If I Hit a Motorcyclist Who is Lane-Splitting, Who is At Fault?
On Behalf of Rosenthal, Levy, Simon & Sosa | February 14, 2024 | Motorcycle Accidents
You have probably seen it hundreds of times: in a rush to get somewhere, a motorcyclist rides between lanes to bypass traffic. It is a dangerous practice, and in the state of Florida, it is illegal. When a motorcyclist rides between lanes, it places them closer to other vehicles and at a greater risk of being hit.
If you hit a motorcyclist who is lane-splitting, you may be wondering how the insurance process will work. Our West Palm Beach car accident lawyers would like to discuss Florida insurance coverage and how an insurance claim with a negligent motorcyclist would be handled.
Florida is a “No-Fault” State
States are considered either “at-fault” or “no-fault” states. In an “at-fault” state, insurance adjusters for both motorists will review the details of a claim to determine which driver caused the accident. If the other driver is found liable, his or her insurer will pay for your medical bills and vehicle damage.
In a “no-fault” state, drivers will make claims through their respective insurers, no matter who caused the accident. If you suffer a serious injury, then you have the option to exit the no-fault system and file a lawsuit against the other driver.
Florida Insurance Coverage
Since Florida is a “no-fault” state, drivers are required to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL). To register your vehicle with the Department of Highway Safety and Motor Vehicles, you must show proof of PIP and PDL insurance.
Florida motorists are required to carry minimum insurance coverage of:
- $10,000 in PIP per person;
- $20,000 in PIP per accident; and
- $10,000 in PDL.
However, if you are providing taxi services, then you are required to have minimum insurance coverage of:
- $125,000 in PIP per person;
- $250,000 in PIP per accident; and
- $50,000 in PDL.
Regardless of fault, PIP generally covers 80% of reasonable medical bills and will reimburse you for 60% in lost wages or up to $10,000. In “no-fault” states, you would make any bodily injury claims through your PIP insurance first.
Comparative Negligence
Florida practices comparative negligence, meaning that the amount of compensation you will receive through insurance will be reduced by your degree of fault. According to Florida Statute §768.81, as long as you are found less than 50% at fault for an accident, you can still recover damages.
If a motorcyclist is lane-splitting, you could still be found partly liable for the crash. Even though the motorcyclist was not abiding by the law, an investigation may determine that you could have avoided the collision. However, since the motorcyclist did not follow traffic regulations, the motorcyclist’s liability is most likely higher than your own.
Contact a West Palm Beach Motorcycle Accident Lawyer Today
All motorists must follow the rules of the road. If you have suffered injuries due to a motorcyclist lane-splitting, you should speak with a West Palm Beach motorcycle accident lawyer today. Contact us online or by calling 866-640-7117 to schedule your free consultation.
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