Lane splitting accidents in Tampa, FL, can cause severe injuries. The insurance company for the other driver may blame the accident on the motorcyclist. It may also point to the presence of lane splitting to deny the accident claim.
Our Tampa lane splitting accident lawyers of Catania & Catania Injury Lawyers fight allegations of blame. We work to get you the money you deserve after a driver causes a motorcycle accident. Since 1992, we have recovered more than $500 million for our clients.
Contact our law office or give us a call at (813) 222-8545 to schedule a free consultation with one of our Tampa motorcycle accident lawyers. We have extensive experience handling motorcycle accident claims.
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How Our Tampa Motorcycle Accident Lawyers Help Motorcycle Riders with Accident Claims
Since 1992, we have dedicated our law practice to helping accident victims with personal injury claims. Motorcycle injury claims can be challenging. Allegations of lane splitting can reduce the amount of money you receive for a motorcycle accident claim.
When you hire Catania & Catania Injury Lawyers, you can expect us to:
- Investigate the cause of your motorcycle crash to determine each factor that contributed to the collision
- Identify all parties responsible for the cause of the crash
- Gather evidence and document damages to calculate the value of your accident case
- File insurance claims and aggressively negotiate for fair settlement amounts
- Work with accident reconstructionists, medical experts, and other expert witnesses as necessary
- File a lawsuit and pursue the matter in court when the other parties refuse to accept a fair settlement offer
We defend the rights of motorcyclists to fair compensation for accident injuries. Our Tampa motorcycle accident lawyers have decades of experience handling lane sharing and lane splitting claims.
Call today to schedule a free consultation with an experienced motorcycle accident attorney in Tampa, Florida.
Lane Sharing vs. Lane Splitting in Tampa, FL
Florida laws state that motorcycles are entitled to the full use of a lane. Therefore, no motor vehicle should be driven to prevent the motorcycle from the full use of a lane of traffic.
There is a difference between lane sharing and lane splitting. Lane sharing is when more than one motorcycle shares the same lane of traffic. Florida laws permit two motorcycles to ride beside each other in a single lane of traffic.
However, lane splitting is illegal in Florida. The law states that operating a motorcycle “between lanes of traffic or between adjacent lines or rows of vehicles” is prohibited. Additionally, motorcyclists riding in a lane of traffic cannot pass another vehicle in the same lane as the vehicle being overtaken is traveling.
Lane positioning to improve the motorcycle’s view to other drivers can reduce the risk of crashes. However, lane splitting can result in the rider being in another vehicle’s blind spot. Some resources point out that lane-splitting could reduce traffic congestion, but more research is necessary to compare the safety benefits and dangers of lane splitting. It’s also important to keep in mind that a motorcycle license and the use of a helmet are mandatory in Florida.
Florida’s Comparative Fault Laws and Lane Splitting Accidents
Under Florida law, the at-fault driver for a motorcycle could be liable for the non-economic and economic damages caused by the crash. However, Florida’s comparative fault laws base damages on the person’s level of fault.
For example, if another driver is 100 percent at fault for the cause of a motorcycle crash, the motorcyclist could receive up to 100 percent of the value of damages. However, if the motorcyclist contributed to the cause of the accident, his compensation may be reduced by his percentage of fault.
Let’s assume that a jury finds that a rider was 20 percent at fault for the cause of the motorcycle accident. In that case, the amount of money the rider receives for damages is reduced by 20 percent.
A defense attorney may argue that lane splitting is prohibited under Florida law, so negligence per se would apply. Also, the defense could present expert witnesses to testify that lane splitting can be dangerous and increase the risk of a motorcycle accident. The defense uses this argument to shift some of the blame for the cause of the motorcycle crash to the rider.
If the jury accepts this version of events, it could find that the rider contributed to the cause of the motorcycle accident. The jurors would assign blame, and the rider’s compensation would be adjusted based on his percentage of fault.
Blaming the rider for causing a motorcycle crash is a common insurance tactic to avoid paying claims. Lane splitting gives the insurance company another basis for undervaluing damages during settlement negotiations.
Our Tampa motorcycle accident lawyers fight allegations of comparative fault. We understand how to argue against these allegations in an accident case.
Schedule a Free Consultation With Our Tampa Motorcycle Accident Lawyers
It does not cost you anything to meet with an attorney to discuss your case. Call us for a free case evaluation with an experienced Tampa lane splitting accident lawyer. Let’s discuss your options for recovering compensation for injuries and damages caused by a motorcycle crash.