Who’s at Fault if I Hit a Lane-Splitting Motorcyclist in Tampa?
Lane splitting occurs when a motorcyclist weaves between cars in traffic, attempting to bypass congestion. While this practice is legal in some states, it is prohibited in Florida. Still, many motorcyclists engage in lane splitting, especially in heavy traffic or at standstills. If an accident happens and a lane-splitting motorcyclist is involved, you may wonder how fault is determined. Although the motorcyclist may have violated traffic laws, insurance companies and the courts may also consider other factors to determine liability. Read on to learn more about what happens in such a situation to protect your rights and interests better.
What Florida Law Says About Lane Splitting
Under Florida Statute Section 316.209(3), it is illegal for motorcyclists to ride between lanes of traffic or adjacent rows of vehicles. Violating this law is considered a noncriminal traffic infraction, meaning that while it doesn’t lead to criminal charges, it can be evidence of negligence in a personal injury claim. If a motorcyclist was lane-splitting when the accident happened, the violation may be used against them when determining fault.
Lane Splitting vs. Lane Filtering vs. Lane Sharing
Many people often confuse lane splitting with maneuvers like lane filtering and lane sharing. However, each has a different meaning and legal implications.
- Lane Splitting: A motorcyclist rides between moving lanes of traffic, often on the line separating two lanes.
- Lane Filtering: A motorcyclist moves between stationary or slow-moving vehicles to get ahead in traffic. This is illegal in Florida.
- Lane Sharing: This involves two motorcyclists riding side by side in the same lane. Florida law allows this, but no more than two motorcyclists can ride in the same lane.
Proving Fault in a Lane-Splitting Accident
Determining fault in any accident, including lane-splitting accidents, requires establishing negligence. This means proving the following:
- Duty of care: All drivers, including motorcyclists, must follow traffic laws and drive responsibly. You must demonstrate that the motorcyclist owed you this duty.
- Breach of duty: Then, you must show that the other party failed to uphold their duty, such as by violating traffic laws, in this case, lane splitting.
- Causation: Establish that the breach of duty led to the accident
- Damages: You must also show that the accident resulted in injuries or property damage.
In a lane-splitting accident, the motorcyclist’s illegal maneuver can be strong evidence that they breached their duty of care. However, this does not automatically mean they are 100% at fault. Florida follows a comparative negligence system, meaning multiple parties can share fault. Under Florida Statute §768.81, if you are determined to be not more than 50% responsible, you can still secure compensation, but your payout will be reduced based on your level of responsibility. For example, if a lane-splitting motorcyclist caused the accident but an investigation finds that you could have reacted differently to avoid it, you might be assigned 20% fault. In this case, your compensation would be reduced by 20%.
If you’re involved in an accident with a motorcyclist who was lane splitting, working with an attorney is crucial to analyze the details and ensure you’re not unfairly assigned blame.
Contact a Tampa Car Accident Lawyer Today
Let our Tampa car accident lawyer at The Pendas Law Firm help you navigate the claims process and protect your rights.
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Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.209.html