What Is Assumption of Risk in a Car Accident Claim?
After a collision, you may expect the at-fault driver’s insurance company to accept responsibility and offer fair compensation. Instead, you might find yourself facing an unexpected legal argument: that you somehow accepted the danger that led to your injuries. This defense, known as assumption of risk, can complicate even the most straightforward car accident claims in New Haven, Connecticut.
Understanding the Assumption of Risk Doctrine
Assumption of risk is a legal defense that allows a defendant to argue that you should not recover damages because you knowingly accepted the dangers tied to a particular activity. In Connecticut, this doctrine has long been used in personal injury cases to shift responsibility back onto the injured party.
To succeed with this defense, the other side must show that you had actual awareness of the hazard, fully understood what could go wrong, and chose to proceed anyway. It is not enough for a defendant to claim you should have known something was dangerous; the standard requires genuine, informed acceptance of the risk.
Express versus Implied Assumption of Risk
The assumption of risk defense generally takes two forms:
- Express assumption of risk happens when you sign a written agreement or verbally acknowledge a hazard before participating in an activity.
- Implied assumption of risk is inferred from your conduct. If you climb into a vehicle knowing the driver has been drinking, for example, a defendant might argue your actions demonstrated acceptance of the obvious danger.
An implied assumption is more common in car accident cases. Drivers and passengers rarely sign documents before getting on the road, but it is also harder for a defendant to prove.
How Assumption of Risk Can Affect Your Compensation
If this defense succeeds, your compensation may be reduced according to Connecticut’s modified comparative negligence statute. Under this rule, you cannot recover compensation if you are 51% or more at fault for an accident. If your share of fault falls below this threshold, the court will reduce your compensation by the corresponding percentage.
Suppose you accepted a ride home from a friend who had been drinking at a party, and that friend later caused a crash that left you with $100,000 in damages. The defense argues you assumed the risk by knowingly getting into the car with an impaired driver, and the jury assigns you 30% of the fault. Your recovery would be reduced by that 30%, leaving you with $70,000.
Overcoming an Assumption of Risk Argument
Assumption of risk has clear limits, especially in car accident claims. You did not assume the risk of another driver running a red light, texting behind the wheel, or driving recklessly. Ordinary road use does not equal consent to someone else’s negligence.
An attorney can systematically dismantle this defense by gathering the police report, traffic camera footage, dashcam recordings, and other evidence that shows exactly what the other driver did wrong. They will depose witnesses and, when needed, retain accident reconstruction experts to establish how the crash actually occurred.
Talk to a Connecticut Car Accident Attorney About Your Claim
When another driver’s careless choices cause your injuries, you should not have to accept the blame for simply being there. The attorneys at Lynch, Traub, Keefe & Errante know how to dismantle assumption of risk arguments and hold negligent drivers accountable. Contact us today to discuss your case with a Connecticut car accident attorney.