Drinking, driving and causing injury: the position of the passenger of an intoxicated driver

Shircore, Mandy (2007) Drinking, driving and causing injury: the position of the passenger of an intoxicated driver. Queensland University of Technology Law and Justice Journal, 7 (2). pp. 375-402.

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Being a guest passenger in a motor vehicle with an alcohol impaired driver carries substantial risk of personal injury. No one would doubt that where an accident results, both the passenger and the driver should take responsibility for the ensuing injuries. Under existing common law principles and recent legislative reforms however, there is a possibility that the alcohol impaired defendant driver may be able to avoid liability altogether. This article explores the various defences that the driver may raise and argues that defences which absolve the defendant from all liability should be abandoned and that contributory negligence remains the most appropriate means of providing a just and socially acceptable outcome for both the driver and guest passenger.

Item ID: 2765
Item Type: Article (Research - C1)
ISSN: 1445-6249
Keywords: drink driving; negligence
Additional Information:

The original article has been published in the QUT Law and Justice Journal, 2007, 7(2) 375-402. The article as it appears at that site is the only authorised version of this article. The copyright in the print and electronic appearance of the article are held by QUT and the copyright in the content of the article is held by the author.

Date Deposited: 07 May 2009 23:56
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180126 Tort Law @ 100%
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