The size and flexibility of motorcycles give bikers options that larger vehicles don’t have. In some instances, two motorcycles will ride side-by-side within one lane, which is referred as lane sharing. Other times, bikers will ride between lanes of traffic when there is heavy volume or they are in a long line at a ride light. This is usually called lane splitting or lane filtering. However, only one of these practices is legal in Florida.
While some states permit lane splitting under certain conditions, Florida law prohibits motorcycles from overtaking and passing other vehicles within the same lane. This means that motorcycles must adhere to the same rules as other vehicles and may not maneuver between lanes to bypass traffic.
On the other hand, riding side by side within a single lane is not barred in the state. However, Florida's traffic laws require vehicles to be driven as nearly as practicable entirely within a single lane. Therefore, it is advisable for lane-sharing motorcyclists to exercise caution and make sure that both bikes are able to stay within the lane’s boundaries. Riding side by side can increase the risk of accidents, particularly in situations where sudden maneuvers may be necessary. Even in cases where a car or truck is responsible for a collision, the at-fault driver might try to shift the blame to a lane-sharing biker.
In lawsuits where both the plaintiff and defendant might be liable for the injury that occurred, Florida uses a modified comparative fault standard. This means that the damage award is based on the percentage of liability assigned to each party, with recovery barred if the plaintiff’s share of the fault is greater than 50 percent. So if a victim incurs $200,000 in damages stemming from a crash, but the jury believes they are 25 percent liable because they were sharing a lane with another motorcyclist, the award would be $150,000. Due to the law barring lane splitting, someone who is hurt while riding between lanes could very likely be considered to be more than 50 percent at fault and be precluded from obtaining any financial recovery.
At Goldman, Babboni, Fernandez, Murphy & Walsh we understand the unique legal challenges faced by bikers in Florida. Our experienced motorcycle accident attorneys are dedicated to advocating for the rights of injured clients. If you’ve been hurt in a motorcycle crash, please call 941-954-1234 or contact us online to set up a free consultation at our Sarasota office.