Motorcycle Accidents and
Rights for Motorcycle Operators
Motorcycle accidents
present unique challenges for an attorney. The first is a
tendency by some people to believe that many, if not all,
motorcycle drivers drive carelessly or recklessly. We
understand the real issue is what happened in your
accident.
Florida law provides for several duties
of other motorists toward motorcycle operators. It also
provides several rights for motorcycle operators. We have
used these laws and our experience in successfully
representing people injured while operating motorcycles. To
discuss your case or to learn more about the cases we have
handled and the specific results we achieved please contact
us.
Some of the specific Florida laws we have
used successfully are listed below.
Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
316.208 Motorcycles and mopeds.--
(1) Any person operating a motorcycle or moped shall be
granted all of the rights and shall be subject to all of the
duties applicable to the driver of any other vehicle under
this chapter, except as to special regulations in this
chapter and except as to those provisions of this chapter
which by their nature can have no application.
(2)(a) Any person operating a moped upon a roadway at less
than the normal speed of traffic at the time and place and
under the conditions then existing shall ride as close as
practicable to the right-hand curb or edge of the roadway
except under any of the following situations:
1. When overtaking or passing another vehicle proceeding in
the same direction.
2. When preparing for a left turn at an intersection or into
a private road or driveway.
3. When reasonably necessary to avoid any condition,
including, but not limited to, a fixed or moving object,
parked or moving vehicle, bicycle, pedestrian, animal,
surface hazard, or substandard-width lane, that makes it
unsafe to continue along the right-hand curb or edge. For
purposes of this paragraph, a "substandard-width lane" is a
lane that is too narrow for a moped and another vehicle to
travel safely side by side within the lane.
(b) Any person operating a moped upon a one-way highway with
two or more marked traffic lanes may ride as near the
left-hand curb or edge of such roadway as practicable.
(3) A person propelling a moped solely by human power upon
and along a sidewalk, or across a roadway upon and along a
crosswalk, has all the rights and duties applicable to a
pedestrian under the same circumstances, except that such
person shall yield the right-of-way to any pedestrian and
shall give an audible signal before overtaking and passing a
pedestrian.
(4) No person shall propel a moped upon and along a sidewalk
while the motor is operating.
(5) 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. 8, ch.
87-161; s. 163, ch. 99-248.
Note.--Former s. 316.127
Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
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.
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