road conditions, and vehicle malfunction can also play a role in determining liability. Additionally, Florida is a “comparative negligence” state, meaning that if both parties are found to be at fault, each party’s liability will be determined by their respective degree of fault.

It’s important for an experienced personal injury attorney to evaluate the specific circumstances of the accident to determine liability and to help the victim seek fair compensation for their injuries and damages.

How Long Do You Have to File a Motorcycle Accident Lawsuit in Florida?

In Florida, the statute of limitations for filing a motorcycle accident lawsuit is two years from the date of the accident. This means that a person has two years from the date of the accident to file a lawsuit seeking compensation for their injuries and damages.

It’s important to note that this deadline applies to both personal injury and wrongful death claims. If a lawsuit is not filed within the two-year period, the person will be barred from seeking compensation for their injuries and damages.

Therefore, it’s important for individuals involved in motorcycle accidents to consult with an experienced personal injury attorney as soon as possible to ensure that their rights are protected and to understand the deadline for filing a lawsuit.

Why Should I Choose Catania & Catania Injury Lawyers to Represent Me in a Motorcycle Accident Lawsuit?

We have more than 120 years of collective litigation experience in Florida, and our team includes former insurance defense attorneys and public defenders − this means that we have a depth of legal knowledge that’s unparalleled at other firms. We are dedicated to protecting the rights of accident victims and their families, and we will fight fiercely to ensure that you receive the compensation you deserve for your injuries and damages. 

We will also provide a free consultation and evaluation of your case and stand by your side throughout the entire process. Choosing Catania & Catania Injury Lawyers as your legal representation in a motorcycle accident lawsuit ensures that you have a team with the knowledge and experience to get you the best possible outcome.

Do I Need a Motorcycle Accident Lawyer? Contact Catania & Catania Injury Lawyers

At Catania & Catania Injury Lawyers, we understand the complexities of motorcycle accidents and the legal gray area surrounding lane splitting in Florida. We are dedicated to protecting the rights of accident victims and their families. If you or a loved one has been involved in a motorcycle accident, contact us today for a free consultation. 

Our motorcycle accident attorneys and legal team are here to help you understand your rights and options.

Image Credits:  Sergey Watgers – Twinsterphoto – Godlikeart / Shutterstock