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Lane splitting and lane filtering are two terms that are often confused with one another, but they are actually two different things. Lane splitting is the term used when a motorcyclist passes between two lanes of traffic, while lane filtering is the term used when a motorcyclist moves up the side of a stopped or slow-moving vehicle. Lane splitting is a common practice among motorcyclists in some states.
However, it is illegal in Florida.
Some people argue that lane splitting should be legalized in Florida because it could help ease traffic congestion and make riding safer for motorcyclists. Others say that the risks of lane splitting outweigh the benefits, and that it is not worth legalizing.
What do you think? Should Florida legalize lane splitting? In this post we’ll look at the legalities of lane splitting and how it may actually reduce the amount of motorcycle accidents in Florida.
The Florida statute outlawing lane splitting for motorcyclists is § 316.209 of the Florida Statutes. That law says a motorcycle rider may not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. It also says a motorcyclist may not overtake and pass another vehicle in the same lane occupied by that vehicle. The exception in subsections (2) and (3) is for police officers or firefighters acting in the performance of official duties.
Florida’s ban is broader than many riders realize. It does not just bar a motorcycle from riding directly on the line between two moving lanes. It also bars riding between adjacent rows of vehicles, which is why lane filtering to the front of stopped traffic is illegal in Florida. In practical terms, a rider may not squeeze between cars in stop-and-go traffic, ride up between two rows of vehicles at a light, or pass a car by staying inside the same lane that the car is already using.
Florida law still gives motorcycles important roadway rights. A motorcycle is entitled to the full use of a lane, which means other drivers are not supposed to crowd the rider out. Florida law also allows motorcycles to operate two abreast in a single lane, but not more than two abreast. So while lane splitting and lane filtering are off the table, riders can still use a full lane, change lanes like any other vehicle when it is safe to do so, and ride side by side with one other motorcycle in the same lane.
Lane splitting is the act of riding a motorcycle in the space between two lanes of traffic, usually cars. This can be done either by traveling in the same lane as the cars or by passing between them. In some states, lane splitting is legal for motorcyclists, while in Florida it is not. There are a few reasons for this.
One reason is that lane splitting can be dangerous. When a motorcycle travels between two lanes of traffic, it is difficult for other drivers to see them. This can lead to accidents, especially if the other driver does not expect a motorcycle to be there. Another reason is that lane splitting can cause traffic congestion. When motorcycles travel between lanes, it slows down traffic for everyone. This can be especially problematic on busy roads or during rush hour.
Despite these potential dangers, some people believe that lane splitting should be legal in Florida. They argue that it would make the roads safer for motorcyclists, as they would be less likely to get into an accident if they could split lanes. They also argue that it would reduce traffic congestion. While there is no definitive answer as to whether lane splitting should be legal in Florida, it is something that lawmakers should consider.
Motorcyclists who are caught lane splitting in Florida can be fined up to $500.00. The law also requires that the motorcyclist must be moving no faster than 10 mph and that they must not exceed 25 mph when lane splitting.
Supporters of legalization often point to two possible benefits: reduced congestion and fewer rear-end crashes for riders in stop-and-go traffic. Lane splitting may actually be safer for the motorcyclist than staying in the same lane as the other vehicles. One scenario in which lane splitting is safer for the motorcyclist is when there are two lanes of traffic traveling in the same direction and one lane has stopped completely while the other continues moving.
In this situation, it would be much safer for the motorcyclist to split lanes and ride between the two rows of cars rather than stay in the same lane as all of the other vehicles. This is because it would be much easier for a car that was moving to suddenly change lanes and hit the motorcycle than it would be for a car that was stopped to suddenly start moving again and hit the motorcycle.
The third scenario in which lane splitting is safer for the motorcyclist is when there is one lane of traffic traveling in each direction and one of those lanes has stopped while the other has continued to move. In this situation, it would be much safer for the motorcyclist to split lanes and ride between the two rows of cars rather than stay in the same lane as all of the other vehicles. This is because it would be much easier for a car that was moving to suddenly change lanes and hit the motorcycle than it would be for a car that was stopped to suddenly start moving again and hit the motorcycle.
Supporters of legalization often point to California research showing that lane-splitting riders involved in crashes were less likely than non-lane-splitting riders to suffer head, torso, extremity, and fatal injuries. That same study found that lane splitting appeared relatively safe when traffic was moving at 50 mph or less, and the motorcycle was not exceeding the surrounding traffic by more than 15 mph. Supporters also argue that moving between lanes may reduce the risk of a rear-end crash in stop-and-go traffic and cut congestion by clearing motorcycles from the line of stopped cars.
