Assumption of risk is an argument that can be raised by the responsible party in a car accident to fight your insurance claim, and our car accident lawyers often see assumption of risk come into play after drunk-driving (DUI) accidents.
Getting in the Car with an Obvious Drunk Driver
For example, suppose you were to get into a car that is being driven by a drunk driver knowing that the driver is intoxicated. If it can be proven that you saw the driver consuming too much alcohol or that the driver was obviously intoxicated (red eyes, smell of alcohol on breath or slurred speech). Even if the car accident was largely the fault of another party, by assuming the risk, you might be partially or completely prevented from recovering money for any personal injury resulting from the drunk-driving car accident.
This is another reason to hire an car accident lawyer immediately, especially before an insurance company — even your own — takes your recorded statement or conducts other car accident investigations with your assistance. You may think that by assisting your insurance company you are helping your case. Usually this is completely wrong. Remember, insurance companies are out to score a profit. Car accident settlements are an expense to insurance companies — not income — and insurance companies will do everything they can to legally pay you as little as possible.
Don’t Rush Into a Settlement after a Drunk-Driving Accident
When drunk-driving car accidents occur, they often result in serious injuries that may change your life forever. Drunk-drivers need to be held accountable for their reckless actions, and a good car accident lawyer can make that happen as well as professionally handle your insurance claim.
Since 1992, our San Diego law offices have been dedicated to representing people who have been injured as a result of a drunk-driving accident. You only get one settlement for car accident injury claims, so don’t fight the insurance company by yourself. Leave that job to us, so you can focus on recovering from your injuries.
If you or a loved one have been injured in a drunken driving accident we urge you to contact our bilingual offices as soon as possible following the accident at 1-858-551-2090 for a FREE consultation with an experienced car accident lawyer or click here to submit your case for a FREE online review. We handle all cases on a contingency fee basis, which means that you do not pay anything until we recover money on your behalf.