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Defense attorneys can make several claims to dispute their clients’ fault or responsibility 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 AND that the accident was the direct cause of the injuries to the victim. A lack of causation defense claims that no such link between the defendant’s actions and the accident exist and in some cases, even if the accident was the fault of that other party, they often claim it was not serious enough to cause the injuries claimed by the victim.
  • Comparative 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.

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 increases your chances of obtaining compensation for your losses.

Determine who is at fault for your injuries with the help of a skilled Daytona Beach motorcycle accident lawyer! Call (386) 333-6613 for a free case evaluation.