Who’s to Blame

Ormond Beach Motorcycle Accident Lawyers

Experienced Motorcycle Accident Representation in Central Florida

Determining who is responsible for causing an accident is one of the most important steps in pursuing compensation for a victim’s losses. Unfortunately, proving fault can also be one of the most difficult aspects of a personal injury case, and can involve lengthy investigations and accident recreation by experts.

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At Politis & Matovina, Attorneys at Law, we are well versed in the accident investigation process. With nearly 40 years of combined personal injury experience, our Ormond Beach motorcycle attorneys have the insight needed to help victims understand the crash investigation process, and their options for pursuing compensation for losses sustained in an accident caused by another driver.

Finding Fault – More Difficult Than Many Believe

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Under personal injury laws, victims must be able to prove negligence by another party to recover compensation for their injuries. While some cases are very obvious in whose actions caused the accident, others are not as clear. These cases can become drawn out battles between the victim and the insurance company’s lawyers.

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Our staff has worked countless cases in which causation was under question, and has successfully recovered compensation for our clients under even the most challenging circumstances. While responsibility is sometimes difficult to place, some factors can help prove negligence of another party, including:

  • Excessive speed
  • Impaired driving
  • Cell phone use or other distractions that lead to inattentive driving
  • Running a red light
  • Misjudging distance between cars
  • Rear-ending stopped vehicles
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Unfortunately, in cases where fault is in question, insurance companies turn to their defense attorneys in an effort to avoid a payout. Defense attorneys can make several claims to dispute their clients’ fault in the accident, including:

  • Lack of causation: In a successful personal injury case, the plaintiff must demonstrate that the defendant’s actions led to the accident. A lack of causation defense claims that no such link between the defendant’s actions and the accident exist.
  • Contributory negligence: Defense attorneys attempt to claim that the victim was partially at fault for the accident and thus carries some blame for their injuries. Should the defense be successful in proving the victim partially at fault, the defense would not be responsible for that percentage of damages.
  • Assumption of risk: Motorcycle riders assume certain risks every time they take to the road. Defense attorneys exploit these risks, attempting to deem the plaintiff as acceptable of the risks of riding, thus partially responsible for some of the accident. For example, riders who operate motorcycles at night without a headlight may be deemed to have assumed the risk of a collision.
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A successful personal injury case hinges on proving fault or negligence. Hiring an attorney as soon as you have been injured increases your chances of finding the evidence needed to prove fault, dramatically increasing your chances of obtaining compensation for your losses.

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Contact our office online or call 386-767-0911 to schedule a free consultation to discuss your specific personal injury concerns and learn more.

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