In an interesting case for practitioners, the High Court
considered issues of capacity, consent and contributory negligence
following an RTA in which the Claimant was a passenger driven by
his intoxicated friend. The judge found the Claimant had capacity
to consent to being driven by the drunk driver but his failure to
wear a seatbelt did not make a difference to his injuries. The
appropriate reduction for contributory negligence was found to be
20%.
Campbell v Advantage Insurance Company [2020] EWHC 2210
(QB)
Background
The Claimant was being driven from a nightclub by his
intoxicated friend when the car drove headlong into an articulated
lorry. Earlier that evening the Claimant had become so intoxicated
that his two friends sat him in the front seat of the car, where he
fell asleep. The Claimant's friends went back into the club.
When they returned later the Claimant was still in the front
passenger seat. The driver, Dean, drove off with the Claimant.
Aaron
