Is Lane Splitting Legal In Florida?
Posted on: June 27, 2024Lane splitting is one of the biggest disputes between motorcycle riders and car drivers. One side says it’s safe; one side says it’s not.
But what does the law say?
If you ever find yourself on the back of a motorcycle in Florida, you may have wondered: “Is lane splitting legal in Florida?” Let’s take a closer look to help keep you safe and protected while on the road.
Also called “white lining” or “stripe-riding,” lane splitting is when a motorcyclist drives between two lanes of traffic.
When the motorcycle passes between two lanes of stopped or slow moving motor vehicles, this is called lane filtering.
Is Lane Splitting Legal In Florida?
Lane splitting is illegal in Florida as well as most other states. According to FL Statute 316.209 (3), “[n]o person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
Due to the way the law is written, this makes lane filtering illegal as well and both practices are considered noncriminal traffic infractions, punishable as a moving violation.
If you recently moved to Florida from another state, this may come as a surprise. For example, lane splitting is legal in California, and lane filtering is legal in Arizona, Utah, Colorado, Montana, and Hawaii. In many other states, there are no laws on the books regarding lane splitting and it is simply left to the discretion of local law enforcement.
Is Lane Sharing Legal In Florida?
Although lane splitting in Florida is illegal, lane sharing is not.
In fact, the same law states that two (2) motorcycles can ride side-by-side in the same lane. However, motorcycles are not allowed to pass another vehicle in the same lane. FL Statute 316.209 (4) explains that no more than two motorcycles can occupy the same lane.
Is Lane Splitting Safe?
The safety of lane splitting remains a highly controversial topic.
A 2015 study by the University of California Berkeley found that lane splitting motorcycle riders are less likely to become injured in an accident. Many bikers report feeling safer from getting rear-ended while lane splitting.
Opponents of the practice point out that motorcyclists put themselves at a much higher risk of an accident, since they no longer have a “safety cushion” around them.
Whether it’s safe or not, if you get into an accident in Florida while lane splitting, you will likely be found at fault. If you are to blame for the motorcycle accident, it puts you at a severe disadvantage.
This is even more of a concern if you’re also trying to overcome motorcycle bias. Many jurors already have an inherent bias against motorcyclists such that being found in any violation of the law will likely make the case very difficult.
Conclusion
Safe or not, Florida traffic laws prohibit lane splitting. In addition to following common sense motorcycle safety, we encourage all motorists to follow traffic laws. Not only is this the best way to prevent accidents, it also gives you a much better chance of winning if you need to file a motorcycle or car accident lawsuit.
If you’ve been involved in a lane splitting accident as a vehicle driver or motorcyclist, it is imperative that you seek legal guidance from a licensed personal injury attorney as soon as possible.
Call our offices today for a free consultation.
Jim Gordon
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.
