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小 發表於 2007-11-15 17:47 顯示全部帖子
引用:原帖由 kwan07 於 2007-11-13 05:37 發表
如果某人飲醉酒, 受酒精影響,神智不清,但依然強行駕駛,結果發生交通意外, 導致另外一位同車的朋友被拋出車外,雙腳殘廢而永久失去工作能力 (受傷那位當時沒有帶安全帶),
請問受傷那位,可以對駕車那位,提出控告嗎 ...
1. The first question that we must consider before taking civil actions against others for civil wrongs is whether there is a strong likelihood:
(a) that we have the resources to commence with the action and maintain it throughout;
(b) that we will win the judgment at the end of the day; and
(c) that we will and can enjoy the fruit of winning the judgment against the assets (when the defendant is still alive)/estate (when the defendant has passed away) of the defendant(s), not whether we have a right to sue!
2. In Hong Kong, most normal, local adults do however have a right to sue anyway, but will suffer a great loss in paying the legal costs incurred at the end of the day if they lose their cases in the court.
3. If a passenger in a car accident sustained injuries (various kinds) due to the negligence of others (i.e., the defendants) but did not wear the seat belt at all or did not wear it properly, he would only be held contributorily negligent if his injuries which were the consequences of the accident would have been prevented or lessened if he wore a seat belt. If the defendants succeed in proving contributory negligence on the part of the passenger, then about 15-25% of the quantum of damages (i.e., the compensation awarded) would be deducted from the passenger.
4. I must repeat that the question whether the drunken driver and/or others had been careless at all in the accident must be considered as the paramount factor prior to the issue whether the passenger would, by reason of his agreement or conduct, be precluded from recovering full compensation for the consequences of any carelessness on the part of the persons involved. Even if a driver has consumed a lot of drinks, he might still be able to exercise the reasonable standard of driving his vehicle that which is reasonably required by and expected from the court.
[ 本帖最後由 koolaar 於 2007-11-15 12:12 編輯 ]
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