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Who’s at Fault?

Representation from Politis & Matovina, P.A.

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.

At Politis & Matovina, P.A., we are well versed in the accident investigation process. With over a century of collective personal injury experience, our Daytona Beach motorcycle accident 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.

Since 1993, we’ve won more than $200 million on behalf of our clients. Call us today for a free case evaluation at (386) 333-6613! Multilingual services are available.

Finding Fault – More Difficult Than Many Believe

Our staff has worked countless motorcycle accident 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 the negligence of another party.

Another party may be negligent if these factors were involved:

  • 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 other vehicles

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 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.

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