Drink driver accident

I was leaving an out of town shopping centre at the end of November when as exiting the car park onto the main road I was knocked off by a lady in a big Merc 4x4. She obviously didn’t see me. I managed to hobble to the side of the road and someone there called an ambulance. The police also attended so someone must have called them. They breathalysed the lady and she was over the alcohol driving limit. I am told by the investigating officer that this was confirmed at the police station and she has been summonsed to appear in court. My solicitor is making a claim for me and the insurer of the lady in question says I pulled out on her and is blaming me Surely if she was drunk then I am not to blame?!
John Norman

Answer

Without seeing the police documentation it is difficult for me to comment other than to say the following. If she pleads guilty or is found guilty of the offence of driving whilst over the permitted limit of alcohol then this is a factor you can use to try to persuade the court to infer negligence on her part through intoxication / impaired judgment. However, I can imagine you could face a causation defence – that is, her drink driving was not causative of the accident, rather it was your act of pulling out from a car park onto the main road into her path as she had right of way. I suggest waiting until the criminal case is concluded, obtaining all the information and reconsidering the evidence.

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