Being a passenger in a vehicle that is being driven by a person who has been drinking does not mean that you can’t make a claim for personal injury if the trip ends in an accident.
In general, as a passenger in any vehicle which has been involved in an accident, you are an “innocent party” in the accident in that you were not driving either vehicle and therefore cannot be held in any way responsible for the accident. Unless you did something daft like pull on the handbrake or purposefully make the driver have an accident.
However, in circumstances where you have got into a vehicle, knowing the driver of the vehicle is under the influence of alcohol, you can be held contributory negligent (partly responsible) for any injuries you sustained as a result. It is seen that you have knowingly put yourself at risk and therefore should be in some way responsible for the injuries which have been sustained.
In terms of a personal injury claim, this does not mean that your claim will not be successful but that the compensation you would be awarded for both your injuries and any other losses will be reduced by a percentage which will be agreed between the parties.
The average percentage of contributory negligence which would be held against the passenger in these circumstances would probably be around 25%. This means that once your claim has been valued, the amount you receive will only be 75% of what your whole claim is worth.
For example, if the injuries you sustained as a result of the accident are worth £1500.00 and you had lost earnings in the amount of £500.00, the total amount of your claim would be £2000.00. So, if you were held contributory negligent for 25%, the total amount of compensation you would receive is £1500.00.
Some accidents involving drunk drivers can be serious and therefore cause quite serious injuries to the passengers involved, therefore even if you did know the driver had been drinking, you are entitled to make a claim for the injuries you have suffered.
However, if you were not aware that the driver was drinking, then you cannot be held contributory negligent for your injuries and therefore should receive 100% of the compensation which is due to you.
Please be aware, although you may honestly not have known the driver was under the influence of alcohol, it can be pretty difficult to prove this to the Defendants. However, do not let this put you off.
We are experts in the area of personal injury and therefore have settled many cases involving drunk drivers and passengers. We will always fight to get you the highest amount, and we know the right tricks and tactics to use to make sure you don’t suffer too much of a deduction for the claim.
Our team will be able to provide you with tailored advice to your specific circumstances and needs. Call our Free Claims Line on 0800 634 75 75.
