I was a passenger in a car accident with a drunk driver, will this affect my personal injury claim?

Drunk driving poses serious risks for the driver, their passengers, other motorists, cyclists and pedestrians alike. If you are a passenger who sustained injuries in a motor vehicle accident where a drunk driver was involved, you can lodge a claim against the driver at fault.

Should your claim be accepted, you may receive rehabilitation for your injuries and claim compensation for any losses sustained as a consequence of the accident in the form of damages.

In circumstances where you suffer harm as a passenger of the motor vehicle accident operated by a drunk driver, contributory negligence will become a factor. Contributory negligence considers whether you as the passenger knew or ought to have known that the driver was intoxicated when you relied on the care and skill of that driver. Should contributory negligence be found to apply, the court may reduce the damages you would have been entitled to by a minimum of 50% on this basis as per section 48 and 49 of the Civil Liability Act 2003 (Qld).

If you would like more information, contact our offices for a free consultation with one of our personal injury lawyers. You can contact our office on (07) 3252 0011 or through our general enquiries page.

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