Is Lane Splitting Legal in Florida? What Motorcycle Riders Should Know

Keith Petrochko • August 25, 2025

The Short Answer


Lane splitting is illegal in Florida. Section 316.209, Florida Statutes, makes clear that motorcycles are entitled to the full use of a lane and prohibits operating a motorcycle “between lanes of traffic or between adjacent lines or rows of vehicles.” Riding side-by-side with another motorcycle is allowed, but splitting between cars is not .



The Law, in Plain English


Full lane entitlement for motorcycles

Every motorcycle has the right to use an entire lane. Cars and trucks cannot legally crowd into a motorcycle’s lane .


No passing in the same lane

A motor vehicle cannot overtake a motorcycle within the same lane. Passing requires a full and safe lane change .


No riding between lanes or rows of vehicles

Motorcyclists may not ride between lanes of cars or between lines of vehicles. This prohibition covers both lane splitting and

lane filtering .


Two-abreast limit for motorcycles

Up to two motorcycles may share a lane side-by-side, but no more .


Penalties for violations

Lane splitting is treated as a moving violation under chapter 318, Florida Statutes. The fines and court costs vary by county, and points may be assessed on a license .


What FHSMV Says


The Florida Highway Safety and Motor Vehicles (FHSMV) has issued clear guidance:

  • “A motorcyclist is entitled to the entire lane.”
  • “Do not attempt to share a lane with a motorcycle.”
  • “Motorcycles should not be operated between lanes of traffic.”


These directives appear in FHSMV’s “Share the Road” campaign and its May 6, 2025 motorcycle safety update .


Lane Splitting vs. Lane Filtering vs. Lane Sharing


  • Lane splitting: riding between two lanes of traffic moving in the same direction.
  • Lane filtering: moving between cars stopped at a red light.
  • Lane sharing: two motorcycles side-by-side in one lane.


Florida law forbids lane splitting and lane filtering, but permits two motorcycles abreast . Riders who move between lanes—even when traffic is stopped—risk a citation and liability exposure.


Fault and Insurance After a Motorcycle Crash


Modified comparative negligence


Florida adopted modified comparative negligence in 2023. Under section 768.81, a rider who is found more than 50 percent at fault cannot recover damages from the other party. If fault is 50 percent or less, damages are reduced proportionally .


How a lane-splitting allegation affects recovery


If an insurance adjuster or defense lawyer can show you were lane splitting, they will argue your conduct was negligent and either bars recovery or drastically reduces it.


Adjuster arguments and responses


Insurers may allege that lane splitting caused or worsened the crash. Effective legal counsel can rebut this with evidence that another driver’s unsafe lane change, distraction, or impairment was the true cause.


Deadlines That Can Bar Your Claim


For negligence claims accruing on or after March 24, 2023, Florida’s statute of limitations is two years. This deadline is strictly enforced under section 95.11, Florida Statutes . Delays in filing can forfeit your rights.


Evidence Checklist That Moves the Needle


To preserve and strengthen your claim:


  • Crash report: Obtain the official Florida Traffic Crash Report (HSMV 90010S) through the FHSMV Crash Portal .
  • Video evidence: Preserve helmet-cam, dashcam, body-cam, or CCTV footage.
  • 911 audio: Request recordings to capture contemporaneous witness statements.
  • Witnesses: Identify drivers and bystanders listed in the crash report.
  • Photographs: Document lane position, skid marks, and vehicle damage.


This evidence can counter insurer claims that lane splitting was the primary cause.


Local Realities in Volusia and Surrounding Counties


Daytona Beach and the surrounding areas host events like Bike Week and Biketoberfest, which draw thousands of riders. Heavy traffic, unfamiliar visitors, and congested intersections increase risks for motorcyclists. Understanding Florida’s strict lane-splitting ban is especially important for riders attending these events.


Why Choose My Affordable Attorney for Motorcycle Claims


  • Flat 25% contingency fee: Lower than the industry standard of 33–40%.
  • Central Florida focus: Serving Daytona Beach, DeLand, Sanford, and beyond.
  • 24/7 availability: Nights, weekends, and emergencies.
  • Bilingual service: English and Spanish support.


We fight to maximize your recovery while minimizing your costs.


If you or a loved one were injured in a motorcycle accident in Central Florida, call My Affordable Attorney today at 866-4-ONLY-25 for a free consultation. Learn more about our Motorcycle Accident Representation here.