By 30% in the case of a traffic accident
The co-driver who knows that a driver is drunk and nevertheless accepts to board, shares the responsibility by 30% in the case of a traffic accident, ruled the Supreme Court.
Firstly, the Supreme Court judges cleared up that insurance cover excludes drivers who are under the influence of alcohol or toxic substances. According to the highway code the driver is under the influence of alcohol when the percentage of alcohol in the body is by 0.50 grams per liter of blood or above (0,50 gr/1) measured by the method of blood test or 0.25 milligram per litre of exhaled air and above, in the cases where the measurement is done with alkoolometroy device.
The fact that the driver is not covered by the insurance due to drunkenness, however, does not relieve company from the obligation to compensate the injured third parties and then claim the amount paid by the driver.In this particular case, four people after eating and drinking (wine) came into the car to go to the city of Sitia in Crete. At the 16th kilometer of Highway Agios Nikolaos – Sitia just before the Froyzi bridge the driver lost control of his car and drove into the ditch for rainwater on the right track of the road. After it crashed with strength at the iron guardrail, the car did a full rotation around its axis and ended up on the pavement with the front portion towards the direction of Sitia.The rotation of the vehicle was due to the collision at high speed to a fixed point and more specifically on the concrete foundation of the protective fence.
As a result of the impact, apart from the material damage, there was the injury to the co driver who suffered injuries to the chest and abdomen. These injuries caused internal bleeding and death was caused due to that.
As stated in the decision of the Supreme Court, the facts show that "the deceased, knew that the driver had consumed alcohol, while he could also be aware that for this reason he had reduced capacity for driving".
Therefore, the fact that despite that knowledge, the co-driver agreed to board the car and driven by the driver, firms a basis for "contributory fault".Consequently, the percentage of co-liability of the deceased passenger in the injury suffered at the accident, due to own-risktaking , has to be defined at 30% ".
The passenger's relatives claimed compensation for the mental anguish suffered and funeral expenses of the passenger, but compensation for damages should be reduced by 30%.