If you were in a motorcycle accident while lane splitting in Miami, you may be able to sue the other driver for hitting you. However, you cannot recover compensation if you are more than 50 percent at fault for the accident. You will likely be found at least partly at fault for the crash because lane splitting is illegal in Florida.
A Miami motorcycle accident lawyer from our personal injury law firm can fight to reduce the percentage of fault the court assigns to you and gather evidence that could prove the other driver was negligent and is partially at fault for the accident.
What Is Lane Splitting?
Lane splitting occurs when a motorcycle rider drives between lanes of traffic. This practice is also known as white-lining or stripe-riding. While lane splitting can save time or help motorcyclists avoid traffic, it’s a safety risk, which is why the maneuver is illegal in Florida.
When lane splitting, you risk being hit by a vehicle that is switching lanes or a car door that opens unexpectedly. Motorcycle accidents can cause severe injuries, especially if you are not wearing a helmet.
Can Lane Splitting Impact Your Case For Compensation?
Since lane splitting is illegal in Florida (per Florida Statutes § 316.209), the motorcycle rider is likely at least partially responsible for an accident. If you are more than 50 percent at fault for the accident, you cannot recover compensation for your damages.
However, if you can prove the other driver was negligent and is partially at fault for the accident, you could recover some compensation. Per Florida Statutes § 768.81, Florida is a modified comparative negligence state, so the court will reduce your award based on your percentage of fault. For example, if you were 40 percent at fault for the accident, you would only recover 60 percent of your damages.
What Seps Can You Take To Help Your Motorcycle Accident Case In Miami?
Personal injury claims can be complex, and you must be able to prove another party was negligent and is more than 50 percent liable for your damages. You should take the following steps after a Miami motorcycle accident:
- Report the accident to law enforcement: The responding officer will investigate the accident to determine the cause and write a police report with details such as their opinion of who is at fault, whether a motorcyclist was lane splitting, and witness statements.
- Gather evidence: If possible, gather evidence that can benefit your case, including photographs of the accident scene and contact information from witnesses. Your personal injury attorney can obtain statements before witnesses’ memories fade and collect evidence before it disappears.
- Seek medical treatment: Do not delay seeking treatment from a medical professional even if you don’t think you have any serious injuries. Sometimes, symptoms of severe injuries could take time to present. A doctor can treat your injuries before they worsen and document them in your medical records.
- Contact a lawyer: A Miami personal injury lawyer can protect your rights and explain your legal options. We strongly urge you to speak with a legal professional as soon as possible.
What Types Of Damages Can You Recover In A Miami Motorcycle Accident Case?
If you are less than 50 percent at fault for the crash, you can sue the other driver to recover some of your economic and non-economic damages. You may also be able to claim wrongful death damages if you lost someone you love in the accident.
- Economic damages include medical bills, lost income, transportation, child care, household services, home modifications, rehabilitation services, and property repair and replacement.
- Non-economic damages include emotional distress, mental anguish, loss of enjoyment of life, disability, disfigurement, and pain and suffering.
- Wrongful death damages typically cover funeral costs, mental pain and suffering, medical bills, lost income, and loss of companionship. A Miami wrongful death lawyer can help you protect your family’s future.
How Long Do You Have To Sue A Driver For Hitting You While Lane Splitting In Miami?
You generally only have two years to file a personal injury or wrongful death lawsuit in Miami-Dade County, per Florida Statutes § 95.11.
If you don’t file a lawsuit before the deadline expires, the court could dismiss your case and you would lose your right to recover compensation through the legal process. A Miami motorcycle accident attorney will work to meet the statute of limitations in your case.
How Can A Motorcycle Accident Lawyer Benefit Your Case In Miami?
A Miami motorcycle accident injury attorney can investigate the accident, collect evidence, and seek fair compensation for your damages. Reducing your percentage of fault in the accident is crucial, as you will likely have to pay for your expenses out of pocket if you are more than 50 percent at fault.
Your motorcycle accident injury lawyer will also negotiate with the insurance company on your behalf. If the insurer doesn’t offer a fair settlement, your attorney can take your case to trial.
If you obtain legal representation from the Law Offices of Anidjar & Levine, we will provide responsive legal help to serve your needs, including:
- Helping you access medical care
- Arranging transportation for you
- Assisting you with repairing or replacing your vehicle
- 24/7 availability
- Prompt return communication
- No attorney fees unless we win your motorcycle accident claim
- Fighting for a full settlement to cover your damages
- Scheduling appointments for you
- Talking to the insurance company on your behalf
- Filing a lawsuit and preparing your case for trial
- Representing you in court, if necessary
- Carrying the burden of your case so you can focus on healing
Learn More About Suing A Driver Who Hit You While Lane Splitting In Miami
You have the right to sue the other driver for hitting you in Miami, but you could be partly at fault for the accident since lane splitting is illegal. Unless you can prove that the other driver was negligent and is more than 50 percent at fault for the accident, recovering compensation will be challenging.
A Miami motorcycle accident lawyer from the Law Offices of Anidjar & Levine will fight to reduce your percentage of fault so you can recover damages. To learn more during a free consultation, please contact us today.
