Miami Motorcycle Accident Lawyer Justin Ziegler has successfully has had many successful personal injury settlements for motorcycle riders. Florida Statutes state that motorcycles are entitled to the complete use of a lane and a motor vehicle (e.g. car, etc.) must not be driven in a way that does not give a motorcycle the full use of a lane. Obviously, as noted in the statute (law) below, motorcycles are not allowed to pass a automobile without changing lanes as one would do in a car. If this was not the law, it would create havoc on the roads.

Another common sense law which is noted in the statute below is that a motorcyclist must not ride in between lanes. This can sometimes be seen during rush hour traffic where the motorcycle rider attempts to bypass traffic. If this results in an accident, there will be comparative fault on the motorcyclist.

316.209 Operating motorcycles on roadways laned for traffic.–

(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

(4) Motorcycles shall not be operated more than two abreast in a single lane.

(5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.

(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.–s. 1, ch. 71-135; s. 1, ch. 76-31; s. 165, ch. 99-248; s. 1, ch. 2003-92.

Note.–Former s. 316.109.