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When is a Motorcyclist at Fault for an Accident?

Trusted Content
Legally reviewed by:
Erik Abrahamson
July 17, 2019
July 17, 2019 | Motorcycle Accidents

Motorcycle accidents can result in serious injuries. Motorcycles offer little protection to the rider. While wearing protective gear and helmets can help prevent some injuries, motorcyclists are still vulnerable. The majority of accidents between a motor vehicle and a motorcycle are the fault of the motor vehicle driver. However, there are some instances where the negligent behavior of a motorcyclist can contribute to an accident.

Lane Splitting

Lane splitting is illegal in Florida, and yet some motorcyclists continue to do it. A motorcyclist lane splits when they ride in between lanes and vehicles in order to travel faster in traffic. This behavior is extremely dangerous and can result in a serious accident due to the close proximity between the motorcycle and the other vehicles.

Drunk Driving

Just like the drivers of cars, motorcycle riders who are operating a bike while intoxicated are breaking the law. Drunk driving is especially hazardous for motorcycle riders as it can lead to a loss of balance and result in a motorcycle flipping over. Even for an experienced rider, maintaining balance after a few drinks can be difficult.


The power of a motorcycle can make it tempting for a rider to speed. Speeding on a motorcycle is very dangerous and can lead to more serious injuries. In addition, speeding greatly increases a motorcycle rider’s potential liability for an accident.

Distracted Riding

Texting while driving is not limited to motor vehicle drivers. Texting while riding a motorcycle unfortunately also occurs. Riders who text are taking their visual and cognitive focus off the road. The lack of attention means motorcyclists are essentially riding blind while they’re looking at their phones.


 A motorcycle rider who does not know how to control their vehicle properly or how to avoid an accident can be a serious liability on the road. This is especially true if the rider is unlicensed.

Contact an Experienced Motorcycle Accident Attorney

If you’ve been injured in a motorcycle accident, your own negligence may not bar you from recovering for your injuries entirely. You may want to have an experienced motorcycle accident attorney in Florida evaluate your case. At Abrahamson & Uiterwyk, we have over 30 years of experience handling motorcycle accident cases. Contact us online or call us at 800-538-4878 to set up your free consultation today.

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