Supreme Court examining how responsible car passengers are for their own safety
The Supreme Court is due to make a ruling on a road traffic accident case which may clarify the extent to which a passenger is responsible for ensuring their own safety.
The case concerns a 2021 accident in which a passenger had entered a vehicle and not worn a seatbelt. Both passenger and the driver of the vehicle were intoxicated, and the passenger suffered serious injuries after the vehicle left the road.
According to Supreme Court Justice Heili Sepp issue at stake is to what extent a passenger's actions in such a situation can influence the driver's responsibility for any severe injuries sustained by that passenger.
"Because in the current case, the passenger had entered a car with a drunk driver but had not fastened their seat belt, the question arises as to how much these acts of omission and putting oneself in danger reduce or eliminate a driver's responsibility. Under what circumstances, if any, can a driver be held accountable for causing these injuries," she went on.
"Aktuaalne kaamera" asked how the forthcoming Supreme Court decision, expected within the next 30 days, might set a precedent.
"This depends on the conclusion we reach," the judge said.
"Perhaps we won't come to a resolution even with a three-member panel, and we may need to postpone the decision and make further deliberations. The Supreme Court's stance will ultimately clarify how the victim's self-endangerment in traffic situations, and possibly with other crimes, may affect the defendant's level of responsibility," Sepp responded
The case in question concerns a road traffic accident in summer 2021 in which a car veered off the road and rolled.
All occupants of the vehicle, including the driver as well as two passengers, had consumed alcohol. As a result of the accident, the passenger seated next to the driver sustained severe injuries.
The first-tier county court found that the passenger's severe injuries would have occurred even had they been wearing a seat belt, and convicted the driver of violating traffic regulations, which had led to the passenger's serious injury via negligence.
Reviewing the appeal, the second-tier circuit court determined that the passenger had placed themselves in danger by not fastening the seat belt and by getting into a vehicle that was to be driven by an intoxicated person, and this largely negated the driver's responsibility for the passenger's injuries.
Consequently, the circuit court partly overturned the county court's decision, convicting the driver only of driving under the influence.
The circuit court also significantly reduced the driver's sentence as handed down by the county court, and canceled compensation for damages that the county court had ordered the driver to pay the passenger.
The passenger's representative then appealed to the Supreme Court, bringing things to the current situation.
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Editor: Andrew Whyte