If you aren’t familiar with the dangers of lane diving, motorcyclist and artist Cynthia Fleischmann, who lost her leg in a lane diving accident in 2015, can tell you all about it. Since that time, both Fleischmann and a friend who was riding along side her and also suffered injuries when the accident occurred have filed lawsuits against the Florida Department of Transportation (FDOT) and DBI services, according to an article published by the Miami New Times.
Lane Diving to Blame for Accident that Leads to Loss of Leg
Fleischmann’s accident occurred when a vehicle moved into the express lane on the I-95, doing so by “jumping” or “diving” through a gap in the orange towers that are supposed to indicate that vehicles aren’t allowed to pass. Fleischmann’s lawsuit against the FDOT and DBi services (the company responsible for maintaining the lanes) alleges that the accident would have never occurred but for broken and missing poles along the express lane that allow drivers to dangerously lane dive.
According to the same article cited above, Fleischmann and her friend are not the only motorcyclists or drivers to complain about the lanes, which have been highly criticized for being cut off from the highway using only plastic barriers, allowing drivers to easily, and illegally, pass. This, according to safety experts, encourages drivers to lane dive, which is characterized by illegally passing or driving through the pylons. The lanes also fail to be accompanied by proper shoulders. What’s more, the lanes supposedly do not eliminate traffic, defeating the purpose of having them.
The Dangers of Lane Diving
The express lanes are so dangerous that in the past three years, and in Miami-Dade County alone, there have been more than 12,000 accidents reported. The dangers mostly stem from lane diving, as when a car illegally passes the indicated barrier, drivers of vehicles already in the express lane typically have no idea that the car is about to enter. This can lead to confusion, swerving, a gut reaction to slam on the brakes, and ultimately, an accident.
Your Right to Compensation after a Lane Diving Accident in Miami
When a lane diving accident such as the one that resulted in the loss of Fleischmann’s leg occurs, those who suffer injuries and damages deserve to be compensated. While the driver who caused the accident by diving through the lane illegally is certainly partially to blame, it is important to remember that other agencies–such as the Department of Transportation–may also be partially liable as a result of their failure to properly maintain the lane separators.
At the law offices of Dolan Dobrinsky Rosenblum, LLP, our experienced Florida personal injury attorneys offer our deepest condolences to those who have been involved in lane diving (and other) traffic accidents in Miami-Dade County and surrounding areas. We also want you to know that if you are involved in a car accident caused by another party’s negligence, our lawyers are here to build your case and advocate for you. You can request a free consultation by calling our law offices today.