Drunks who lie on roads can still sue for damages - and win
Foolhardy drunks whose dangerous antics cause car accidents which leave them severely injured are still eligible for compensation, the High Court has ruled.
The ruling ended a five-year legal saga which started when a drunk Albany pedestrian was run over by a tow-truck on a remote country road.
Albany man Iain Alexander, 29, admitted drinking half a carton of beer between 8pm and 4am, when he left an Albany nightclub to walk home with his flatmate in October 2000. About the same time, tow-truck driver Wayne Manley, who had been called out to help a motorist, was driving between 55 and 60kmh when he saw Mr Alexander's flatmate standing on the verge and about to step on to the road.
Mr Manley veered to miss the flatmate, but in doing so ran over Mr Alexander, who was wearing dark clothes and lying on the road. Mr Alexander suffered serious injuries in the accident and sued Mr Manley for damages in the District Court.
Despite Mr Manley's admission he had taken his eyes off the road for two or three seconds, the District Court threw out the claim, ruling he was not negligent.
Mr Alexander appealed to the Full Court of the Supreme Court, which decided that Mr Manley had failed to take reasonable care for other people on the road, however unexpected they might be at 4am.
But the Full Court reduced the amount Mr Manley had to pay to just 30 per cent of Mr Alexander's claim.
Mr Manley appealed to the High Court, which yesterday handed down a 3-2 majority decision which upheld the Full Court decision and found him culpable.
Mr Manley said last night the compensation would be paid through third party insurance.
"You're a taxpayer, you're paying the bill," Mr Manley said. "Are you happy about paying for some d . . . head to lie in the middle of the road and get run over and then take it to court, and he gets to live off government for the rest of his life?"
16/01/2005
Speed, alcohol involved in fatal crash: police
Albany police say speed and alcohol were contributing factors in a fatal traffic crash early yesterday morning.
Iain Alexander, 34, died when his four-wheel drive hit the roundabout at Campbell Road and Middleton Road and slammed into an embankment.
A 27-year-old passenger was injured.
The accident happened near to where Mr Alexander was hit by a tow-truck while lying in Middleton Road in 2000.
That incident was the subject of a High Court ruling last month, which resulted in Mr Alexander being paid thousands of dollars in compensation.
