Many people assume that if they are injured in a car accident caused by another party’s negligence they automatically have the right to recover compensation for their damages. However, assumption of risk can limit or prohibit an injury victim from recovering damages.
If a defendant raises assumption of risk as a defense to your claim, your case can become much more challenging. You need an experienced car accident attorney in Denver to protect your rights and help you recover the damages you are entitled to.
Understanding Assumption of Risk in Colorado
Assumption of risk is a legal defense that can shift the responsibility for damages from a defendant to the injury victim in a personal injury case. Most personal injury cases are based on negligence. To be successful in a negligence claim you must prove four elements:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty caused your accident.
- You suffered damages.
Assumption of risk changes the duty of care owed by a defendant, making it much more difficult to hold them liable for damages.
With the legal doctrine of assumption of risk, an injured person may be barred from holding another party liable for their injuries because they assumed the risk involved in the incident that caused their injuries. It means they knowingly placed themselves at risk.
Two Types of Assumption of Risk
Insurance companies and defense attorneys will work hard to find a way to shift liability from their client to you. One of the ways they may try to avoid liability is by raising the defense of assumption of risk.
Assumption of risk can be raised as a defense in two ways:
- Express assumption of risk. This defense can be raised if the injured person expressly acknowledged the risk they were about to undertake by signing a written agreement or liability waiver.
- Implied assumption of risk. When a person did not sign a liability waiver but knew the risk involved and willingly exposed themselves to that risk, implied assumption of risk may apply.
When a defendant raises assumption of risk, they must either show you expressly assumed responsibility for the risk involved or you did so implicitly by knowing the risk and going forward anyway.
Examples of Assumption of Risk
Express assumption of risk might apply in car accident claims if you were driving in a car race or some other type of event. However, implied assumption of risk is much more commonly raised as a defense in car accident claims.
An example of when implied assumption of risk applies could be if you chose to ride with someone you knew to be intoxicated. The defendant may argue that you knowingly assumed the risk associated with being a passenger in a vehicle with a drunk driver.
Another example of when implied assumption of risk could apply is if you drove around a barricade or a sign stating that a road was closed.
If the assumption of risk defense is successful, it can mean that you recover nothing for your damages.
Contact Dan Caplis Law Today
If you have been injured in a car accident and the insurance company claims assumption of risk, you need the assistance of an experienced Colorado car accident lawyer to protect your rights and help you recover the compensation you are entitled to.
The car accident attorneys at Dan Caplis Law have the experience, skills, and resources to help you obtain maximum compensation for your claim. Call (303) 770-5551 or visit our contact page and schedule a free consultation to discuss your car accident claim.