Although it is never a good idea to get in a vehicle when the driver has been drinking, if you have been injured as a passenger in a vehicle which is being driven by a drunk driver, it does not mean that you cannot make a claim for personal injury. However, getting into a vehicle when you know the driver is drunk or has been drinking, can affect your claim.
The normal guideline is that, as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded. But this changes if you willingly get into the vehicle when you know the driver is drunk.
Contributory negligence for passengers in this situation will almost certainly be claimed by the other side. This is when you have in some way contributed to the injuries sustained in an accident. In this case it means that you have knowingly put yourself at risk from injury by getting into a vehicle with a drunk driver.
In a personal injury claim, the percentage that a passenger would be held liable for their own injuries in these circumstances is on average around 25%, more or less the same for not wearing a seatbelt.
The case of Owens v Brimmell sets out the principles in law for determining whether there should be a deduction of contributory negligence in these sorts of claims.
The Claimant and Defendant were friends who often socialised together and had been out drinking in various pubs and clubs and made their way home in a car being driven by the Defendant. The Claimant was a front seat passenger and was not wearing a seatbelt. The vehicle was involved in a collision due to the Defendant’s negligence and the Claimant suffered severe and permanent injuries. The Claimants damages in this case were reduced by 20% for allowing himself to be driven home when he knew the driver had been drinking.
There are several cases similar to this and they show that the Defendant bears most of the responsibility for injuries caused in an accident. Though you are getting into a vehicle and knowingly putting yourself at risk of injury by getting into a vehicle in this situation, you are still entitled to make a claim for compensation.
The compensation is likely to be reduced but being compensated for the pain, suffering and loss of amenity caused by such an accident, whether it is reduced or not, it worth enquiring about. Injuries can be serious in these types of accidents and therefore can be life changing.
So if you have been injured whether it be minor or serious, call our claims line for professional advice on your circumstances.
Our Claims Line is 0800 634 75 75
