Florida is assuredly a haven for motorcycle enthusiasts, and motorcyclists abound in all regions of the state. Accidents happen daily involving motorcycles, many times due to the dangerous actions of the riders. These mishaps do often result in serious injury to riders, but injuries to those in passenger vehicles are common as well. And one common element of claims is the fact that a motorcyclist was riding in between authorized highway lanes, also known as lane splitting.
Lane splitting is illegal in Florida
One of the first issues with lane splitting is that the practice is only legal in California. Of course, the primary reasoning behind the restriction is the potential causation of motorcycle accidents, especially when riders startle others on the road by appearing from nowhere out of blind spots. This presents unexpected scenarios for automobile drivers while in transit, and it also makes accident reconstruction difficult when liability is being determined.
How lane splitting impacts injury claims
Although Florida is a “no fault” insurance state when injuries are being compensated by insurance providers, fault for causing an accident can still matter significantly because financial damages can easily surpass the standard minimum that many passenger vehicle owners carry as required by state law. In addition, state courts must determine when an injured party is seriously injured enough to pursue further financial compensation from other motorists, including motorcycle owners. An accurate determination of how an accident happened is important, and lane splitting is a common reason.
Proving lane splitting was happening
The problem with filing a claim against another driver in Florida is proving the claim. Florida attorneys who represent victims of a motorcycle accident must prove through any evidence available that a motorcyclist involved in the wreck was out of their respective lane and riding the dividing line or traveling in an emergency lane at an increased speed. This is typically accomplished using photos of the accident scene and eyewitness testimony, which is not always consistent.