Is Lane Splitting Allowed in the State of Florida by Motor Scooter Operators?
In the State of Florida, lane splitting is not permitted under the law. Lane splitting takes place when a motor scooter operator or motorcyclist drives between lanes of stopped or slower traffic. Section 316.209, Florida Statutes prohibits lane splitting. In some jurisdictions like California, lane splitting is permitting. When a motor scooter operator or motorcyclist is lane splitting, he or she is attempting to get through traffic in a more expedited manner. While this may save some time for the motor scooter operator or motorcyclist, it is also dangerous. If a motor scooter operator or a motorcyclist is lane splitting, a traffic citation can be issued for the violation of the Florida Statute.
It should be noted that Florida is a comparative fault state. This means that an injury victim can pursue a claim or case for personal injuries even if the injury victim may be partially at fault for the accident or crash. For instance, let's say that a motor scooter operator is injured as a result of a crash. It is determined that the motor scooter operator is 25 percent at fault. Under this fact pattern, a motor scooter operator would still be able to pursue or collect 75 % of the claimed damages resulting from the motor scooter crash. It should also be noted that the police report is not necessarily controlling on the pursuit of a civil case or claim on behalf of the motor scooter injury victim. For instance, let's say that a police officer arrives on the scene, interviews the parties, and then decides that a traffic citation will not be issued for the crash. Under this fact pattern, the injured motor scooter operator can still pursue a case or claim. The police officer is not deemed to be judge and jury when it comes to fault or responsibility for a motor scooter crash as pertains to a civil case or claim for compensation.
The injuries sustained as a result of a motor scooter accident can put a lot of pressure and stress on the injury victim and family. Following a motor scooter accident, it is often helpful to get advice, guidance, and (when appropriate) legal representation as to the damages caused the motor scooter accident. In the State of Florida, a motor scooter is considered a motor vehicle. Under some provisions, it is also considered a motor cycle. Whatever designation a motor scooter has under Florida law, it is perfectly legal to operate a registered motor scooter on the streets and roads in the State of Florida. As such, motor scooter operators should be respected and other drivers should be alert and careful when driving on the roads and streets shared by these motor scooter operators.
David Wolf is an experienced personal injury attorney who handles motor scooter and motorcycle accident cases through the State of Florida. He has over 28 years of experience in working with and helping personal injury victim and their families. Attorney David Wolf is the author of 12 books and over 4,000 articles that focus on personal injury and safety issues. You can contact David Wolf for a free consultation on a personal injury case including those dealing with motor scooter accidents at (904) 500-WOLF or (904) 500-9653 and via e-mail at firstname.lastname@example.org