When drunken pedestrians become involved in accidents they are usually subject to contributory negligence. This is when evidence, such as them running out in front of a moving vehicle, shows that they have contributed to the accident. The court will need to look at all aspects of the accident in detail when deciding what percentage of negligence both the driver and the pedestrian showed. They will do this by looking at a number of facts and how the intoxication of the pedestrian contributed to any injuries.
An example given in the Guide to RTA Liability outlines what aspects a court would look at when deciding who showed the most negligence.
Lying in the road in a drunken stupor is not a good idea for pedestrians. So in Green v Bannister the Court of Appeal heard that the defendant had been reversing her car at night from a parking space outside her home in a cul-de-sac. She had been looking over her right shoulder in order to avoid hitting any parked cars. The defendant continued for around 35 yards when, as she manoeuvred past shrubbery, she reversed over the claimant who was lying in the road in a drunken stupor. The trial judge apportioned liability 60%/40% against the claimant stating that he was more to blame than the defendant driver. The Court of Appeal upheld the first instance decision stating that:
Once the driver had been held negligent, the conclusion that the claimant was the more blameworthy of the two and was 60% contributory negligent had by no means been unfair to the driver.
If you are a pedestrian or a driver and have been involved in a road traffic accident in any of the circumstances identified above, then you may be entitled to make an injury compensation claim. It is circumstances like those above when both parties involved may need legal advice before pursuing a claim. Here at the Injury Lawyers we offer free legal advice to anyone looking to pursue a claim. For more information contact us today.