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