New court ruling provides insight into liability in drink driving accidents
Posted on 18th November 2021
How does liability work in drunk driving claims? Contact our no win no fee solicitors today.
Monday 15th November was a landmark day in the world of drink driving cases and drink financial compensation. First, it marked the simultaneous beginning of Alcohol Awareness Week and Road Safety Week in the UK, a week dedicated to raising awareness of the risks of drink driving, and the devastating effects that it can have on people’s lives.
However, on this date also came the published ruling on a court appeal made by Lyum Campbell, who suffered catastrophic injuries when he was involved in a road traffic accident as a passenger in the car with a drunk driver.
How did the drink driving accident happen?
After becoming too drunk on a night out with his two brothers, Dean and Aaron, Lyum Campbell was put in the passenger seat of the bothers’ car, while they returned to the club and continued to enjoy their night. However, when it came to leaving, the other two brothers realised that they needed jump leads to start the car, which Aaron went back in to try and find. When he came back outside, the car was gone, and it became apparent that Dean had managed to start the car and drove off, with Lyum also in the car.
Once on the roads, Dean swerved the vehicle into the wrong side of the road, and collided with a lorry. He lost his life in the accident, and Lyum suffered from life-changing catastrophic injuries. But, the question remained as to whether Lyum was a knowing passenger in the vehicle with his intoxicated brother, or whether he was too drunk to be aware of the situation.
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Are passengers liable in drink driving accidents?
The short answer to this question is yes. If a passenger knowingly gets into a car with a drink driver, then they can be found to be partially liable for any injuries suffered as a result of the drunk driving, in what is known as contributory negligence for making the decision to get into the car.
This is what the court decided in Lyum’s case, and he was said to have contributed to his injuries by 20%. This was regardless of the fact that Lyum was drunk at the time of the road traffic accident, as the excuse if being voluntarily intoxicated is generally disregarded in cases of contributory negligence.
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How does contributory negligence work in road traffic accidents?
Road traffic accidents can be complex incidents, and often more than one person can share the blame for what happened. If this is the case, and you're looking to make a personal injury claim for your injuries, your claim would most likely be settled on what is known as a “split liability” or “contributory negligence” basis. This means that the total value of your injuries and losses would be assessed just as with any claim, and then a percentage would be deducted to account for your designated share of blame or fault in the road traffic accident.
For all road traffic accident claims, compensation starts at 100%, and subject to the parties to a road traffic accident agreeing to liability, then damages for personal injury would reflect this. So, for example, if you are injured in a road traffic accident and your damage were calculated at £20,000, but you were 25% at fault for the accident, then you would be awarded £15,000.
However, when it comes to road traffic accidents, most split liability or contributory negligence cases are open to negotiation. This means that whilst it might not always be possible to obtain a full non-fault outcome for your claim, MG Legal are highly experienced in obtaining the best possible settlement and minimising any contributory negligence and we will do our best to ensure you receive the maximum possible award for your injuries.
Contact our no win no fee road traffic accident solicitors:
If you have been injured in a road traffic accident, and are unsure whether you are partly to blame for the accident, you could still be eligible to claim financial compensation from our no win no fee road traffic accident solicitors. Simply contact us online today here for a free no obligation consultation with a specialist solicitor.
Our team of road traffic accident solicitors have over 30 years of experience in settling road traffic accident claims just like yours, and have a success rate of over 99%. To learn more about our work on road traffic accident claims, see our full page dedicated to this here.
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