Under Florida Statutes § 316.209, a lane-splitting violation is a noncriminal traffic infraction punishable as a moving violation. That means a rider may receive a citation, face fines and court costs, and deal with license-record and insurance consequences that often follow moving violations. It is safer to avoid hard numbers here because the total amount can vary by county and by how the citation is resolved.
The legal risk is only part of the problem. A rider who is hurt while lane splitting may also give an insurance company an argument that the rider helped cause the crash. Florida follows a comparative fault system in negligence cases, so fault can be divided among the people involved. That can make a lane-splitting ticket or a police report reference to lane splitting a major issue in any injury case.
The most recent statewide annual crash report published by FLHSMV lists 9,548 motorcycle crashes in Florida in 2023, along with 621 motorcycle fatalities and 8,191 motorcycle injuries. Those numbers show why any riding practice that may affect motorcycle safety gets attention in Florida. They also explain why the lane-splitting debate is not going away.
At the same time, Florida-specific statewide crash data does not break out a separate lane-splitting category in the public annual summary. That makes it harder to say how many Florida crashes actually involved lane splitting, as opposed to other common causes such as left-turn conflicts, rear-end crashes, speeding, or impaired driving.
Whether you engage in lane splitting or not, you should always wear a motorcycle helmet on the roads in Florida.
Many people believe that lane splitting is dangerous for both the motorcycle rider and the drivers around them. They argue that it is difficult for drivers to see a motorcycle when it is driving between two lanes of cars and that this can lead to accidents. They also argue that motorcycles are more likely to lose control when they are lane splitting and that this can lead to serious accidents. Others argue that lane splitting is actually safer for motorcycle riders. They argue that it can help riders avoid being rear-ended by other vehicles and that it can also help them stay out of dangerous situations like road rage. Additionally, they argue that lane splitting can actually help reduce traffic congestion.
When it comes to lane splitting accidents, there are typically two types of accidents that can occur: the first is when a car hits a motorcycle while the bike is in the process of splitting lanes; the second is when a motorcycle hits a car while lane splitting. In either case, the motorcyclist is typically at fault because lane splitting is illegal.
However, if a motorbike rider can show that another driver is to blame for the incident, he or she may be partially or fully compensated for accident-related injuries and property damage. For example, if a driver is texting or otherwise preoccupied while driving and collides with a motorcycle lane-splitting, the driver may be held accountable (liable) for the accident. You should contact an experienced personal injury lawyer in Florida to learn more about this.
The following factors may help demonstrate that a motorcyclist is not entirely to blame in the event of a lane-splitting collision:
When it comes to lane-splitting accidents, there are typically two broad questions: did the rider violate Florida’s lane-splitting law, and did another driver also do something careless that helped cause the collision? Because lane splitting is illegal in Florida, a rider who was splitting lanes may face a strong argument that he or she shares fault. But that does not automatically mean the rider is 100% to blame.
Florida negligence law allows fault to be divided among the people who contributed to a crash. So if a driver was texting, changed lanes without looking, drifted across a lane line, or made another unsafe move, that driver may still share responsibility, even if the motorcyclist was lane-splitting at the time.
The following factors may help demonstrate that a motorcyclist is not entirely to blame in the event of a lane-splitting collision:
Yes, it is possible that lane splitting will be legalized for motorcyclists in Florida. As we mentioned earlier, there are a few benefits to lane splitting that could potentially persuade Florida lawmakers to legalize the practice. We now know that lane splitting can help to reduce traffic congestion and it can help to reduce motorcycle accidents.
But if Florida ever revisits the issue, the better comparison may be a narrow, rule-based version of legalization rather than an open-ended green light. California allows lane splitting when done safely and prudently and publishes safety guidance for riders and drivers. If Florida lawmakers ever move in that direction, they may be more likely to focus on a narrowly limited approach, such as low-speed filtering in stopped traffic, rather than broad permission to split lanes at higher speeds.
While the debate over lane splitting in Florida is still ongoing, we wanted to provide our readers with a brief overview of what lane splitting is and some of the potential benefits that could come from legalizing it. If you are a motorcyclist who has been injured in an accident, please don’t hesitate to reach out to us for a free evaluation.
Herman & Wells offers a free case evaluation and focuses on keeping clients informed as their case progresses. If you were hurt in a motorcycle crash and fault is being disputed because of an alleged lane-splitting violation, it may help to speak with a lawyer before the insurance company locks in its version of what happened.
Our team of experienced attorneys at Herman & Wells can help you get the compensation you deserve for your injuries.