As a motorcycle rider, you have been known to zoom between the vehicles on a backed up freeway—taking full advantage of the fact you can weave in between the lanes. This lane splitting activity is a common site on freeways and city roads, especially during traffic jams. It is a way for a motorcycle to squeeze in between and pass the stop-and-go traffic hassles.
Can You Legally Use Lane Splitting?
In Florida, lane splitting is an illegal traffic behavior. It is prohibited and is considered a risky driving practice. If you were in an accident on a motorcycle or in a vehicle because someone was lane splitting, then it could determine a few things in the personal injury case.
Lane Splitting and an Insurance Claim or Lawsuit
If there was an accident that occurred during lane splitting, it will be difficult convincing insurance adjusters or jurors that you weren’t acting negligent. Because you know it is against the law to drive in between the lanes, doing so means you ignored safety rules.
If you are suing a driver for hitting you on your motorcycle while you were lane splitting, then the driver may not be 100 percent negligent in your case. Even if the driver changed lanes without looking, his or her attorney can argue that you were in between two lanes and possibly difficult to see. So, comparative negligence will most likely play a role in that case.
Proving Negligence
Despite the fact you will find yourself facing a difficult battle proving the other driver was negligent, if the other driver acted unsafely or caused the accident, you can still file a personal injury lawsuit against them for their portion of the negligence. But, you will need to prove that the party was negligence.
Proving the other person’s negligence is key in receiving a proper settlement. Most importantly, your attorney will need to prove that the other driver did something that was more dangerous than you lane splitting, such as making abrupt lane changes, not signaling or driving under the influence of alcohol or drugs.
A police report supporting your claim could make a significant difference in these types of cases, and may even be crucial for convincing the adjuster that the other driver caused the accident.
Get Assistance for Your West Palm Beach Motorcycle Accident Attorneys
If you were injured on your motorcycle and you were lane splitting, you may still be entitled to compensation. Click here to contact the West Palm Beach motorcycle accident attorneys at Sternberg | Forsythe, P.A. today for assistance with your claim. We can assess your case and let you know right away if you have a valid personal injury claim.
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