Since 2014, Scotland's drink driving limit has been 50mg of alcohol per 100ml of blood, which is in line with many other European countries. However, the rest of the UK have the highest drink driving limit in Europe, at 80mg of alcohol per 100ml of blood. As each individual is different, the quantity of alcohol which will result in an individual exceeding those limits will be different for everyone. For this reason, the only way to avoid breaching the legal limit is to avoid alcohol before driving.
The Department for Transport (2023) estimated that over 200 people die in the UK every year in a drink driving related accident. That is why, the British Medical Association, alongside many other organisations, charities and the emergency services have taken a strong stance on the issue. They are advocating for the drink-driving limit in the rest of the UK to be lowered to match that of Scotland, whilst setting a limit of 20mg for new and commercial drivers. Brake, the road safety charity, who MFMac are proud to support, go one step further. They are calling for Zero-tolerance on drink driving. Their view is that given it is legal to drink alcohol and then drive, this implies to people that it is safe to drive with a limited amount of alcohol in their systems, when it isn't. They are campaigning for all drink driving to be a thing of the past.
Can I make a personal injury claim against a drunk driver?
Yes. Whether or not the driver was drunk, the law provides that you are entitled to make a personal injury claim for compensation against a driver who caused a road traffic collision. The purpose of making a claim is to compensate you for any loss you have suffered as a result of an injury or the loss of a loved one, in which case you may be entitled to make a loss of society claim.
The difference if there is alcohol involved, is that there will also likely be criminal proceedings raised against the driver, which may result in them being sentenced. Depending on the severity of the crime, this sentence may be custodial, a fine, community service and/or loss of their driving licence.
What if I am injured as a passenger in a car being driven by a drunk driver?
Cars being driven by drunk drivers with a blood alcohol level of 50-80mg are six times more likely to be involved in a fatal crash, as opposed to a driver with no alcohol in their system. A passenger who gets into a car with a driver who is drunk may know that there is a greater risk of a crash. However, making the choice to be driven by a drunk driver doesn't prevent a passenger from making a personal injury claim if there is a crash and they are injured. The court may conclude that they accepted some risk themselves by knowingly being driven by someone who had been drinking and reduce any compensation they are awarded.
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At MFMac, our experienced team will take the time to assess your claim and help you secure the compensation you are entitled to. Contact us today on 0131 247 1000 for a free, confidential chat or via our website.
