A High Court finding last week that a drunken passenger was 25% responsible for the injuries he suffered in a car accident underlines the effect of recent public liability reforms and community concerns about drink driving, according to law firm Phillips Fox.

The passenger, Alan Berryman, was severely injured in a crash near Wentworth in south-western NSW. He had a blood alcohol reading of 0.19 and Sally Joslyn, the driver – who had just taken over the wheel from Mr Berryman – had a reading of 0.138. Ms Joslyn was originally found 90% liable and Wentworth Shire Council, which had responsibility for the road, was found 10% liable.

Phillips Fox lawyer Colin Davidson, who represented the council, said the High Court decision overturned a previous NSW Court of Appeal ruling that there was no evidence Mr Berryman had contributed to the accident. The District Court had originally found him 25% responsible. The High Court also found the District Court and Court of Appeal erred in not applying the relevant legislation which called for a reduction in damages if a passenger knew, or ought to have known, the driver was drunk.

Mr Davidson said the High Court’s decision confirms that being drunk “will not assist in shifting full responsibility for an accident on to another party. Mr Berryman…  allowed Miss Joslyn to take over the driving, aware she had been drinking heavily, she was an unlicensed driver, and the car had a broken speedometer and had rolled twice previously.

“Personal responsibility is an increasingly important concept the courts are using to decide these types of cases.”