Liability for a motorcycle lane splitting accident in Fort Myers depends on the case’s details. Lane splitting laws in Florida prohibit motorcyclists from riding between two lanes of traffic, even when cars are stopped or moving slowly. So, a motorcyclist might be to blame if they were lane splitting. But that doesn’t always mean they’re entirely at fault.
If another vehicle driver suddenly changed lanes without signaling and hit a lane-splitting motorcyclist, both parties could share responsibility. Florida follows a modified comparative negligence rule, which means blame (and costs) can be split between parties based on their degrees of fault. You may want to discuss your situation with a Fort Myers motorcycle accident lawyer to better understand how Florida’s laws apply to your case.
Potential Liable Parties in a Fort Myers Lane Splitting Accident
Because riding a motorcycle between lanes is illegal in Florida, a motorcyclist will likely bear at least some of the blame for a lane-splitting accident. However, several other parties may be partially at fault, such as:
- Another motor vehicle driver
- A driver’s employer
- A pedestrian or bicyclist
- A motorcycle, vehicle, or parts manufacturer
- A municipality in charge of road maintenance
In some cases, multiple parties will share fault. Your Fort Myers personal injury lawyer can investigate your case and determine whether multiple parties share responsibility.
How Modified Comparative Negligence Affects a Fort Myers Motorcycle Lane Splitting Accident
Comparative negligence affects how fault is divided when more than one person or entity contributed to a crash. According to Florida Statutes § 768.81, Florida uses a modified comparative negligence system for most injury cases, including motorcycle and car accidents in Fort Myers. This means each party’s compensation will be reduced by their percentage of fault, and anyone more than 50% at fault cannot recover compensation for their damages.
For example, if a motorcyclist was lane splitting and hit a car that suddenly swerved into another lane without signaling, the insurance company or court might say:
- The motorcyclist was 40% at fault for lane splitting, so they can still recover 60% of their damages.
- The driver was 60% at fault for the unsafe lane change, so they cannot recover any compensation for their damages.
Liability Assignment When More Than Two Parties Are Involved
In some cases, fault can be divided between more than two parties. For example, one vehicle driver may be 60% at fault, another 30%, and the remaining 10% could fall on another party.
When multiple parties are involved, the claims process can get complicated. For instance, liability for accidents involving commercial vehicles may include parties who weren’t even at the scene, such as:
- A trucking company
- A manufacturer or mechanic
- Freight loaders
- One or more third-party companies
If your accident involved a commercial vehicle, your Fort Myers truck accident lawyer can help identify potentially responsible parties based on your case. They can also determine how the accident impacted your life physically, mentally, and emotionally, which is important when filing a motorcycle accident claim in Fort Myers. Compensation should reflect all the ways the accident has affected your life currently and will affect it in the future.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Fort Myers
Florida law generally gives you two years from the accident date to file a personal injury lawsuit, per Florida Statutes § 95.11. If you miss this deadline, you could lose your right to seek compensation in court, even if you suffered severe injuries or are clearly not at fault.
While two years might seem like a long time, it’s important to act sooner rather than later. The longer you wait, the harder it may be for your Fort Myers motorcycle accident to gather evidence like:
- Accident scene photos
- Traffic camera footage
- Witness statements
- Police reports
This evidence is much easier to gather shortly after the crash. Prompt action can also help your personal injury attorney start the recovery process and deal with insurance adjusters more efficiently.
How Our Legal Team Can Help With Proving Liability for a Lane Splitting Accident Case
The Law Offices of Wolf & Pravato has handled thousands of personal injury law cases in Florida. Our personal injury law firm can:
- Investigate the accident
- Gather evidence
- Deal with the insurance companies for you
- Support your efforts to pursue compensation
- Represent you in court if necessary
Contact Us Today for a Free Initial Consultation
If you’ve been in a lane splitting accident—whether you were on the bike or in a car—the Law Offices of Wolf & Pravato is here to help. We’ll walk you through your legal options, explain your rights, and pursue the compensation you need to move forward. Call (954) 633-8270 today for a free case review.
