Passengers may be Accountable for Injury Claims in Drink Drive Cases
The Supreme Court has warned people who choose to travel as a passenger in a vehicle driven by someone who they are aware, or are reasonably aware has consumed alcohol, that they could themselves be partially liable to for any injuries that occur should an accident take place.
Mr Justice Nicholas Kearns said that any tolerance towards intoxicated drivers and their passengers 'is very much a thing of the past.'
The judge said that if a passenger had realised or should have realised the risks being undertaken by travelling with a drunk driver, the greater degree of contributory negligence they should take. However, Mr Justice Kearns did say that cases of contributory negligence should be approached objectively and be taken on the individual circumstances of each accident and car insurance [http://www.quinn-direct.com/car-insurance/young_driver.html]cover.
The understanding of the role alcohol has in road accidents changed dramatically over the last 40 years, largely thanks to the work of anti-drink-driving societies and campaigns and the continued rise in the number of deaths on the roads.
Mr Justice Kearns gave the Supreme Court judgement when upholding a High Court finding that a young business student, Cynthia Hussey, was found to be 40 per cent liable for injuries sustained in a 1999 accident whilst travelling as a passenger in a vehicle driven by a friend's boyfriend who had been drinking. Because of this, the High Court had reduced Ms Hussey's award of €83,000 by 40 per cent, leaving her with damages worth €50,000.
Despite an appeal from Ms Hussey, the three-judge court dismissed it, with Mr Justice Kearns saying the award was still 'generous' in light of the ample evidence presented to them.
Ms Hussey had originally sued the Motor Insurers Bureau of Ireland for back injuries she had allegedly received during the smash and the owner of the car, her friend and her friend's then boyfriend, the driver of the car the night of the accident.
The Motor Insurers Bureau of Ireland was joined to the case due to the driver not being insured to drive the car. The defendants admitted liability but alleged contributory negligence by Ms Hussey for allowing herself to become a passenger in a car she knew or should have known was being driven by an intoxicated person, as she had be drinking that night with the driver.
Mr Justice Nicholas Kearns said that any tolerance towards intoxicated drivers and their passengers 'is very much a thing of the past.'
The judge said that if a passenger had realised or should have realised the risks being undertaken by travelling with a drunk driver, the greater degree of contributory negligence they should take. However, Mr Justice Kearns did say that cases of contributory negligence should be approached objectively and be taken on the individual circumstances of each accident and car insurance [http://www.quinn-direct.com/car-insurance/young_driver.html]cover.
The understanding of the role alcohol has in road accidents changed dramatically over the last 40 years, largely thanks to the work of anti-drink-driving societies and campaigns and the continued rise in the number of deaths on the roads.
Mr Justice Kearns gave the Supreme Court judgement when upholding a High Court finding that a young business student, Cynthia Hussey, was found to be 40 per cent liable for injuries sustained in a 1999 accident whilst travelling as a passenger in a vehicle driven by a friend's boyfriend who had been drinking. Because of this, the High Court had reduced Ms Hussey's award of €83,000 by 40 per cent, leaving her with damages worth €50,000.
Despite an appeal from Ms Hussey, the three-judge court dismissed it, with Mr Justice Kearns saying the award was still 'generous' in light of the ample evidence presented to them.
Ms Hussey had originally sued the Motor Insurers Bureau of Ireland for back injuries she had allegedly received during the smash and the owner of the car, her friend and her friend's then boyfriend, the driver of the car the night of the accident.
The Motor Insurers Bureau of Ireland was joined to the case due to the driver not being insured to drive the car. The defendants admitted liability but alleged contributory negligence by Ms Hussey for allowing herself to become a passenger in a car she knew or should have known was being driven by an intoxicated person, as she had be drinking that night with the driver.
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