Common Defenses in Daytona Beach Motorcycle Accident Cases

There are several common defenses that are raised by defense attorneys in Florida motorcycle accident cases in an attempt to minimize liability, or avoid it altogether. The most common defenses raised in motorcycle accident cases are lack of causation, contributory negligence, and assumption of risk, each of which is discussed briefly below.

Lack of Causation: In order to prove causation in Florida motorcycle accident cases, you must demonstrate that the defendant’s conduct was the cause of your injuries. To satisfy this requirement, you do not have to show that the defendant was the only responsible party, but only that there is a connection between the defendant’s conduct and the injury such that the injury would not have occurred without the defendant’s actions. This means that if it were not for the defendant’s act, the injuries would not have occurred. If there is no causal connection, the defendant will not be held responsible for your injuries.
Contributory Negligence: Defense attorneys attempt to prove that you were contributorily negligent in causing your own injuries. In Florida, if you were at fault for causing your own injuries, then your recovery will be reduced by the percentage of fault assigned to you. This means that if the defense proves that you are 40% at fault in causing the accident, the other responsible parties will only have to pay 60% of your total damages. The experienced Florida motorcycle accident attorneys at Vasilaros & Politis, P.A., will work diligently to minimize your contributory negligence and get you the best possible settlement in your case.
Assumption of Risk: If you engage in inherently risky or dangerous activities and suffer injury as a result, you may be deemed to have “assumed the risk” of injury associated with that activity. For example, if you drive a motorcycle at night with an inoperable headlight, you may be deemed to have assumed the risk of a collision.

The experienced Daytona Beach motorcycle accident attorneys at Vasilaros & Politis, P.A., will thoroughly investigate your motorcycle accident in order to refute these common defenses and get you the maximum compensation possible in your case. Call 1-800-351-0911 today for a free initial consultation about your Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident case.

Automobile insurance companies will often attempt to settle out of court quickly while victims are still suffering from the trauma of a Florida motorcycle accident. Vasilaros & Politis, P.A., is experienced with the complex issues involved in Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident cases and can assist you in receiving full compensation for your injuries. Call the Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident lawyers at Vasilaros & Politis, P.A. now at 1-800-351-0911 or fill out our FREE CASE REVIEW FORM. The initial consultation is free of charge, and if our Daytona Beach motorcycle accident attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast or Port Orange motorcycle accident lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.