| With the holidays approaching soon, I expect | | | | against the driver and alleged that she |
| that there will be many more opportunities | | | | suffered permanent neck and back injuries due |
| for people to drive after consuming alcohol. | | | | to the accident. |
| Of course, most people know that a drunk | | | | |
| driver who causes injury or death can be sued | | | | The driver admitted that he was intoxicated |
| for this unlawful conduct. But, did you know | | | | and that he caused the accident. But he also |
| that a passenger who knowingly rides with an | | | | claimed that Hickly had also negligently |
| intoxicated person can be held responsible | | | | caused or contributed to her own injuries by |
| for the passenger's own injuries or death | | | | agreeing to ride with a driver that was |
| arising from a drunk driving accident? | | | | intoxicated. Thus, the only issue before the |
| | | | jury was apportionment of fault and damages. |
| Yes, it's true. A case decided last October | | | | |
| by the Washington Court of Appeals affirmed a | | | | At trial the jury was instructed by the judge |
| jury's decision to hold a passenger 35% | | | | that Hickly could be held negligent for |
| responsible for her own injuries after | | | | causing her own injuries if they found that |
| accepting a ride from a driver she knew to | | | | she rode in a vehicle operated by a person |
| have consumed alcohol earlier in the evening. | | | | known to be intoxicated. Apparently the jury |
| | | | agreed with the drunk driver's attorney by |
| In the case of Hickly v. Bare, 135 Wn. App. | | | | holding Hickly 35% responsible for her |
| 676 (October 2006), the driver admitted to | | | | injuries when she accepted a ride from a |
| consuming at least 6 beers earlier that | | | | person she knew, or should have known was |
| evening. The passenger (Hickly) admitted to | | | | intoxicated. Hickly's damages were then |
| consuming 3 drinks before the accident but | | | | reduced by 35% to account for her own |
| testified at trial that she was not | | | | negligence. |
| intoxicated when she got into the vehicle. | | | | |
| Another passenger (the drunk driver's | | | | The appeals court also said that if the jury |
| brother) testified that the driver appeared | | | | had found that Hickly was intoxicated when |
| too intoxicated to drive, but he decided to | | | | she was injured, then her intoxication might |
| get into the vehicle anyway. All 3 occupants | | | | have operated as a COMPLETE DEFENSE |
| had been at a tavern earlier in the evening | | | | precluding recovery of damages altogether. |
| where they consumed alcohol. The testimony | | | | But only if the drunk driver had established |
| established that all three were at the tavern | | | | that (1) Hickly's intoxication proximately |
| for more than four (4) hours. | | | | caused her own injuries; and (2) Hickly was |
| | | | more than 50 percent comparatively at fault |
| Shortly before they left the bar, Hickly | | | | in causing her injuries. Hickly was fortunate |
| spoke with the driver about whether he was | | | | in this case because the jury did not believe |
| able to drive. According to Hickly, the | | | | that she was intoxicated even though she had |
| driver appeared fine to drive. She testified | | | | consumed alcohol earlier in the evening. |
| that he "walked fine, was able to handle his | | | | |
| keys and functions of the vehicle, and did | | | | The lesson from this case should be clear. |
| not slur his speech." The driver's brother | | | | Even if you don't consume alcohol, if you |
| however, disagreed with Hickly's observations | | | | knowlingly get into a vehicle with a person |
| of the driver. He testified that his brother | | | | whom you knew, or should have known, was |
| was too drunk to drive. Shortly after Hickly | | | | intoxicated you could be held responsible for |
| got into the car, the driver lost control of | | | | causing your own injuries if there is an |
| the vehicle and nearly hit a telephone pole. | | | | accident. You can bet the insurance company |
| He went off the roadway where the car flipped | | | | will defend such a case vigorously by arguing |
| at least 3 or 4 times. A passerby who stopped | | | | this new case. Don't ever knowingly accept a |
| to render aid testified that the driver | | | | ride from someone who has consumed alcohol. |
| appeared intoxicated. Hickly filed suit | | | | |