Can you claim for an accident involving a drunk driver?

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Drink driving is illegal; however, unfortunately, there are still many people who think it’s ok to drive after a few drinks, especially around Christmas with family gatherings and cocktail-fuelled office parties.

Road traffic accidents involving drink drivers

In the UK, you may be able to make a personal injury claim against a drunk driver if you are:

To be eligible to claim compensation for a road traffic accident involving a drunk driver, you need to demonstrate that they breached their duty of care, per the Highway Code and the Road Traffic Act 1988. This applies to all road traffic accident claims and means you need to prove that:

  • The other road user owed you a duty of care (i.e. to adhere to the alcohol limit and not get behind the wheel when under the influence);
  • They breached this duty; and
  • As a result of their breach of duty, you suffered an injury.

Common drink driving accidents

Many people foolishly believe that driving over the limit isn’t a problem because they “always do it” or they “can handle their drink”. Alcohol quickly and significantly affects our system, impairing our physical and mental abilities to carry out tasks, including ones we may do on autopilot, such as driving to or from home.

Common scenarios involving drunk drivers include:

  • Swerving into another car or person’s path
  • Failing to observe the rules of the road, e.g. stopping at a red light, navigating a roundabout the wrong way, or not stopping at a zebra crossing
  • Losing concentration and not noticing that the vehicle in front has stopped
  • Speeding or reckless driving because of alcohol-induced confidence

These are just a few examples. If you have been injured in an accident involving a drunk driver, it is important to seek specialist legal advice as soon as possible.

Can I claim compensation if I was a passenger in the car of a drunk driver?

You can claim compensation if you are a passenger injured in a car being driven by a drunk driver; however, the rules differ slightly from a normal personal injury claim.

If you got into the vehicle knowing that the driver was under the influence, or you should have realised they were over the drink drive limit, so you had ‘blind-eye knowledge’ (i.e. you witnessed them drinking several alcoholic drinks before sitting at the wheel), your compensation may be reduced. It will be up to the Defendant’s (in this case, the driver) solicitor or even the court to determine whether this is the case.

When proving if a deduction in compensation is justified, such as for contributory negligence, these three ‘tests’ must be satisfied (with evidence provided):

  • You (the injured person) failed to take reasonable care for your own safety, i.e. you got in the car knowing the driver was drunk;
  • This failure caused or contributed to the cause of the accident and/or injury; and
  • It was reasonably foreseeable that you would be injured (i.e. you chose to get in the car knowing the driver was unfit to drive).

What if I was too drunk to realise what I was doing?

Unfortunately, using your own inebriety as an excuse for getting into a car with a drunk driver is unlikely to succeed when disputing contributory negligence. The only way that this may be considered is if you were physically incapable of getting in or out of the car (in the case of Campbell v Advantage [2021] EWCA Civ 1698).

What to do if you’re in an accident involving a drunk driver

As with any other road traffic accident claim or personal injury claim, the key thing is to collect as much evidence as possible. If you are seriously injured, you should prioritise seeking medical help.

Once you are safe or help is on the way, the following information should be gathered (either by you or a witness):

  • The other party’s contact details
  • The relevant vehicle’s description, e.g. make and model
  • The registration
  • Photos/video of the scene
  • Eyewitness accounts and contact details
  • Whether there is dashcam footage available

It is a criminal offence not to share contact details if there is damage to a car and/or personal injury.

If the Police are on the scene, they will gather this information for you. They will also check whether the vehicle is insured or not. Find out what happens if you have an accident with an uninsured driver here.

Contact us about making a claim against a drunk driver

If you have been injured in an accident involving a drunk driver, whether as another road user or a passenger, we may be able to help you claim compensation. Call us for a no-obligation chat on 0117 325 2929 or fill out our online enquiry form.

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