Road Accident compensation award reduced against drunk driver!
A significant Road Accident compensation award was reduced against drunk driver today where the injured party was aware of the consumption of alcohol by the driver .
The Supreme Court has ruled a young man who travelled in a car driven by another man whom he knew had several alcoholic drinks is 35 per cent liable for serious injuries suffered in a subsequent accident, not 15 per cent as found by a judge in the original High Court hearing.
On that basis, the three judge court today reduced to a €1.3 million damages award by High Court Judge Ray Moran to €890,000 arising from the accident in Co Tipperary 10 years ago.
The court dismissed arguments by the car driver’s legal team that the High Court should have dismissed Mr Moran’s entire case against the driver after it found as a fact Mr Moran got into a car with a driver whom he knew had been drinking.
The case arose from an accident on the night of April 23rd/24th 1999 when Mr Moran, Ashbrook Heights, Nenagh, Co Tipperary, was travelling as a front seat passenger in a car driven by Mr Fogarty, Sapwell, Ballingarry, Co Tipperary. Both men were drinking earlier in a bar in Nenagh and they and a woman friend all left the bar at closing time and travelled together in the car driven by Mr Fogarty.
On their homeward journey, the car collided with a wall and Mr Moran suffered head and other injuries as a result of which, it was claimed, he was physically unable to continue his apprenticeship as a block layer. It was also claimed he would have difficulty looking after himself into the future arising from his injuries.
Mr Moran later took High Court proceedings against Mr Fogarty and was awarded € 1.3 million damages, reduced to €1.1 million as a result of that court’s finding of 15 per cent contributory negligence by Mr Moran in getting into a car with a driver whom he knew had been drinking.
Mr Fogarty appealed against the award on several grounds, including that Mr Moran was not entitled to damages as the cause of his injuries was the accident and he would not have suffered those had he refused to travel with a driver whom he knew was intoxicated.
In a reserved judgment today, Mr Justice Joseph Finnegan, with whom the Chief Justice, Mr Justice John Murray and Ms Justice Susan Denham agreed, ruled the greater blameworthiness in the case must lie with the driver..
It was Mr Fogarty’s decision to drive to the bar in Nenagh and to drive home, notwithstanding the consumption of alcohol, the judge said. It was Mr Fogarty who had control of the car and its driving and it was he who represented a danger not just to
Mr Moran but other road users and the public in general. The accident was entitely attributable to Mr Fogarty’s driving.
consumed alcohol. They had also spent from about 8.30pm to at least 1am in the bar together and, in each other’s presence, drank between six and nine alcoholic drinks over that time.
Mr Moran knew, or certainly ought to have known, Mr Fogarty’s ability to drive was impaired by drink and, quite clearly, he ought not to have driven, the judge said.
Given all the circumstances, the judge said the aportionment of 15 per cent fault to Mr Moran represented “a significant disroportion” between the respective blameworthiness of the two. The court would set aside the 15 per cent finding and replace it with one of 35 per cent for Mr Moran and 65 per cent for Mr Fogarty.
The case shows the balancing a court must take into account when dealing with drunk driving cases. Clearly people who are injured at the hands of drunk drivers are entitled to compensation for their injuries. Those however who consent to travel with drivers whom they know to be drunk have to have regard for the risk they are undertaking when they do so.
The case does not set a precedent for all such cases as clearly the circumstances of each case must be taken into account.
Paul Tracey
21/07/2009
Comments
3 Comments on Road Accident compensation award reduced against drunk driver!
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Road accident claim on
Tue, 13th Oct 2009 2:56 am
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Claim Accident on
Wed, 21st Apr 2010 1:00 pm
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car accident compensation on
Wed, 16th Jun 2010 2:21 pm
This write up shows how the victims suffer at the hands of drunk drivers! It further shows a way also to over come it.
Find a good lawyer to get the road accident claimed.
Excellent article, drink driving is so wrong and the cause of so many deaths and serious injuries on our roads today. Even though the victim suffered injuries which have obvouisly have affected him and he has been compensated for; the judge rightfully stated that the passenger should not have travelled with the driver in this situation in the knowledge that he was under the influence of alcohol. The passenger must accept some responsibility.
There certainly does need to be a deterrent to drunken driving!
Jeff @ car accident compensation
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