What Is Assumption of Risk in a Car Accident Claim?

Assumption of risk is a legal defense sometimes used in car accident claims to argue that an injured person knowingly and voluntarily accepted the dangers that led to their injuries. When successfully applied, this doctrine may reduce or completely bar the compensation an injured party can recover.

This defense is typically limited to extreme or high-risk behavior and does not apply to most everyday car accidents. A Lexington car accident lawyer can evaluate whether assumption of risk is being raised appropriately in your case or improperly used to limit your claim.

Kentucky’s Assumption of Risk Doctrine

The assumption of risk doctrine protects a person from financial liability for the victim’s injuries if the victim knew and assumed the risks of the activity they engaged in at the time of the accident. In these cases, the court will assess the evidence and then determine if it should dismiss a personal injury claim where the plaintiff assumed the risk of injury.

When the Assumption of Risk Doctrine Applies

The assumption of risk doctrine typically applies to accidents arising from activities or events involving known risks and hazards. It does not apply in situations such as failure to wear a seatbelt. However, it may relate to car accidents such as:

• Drag racing
• Impaired driving
• Race track accidents

Outside of car accidents, it could apply to activities like skydiving or cliff jumping. The person engaging in these activities knew of the substantial risk and nevertheless proceeded with the activity. That could limit their ability to seek compensation against another party.

Proving the Assumption of Risk

The defendant in a case like this must demonstrate that the other party assumed the risk. It is up to the defendant to prove the assumption of risk defense if they wish to avoid the legal and financial losses associated with the victim’s injuries. Most often, this means demonstrating that the risk was recognized.

The defendant may claim that there is an implied or expressed assumption of risk. In cases of implied assumption of risk, the defendant must show that the plaintiff should have known because any reasonable person would have understood the risk levels present.

Alternatively, the defendant may prove that an express assumption of risk occurred. This means proving that the plaintiff knew of and understood the risk. This may include, for example, signing a waiver before getting into a race car on a track.

Disproving Assumption of Risk

For the victim, it becomes necessary to show that no assumption of risk is applicable in their case. To do this, you will likely benefit from working with a Lexington personal injury attorney who can clearly define the errors in this claim. The lawyer may help you demonstrate that the waiver you signed was invalid or that there was no way to truly understand the level of risk involved.

It may also be possible to demonstrate that the defendant failed to communicate all risks clearly or express the level of risk present. In these situations, the victim must demonstrate that they did not know of the risk or its level.

The Complexities Benefit from Legal Guidance

Assumption of risk claims are complex and highly fact-specific. Insurance companies frequently raise this defense to reduce payouts, even when it does not legally apply.

Working with an experienced Kentucky personal injury lawyer from Gary C. Johnson P.S.C. ensures that your rights are protected and that defenses like assumption of risk are challenged when used improperly. A thorough legal analysis can make the difference between a denied claim and full compensation.