What Is Assumption of Risk in a Car Accident Claim?

Assumption of risk can harm your car accident claim before it even begins, even when the other driver was clearly at fault. The roads present countless hazards every day—aggressive drivers, poor weather conditions, construction zones—and how you respond to these dangers matters more than you might think. Your actions before and during an accident can become ammunition for insurance companies looking to avoid paying what you deserve. 

The Legal Definition of Assumption of Risk

When you voluntarily engage in an activity despite knowing potential dangers exist, you may be assuming the risk of injury. Two elements must exist for this defense to apply:

• First, you must have genuine awareness of a specific hazard—not just a general understanding that driving carries risks, but knowledge of a particular danger. 
• Second, you must freely choose to proceed despite recognizing that harm could happen as a result.

After a collision, insurance companies and defense attorneys will scrutinize your actions to prove these elements existed. If they are successful, your compensation could be reduced or even eliminated, despite the severity of your injuries. Reach out to our car accident lawyers in St. George if you are worried about your claim.

Express versus Implied Assumption of Risk

There are two main types of assumption of risk: express and implied. Express assumption of risk involves explicitly agreeing to face known dangers, typically through written waivers or verbal agreements. You might encounter these agreements when participating in racing events or signing rental agreements for recreational vehicles. These documents outline specific risks and state that you won’t seek damages if those risks materialize.

Implied assumption of risk proves more complex because it depends on your behavior rather than signed documents. Courts examine whether your actions demonstrate acceptance of danger. If you choose to ride with a visibly intoxicated driver or continue driving during a severe storm when authorities advise staying off roads, your conduct might suggest you accepted the associated risks.

How Could This Defense Affect Your Car Accident Claim?

Several scenarios could trigger assumption of risk arguments in your car accident case. If you knowingly enter a vehicle with a drunk driver, insurance companies may argue you assumed the risk of an accident. Similarly, participating in street racing, ignoring road closure signs, or driving through areas marked as dangerous due to weather or construction could support this defense.

The consequences of this defense can be severe. Complete assumption of risk might bar any recovery, leaving you responsible for all medical bills, lost wages, and other damages. If you are found partially at fault, your compensation will be reduced according to Utah’s modified comparative negligence system. Your award will be reduced by your percentage of fault, as long as it is less than 50%; if you are 50% or more responsible, you will not receive any compensation.

Protect Your Right to Compensation with a Utah Car Accident Lawyer

When an insurance company claims assumption of risk, your entire claim could be in jeopardy. You need an advocate on your side who can protect you against these defenses and prove your right to fair compensation. 

An attorney can counter these tactics by demonstrating that you never truly understood the specific danger or had no real choice but to proceed. Your lawyer will gather evidence showing the other driver’s negligence overshadowed any risks you might have accepted. To protect your rights, schedule a free legal consultation with a personal injury attorney in St. George immediately and start building your case.