In the state of Florida, lane-splitting is an explicitly illegal practice. While some motorcyclists partake in lane-splitting to cut down the time of their commute by weaving between lanes, this practice is extremely dangerous and is known to lead to serious accidents due to the motorcycle being easily missed in other motorists’ blind spots. Because the state of Florida operates under the rule of comparative negligence when determining liability in personal injury accidents, more than one party may bear partial liability in a motorcycle accident. In the event that lane-splitting is to blame for a motorcycle accident, that party may bear more liability than the other party.
Eberst Law is a Florida personal injury law firm with years of experience helping clients who have been harmed in a motorcycle accident caused by lane-splitting. While the process of determining liability after a lane-splitting motorcycle accident can seem complex and overwhelming, you do not need to go through the process alone. We are dedicated to ensuring our clients are able to file strong claims and pursue the fair compensation they are owed.
How Can You Prove Liability in a Florida Lane-Splitting Motorcycle Accident?
While lane-splitting is illegal in the state of Florida, that does not automatically mean that the motorcyclist will bear the full brunt of liability for your personal injury claim. You must still be able to build a strong personal injury claim with the help of a motorcycle accident lawyer who will examine the factors of your case and any available evidence to determine liability.
In a motorcycle accident case, your lawyer must be able to prove the liability of the motorcyclist who was lane splitting by showing evidence of the four elements of negligence. These elements are as follows:
- The motorcyclist owed you a duty of care
- The duty of care
- The breach of duty led to the motorcycle accident and your subsequent injuries
- You suffered losses as a result of their negligence
If your personal injury lawyer is able to present this evidence in your case, the driver of the motorcycle may hold a majority of the liability. However, there are other parties who may hold partial liability due to Florida’s comparative negligence rule. These parties include the following:
- You may hold partial liability if it is proved that you were also acting negligently at the time of the accident. For example, if you were texting and driving when the crash occurred, you may bear some responsibility for the crash
- The motorcycle manufacturer may bear some responsibility if a defective part of the motorcycle led to the accident in any way
- Another driver may be found partially liable if they were driving negligently and that is why the motorcyclist was lane-splitting
Your lawyer should launch a full investigation into the details of what occurred to better understand who may be liable for your Florida lane-splitting motorcycle accident case. To begin the process of filing your personal injury claim today, contact a trusted Florida motorcycle accident lawyer today.
File a Strong Lane-Splitting Motorcycle Accident Case Today
If you have been injured due to a motorcycle accident in which the motorcyclist was lane-splitting at the time of the crash, the legal team at Eberst Law is here to fight for you as you pursue fair compensation for your losses. We understand it can be challenging to identify the liable party in a case like yours. That is why our team of legal professionals is here to help you through every step, from proving liability to pursuing the compensation you are owed.
To learn more about how our Florida lane-splitting motorcycle accident attorneys can help you and to schedule a free consultation, call us today at (772) 225-4900 or complete our contact form.
