Lane Splitting and Motorcycle Accidents: What Florida Law Says About It

Motorcyclists often use lane splitting—riding between lanes of slow-moving or stopped traffic—to navigate congestion and reduce travel time. While this practice is legal in some states, Florida law explicitly prohibits lane splitting. Despite this, many riders continue to do it, either unaware of the law or believing it to be a safer alternative to sitting in traffic.

If a motorcycle accident occurs while lane splitting, determining fault and liability can be complex. Our Palm Beach motorcycle accident lawyers explain Florida’s lane-splitting laws, how they impact motorcycle accident claims, and what riders should know about their rights after an accident.

What Is Lane Splitting?

Lane splitting occurs when a motorcycle rides between two lanes of traffic, often weaving between vehicles to bypass congestion. This differs from:

• Lane Sharing – When two motorcyclists ride side by side in the same lane.
• Lane Filtering – When a motorcycle moves between stopped traffic at intersections to reach the front of the line.

Although some riders argue that lane splitting reduces rear-end collisions and keeps them out of stop-and-go traffic, it is illegal in Florida and can impact legal claims if an accident occurs.

Is Lane Splitting Legal in Florida?

No. Lane splitting is illegal in Florida under Florida Statute § 316.209. This law states:

“No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

This means that riding between lanes—whether in moving or stopped traffic—is a traffic violation in Florida. If a motorcyclist is caught lane splitting, they could receive a citation and fine, and if an accident occurs, they may face legal challenges when filing an injury claim.

Why Is Lane Splitting Illegal in Florida?

Florida lawmakers consider lane splitting dangerous due to several risk factors that put motorcyclists in harm’s way. One of the primary concerns is reduced visibility, as drivers may not expect or see a motorcycle weaving between lanes. Unlike other vehicles, motorcycles are smaller and can easily disappear in a driver’s blind spot, increasing the likelihood of a collision.

Another significant danger is limited reaction time. If a car suddenly changes lanes without signaling or checking for motorcycles, the rider may have little to no time to react and avoid a crash. Given the high speeds on highways and congested roads, even a slight miscalculation can lead to a serious accident.

Additionally, there is an increased risk of side-swipe collisions. When motorcycles pass between vehicles, they are at risk of being clipped by side mirrors or doors. Drivers may open their doors without checking for approaching motorcyclists, or sudden lane shifts could result in a rider being caught between two vehicles. These factors make lane splitting particularly hazardous and a key reason why Florida law prohibits it.

While lane splitting is illegal, Florida does allow lane sharing, meaning two motorcycles may legally ride side by side in the same lane.

What Happens If a Motorcycle Accident Occurs While Lane Splitting?

Because lane splitting is illegal, fault and liability in an accident can become complicated. Here’s how it often affects Florida motorcycle accident claims:

1. The Motorcyclist May Be Found Partially or Fully at Fault

Since lane splitting violates Florida traffic laws, insurance companies and defense attorneys may argue that the motorcyclist was at fault for the accident.

However, this does not automatically mean the rider cannot recover compensation. Florida follows comparative negligence rules, meaning fault is divided based on each party’s level of responsibility for the crash.

2. The Other Driver May Still Be Liable

Even though lane splitting is illegal in Florida, other drivers still have a duty to operate their vehicles safely, which includes checking blind spots and making sure a lane change is safe. If a driver fails to do so and causes an accident, they may still share liability for the crash.

One common example is when a driver makes an unsafe lane change without signaling. If a motorist switches lanes abruptly without checking their mirrors or blind spots, they can easily collide with a motorcyclist, regardless of whether the rider was lane splitting. Similarly, distracted driving, such as texting, using GPS, or adjusting the radio, can prevent a driver from noticing an approaching motorcycle, leading to dangerous side-swipe or rear-end collisions.

Another scenario involves drivers opening their car doors into traffic without checking for oncoming motorcycles. This is particularly dangerous in urban areas, where motorcyclists may be riding alongside parked vehicles. When a driver suddenly opens their door, the rider may have little to no time to react, resulting in a serious collision.

In some cases, both the motorcyclist and the driver may share fault for the accident. However, under Florida’s modified comparative negligence rule, the injured motorcyclist may still be able to pursue partial compensation if they are less than 50% at fault for the crash. This means that even if lane splitting contributed to the accident, a motorcyclist may still recover damages if the other driver’s negligence played a significant role in causing the collision.

3. Florida’s Comparative Negligence Law Affects Compensation

Under Florida Statute § 768.81, Florida follows a modified comparative negligence system. If a motorcyclist is found more than 50% at fault, they cannot recover damages from the other driver.

If the motorcyclist is found less than 50% at fault, they may still recover compensation, but it will be reduced by their percentage of fault.

Example:

• A motorcyclist lane splits and is hit by a driver changing lanes without signaling.
• The jury finds the motorcyclist 40% at fault and the driver 60% at fault.
• If the total damages are $100,000, the motorcyclist can still recover $60,000 (the total damages reduced by 40%).

This is why legal representation is crucial—an experienced motorcycle accident lawyer can argue that the driver’s negligence played a larger role in the crash.

Contact Smith, Ball, Báez & Prather

Lane splitting remains illegal in Florida, and riders caught engaging in this practice may face citations and challenges in personal injury claims. However, just because a motorcyclist was lane splitting does not automatically mean they are entirely at fault for an accident.

By understanding Florida’s motorcycle laws, practicing defensive riding, and seeking legal assistance after a crash, motorcyclists can protect their rights and improve their chances of recovering compensation if they are injured in an accident.

If you or a loved one has been involved in a motorcycle accident, the experienced legal team at Smith, Ball, Báez & Prather can help. We understand Florida motorcycle laws and will fight to ensure you receive the compensation you deserve.

Contact us today for a free consultation to discuss your case.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.209.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html