If you’ve been in a car accident and someone mentioned “assumption of risk,” you might be wondering whether that phrase means you’ve already lost your right to compensation. It’s a term that sounds more absolute than it actually is, and in most Missouri car accident cases, it has far less relevance than insurance companies would like you to believe.
Contact our lawyers to discuss your legal options and whether assumption of risk may affect your car accident your St. Louis car accident claim. Schedule your free consultation.
What Does Assumption of Risk Actually Mean?
Assumption of risk is a legal doctrine that applies when someone knowingly and voluntarily accepts a specific danger before engaging in an activity. The classic examples tend to involve recreational situations, like a spectator at a baseball game who gets hit by a foul ball, or someone who climbs onto an ATV knowing it’s an inherently risky vehicle.
In those contexts, there’s an argument that the person understood a particular risk existed and chose to go through with the behavior anyway.
However, accepting one known risk doesn’t mean accepting every possible way that someone else’s negligence could injure you. A baseball fan assumes the risk of a ball coming at them, but probably not the risk of a stadium employee knocking them down the stairs.
Does Assumption of Risk Apply to Missouri Car Accident Cases?
In the context of an ordinary traffic collision, assumption of risk rarely comes into play. Missouri car accident claims are evaluated primarily based on a negligence standard and using comparative fault laws. It’s not usually relevant that a person technically assumes the risk of being involved in a car accident when they get in their vehicle and travel on the road.
When a defendant wants to reduce or eliminate their liability in a Missouri car accident case, they’re far more likely to argue that the injured person was also at fault.
Common arguments include claims that you were speeding, that you failed to follow all traffic laws, or that you didn’t maintain a safe following distance. Missouri follows a pure comparative fault system. What that means is that even if you were partially responsible for the accident, your right to recover compensation isn’t automatically eliminated; it’s reduced in proportion to your share of fault.
Situations Where Assumption of Risk Could Actually Come Up
There are vehicle-related scenarios where assumption of risk becomes a more legitimate consideration, though they look quite different from a routine traffic crash. For example:
- A passenger who gets into a car knowing the driver has been drinking and is visibly impaired has a harder time arguing they had no awareness of the risk (though this doesn’t necessarily eliminate a claim entirely)
- Someone who agrees to participate in an informal drag race on a public road and is injured during that race faces a much more complicated claim
- A spectator who positions themselves in a clearly marked restricted area at a motorsport event where there are warnings about the dangers has arguably accepted some degree of the specific risk those warnings described
Even in these situations, the fact that risks were clearer doesn’t mean you have no case.
Talk to a Missouri Personal Injury Lawyer
If you’ve been injured in a Missouri car accident and someone is suggesting you assumed the risk or share the blame, contact our office at Meyerkord & Kurth today for a free consultation.
The sooner an attorney gets involved, the better the opportunity to investigate the accident, preserve evidence, and make sure the full story gets told.