Warning all hoons: Liability for injured passengers

Your passengers may be deemed to be a part of your illegal activities...

Since 2002, police have had the power to impound and confiscate vehicles involved in hooning offences. This can involve dangerous driving, careless driving, street racing and similar anti-social behaviour. This is all in an effort to try and stamp out the dangerous driving behaviour that puts every other road user at risk.

If a driver was found to be hooning and crashed into another car or pedestrian causing them to suffer injury, there would generally be little dispute that they ought to be held liable for causing that injury. It makes perfect sense – they were driving dangerously and should be responsible for the damage caused as a result. This is because drivers owe a duty of care to drive with due care and attention.