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Is Lane-Splitting Legal in Florida?

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The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

Lane-splitting is not only a dangerous practice, but it’s also illegal in Florida.

While it may be tempting to slip your motorcycle between the vehicles in both lanes, Florida Statutes § 316.209 states that it is against the law.

Understandably, you may wish to arrive at your destination more quickly. However, if you get into an accident while committing a traffic violation such as lane-splitting, it could be much more difficult for you to recover compensation even if the accident is not your fault. A personal injury lawyer from our firm may be able to help you.

What Is Lane-Splitting?

When there are multiple lanes of traffic moving in the same direction, a motorcycle or similar vehicle is mobile enough to ride along the line in between two lanes, riding past the other vehicles. This is known as lane-splitting.

The practice of lane-splitting is usually an action taken when traffic is moving slowly. It is also known as “filtering” because motorcycles are filtering through traffic to avoid moving as slowly as the traditional vehicles around them. It’s basically a traffic jam hack.

Is Lane-Splitting Illegal in Florida?

Lane-splitting is illegal, according to Florida Statutes § 316.209, which states that, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

While there is no risk of serving any time in jail for lane-splitting, you could have to pay a fine depending on which county you were in when law enforcement gave you the citation. Police will pull you over if they observe you violating traffic laws and a conviction could impact you in civil court whether you are at fault for an accident or not.

What Makes Lane-Splitting Unsafe?

Every state except California has made lane-splitting illegal, and the primary reason why lane-splitting is against the law in Florida is to prevent accidents. Lane-splitting is a dangerous maneuver. The space between lanes is narrow, especially between larger vehicles such as semi-trucks that have multiple blind spots.

Even traditional cars and trucks have blind spots, making motorcycles difficult to spot between lanes. A stop in traffic could compel a driver to open their car door, an object could be thrown out a window, or a driver may be adjusting their mirrors. It wouldn’t take much for one of these actions to put a lane-splitting motorcyclist at risk of injury or even death.

Lane-splitting also puts you at risk of crush injuries and property damage if the vehicles on either side of you were to swerve into each other and pin you. Another driver could also unexpectedly switch lanes, resulting in a collision. There is little to no room for error when lane-splitting.

Furthermore, lane-splitting could be a source of road rage. Angry drivers may not be thinking clearly, and the distraction could result in an accident.

Does Lane-Splitting Affect How Much Compensation You Can Recover After an Accident?

Lane-splitting is a noncriminal traffic violation, but it can have serious implications in a civil trial. If you are a motorcyclist, a conviction for lane-splitting can tip the balance in court because your action could mean you are liable for the other driver’s injuries and financial losses.

The other side can also argue that you are partially at fault for the accident because you were lane-splitting. This means that you may see a reduction in the amount of compensation you can recover. However, it may not prevent you from receiving at least some compensation.

Motorcyclists can prevent this kind of scenario by complying with all traffic laws and avoiding lane-splitting.

Can a Lawyer Help You Recover Damages After a Lane-Splitting Accident?

Whether you are a motorcyclist or the driver of a traditional vehicle, a lane-splitting accident can cause severe injuries, including head injuries, neck injuries, spinal cord injuries, and broken bones. Your injuries require medical treatment, which can result in crushing medical bills and other financial losses.

A personal injury lawyer from our firm could benefit your case. We will investigate the accident to determine liability and collect evidence in support of your claim. Evidence could include the police report, your medical records, witness statements, and expert opinions.

We will calculate the value of your claim by considering the damages that apply to you, which can include:

  • Medical bills
  • Home modifications
  • Lost income
  • Household services
  • Childcare
  • Property damage
  • Pain and suffering
  • Emotional distress

Our team can negotiate with the insurance company to help you reach a fair settlement. If necessary, we will file a lawsuit to recover compensation for you in court. We have won multi-million-dollar settlements for clients.

The earlier a lawyer takes on your case, the more time they have to build it and file a lawsuit before the statute of limitations runs out, which is two years, according to Florida Statutes § 95.11.  Our team will work to meet all deadlines in your case, so you retain your right to pursue damages through the legal process.

Learn More About Lane-Splitting in Florida Today

All motorcyclists have a duty to ride responsibly. Lane-splitting is illegal and can prevent you from receiving adequate compensation for any damages you suffer because of an accident.

Lane-splitting is not only illegal, but it’s also dangerous. It puts motorcycle riders and other drivers and their passengers at risk. If you or someone you love was hurt in a lane-splitting accident, you may be entitled to compensation, and we are ready to talk to you about your case. We consider it a privilege to handle your case so you can focus on healing.

To learn more about the legality of lane-splitting in Florida and how it can affect your personal injury case, please don’t hesitate to contact us today. Dismuke Law offers free initial consultations.

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Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today