Every holiday season we see the authorities warn about the risks of drink driving, driving tired and driving without seatbelts. Sadly, every holiday season we also watch the road toll numbers closely, hoping they are lower than the previous year.
While the road toll is reported heavily, we don’t usually hear about the injuries to passengers caused by a drunk driver or not wearing a seatbelt.
In Queensland, if a passenger has in some way contributed to their own injuries by being negligent, then compensation payments can be reduced by 50 per cent or more, leaving a seriously injured passenger with a reduced level of compensation. The laws in this area say that a passenger is negligent when they know the driver had been drinking or could reasonably tell that the driver is under the influence or alcohol or drugs.
This means that if you get into a car with a driver who is over the legal blood alcohol limit and you are involved in a motor vehicle accident, you would not be entitled to the normal levels of compensation, and in turn specialist medical treatment and rehabilitation. It means that many can not support themselves or their families while they are injured and unable to work.
People who get into a car with a drunk driver are not only risking their lives, but also jeopardising any compensation they may be entitled regardless of how seriously they are injured.
Next time you leave a party or function, make sure you check who is driving.
Karen Simpson
Queensland Practice Group Leader
Slater & Gordon Lawyers
