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A public servant badly injured in a fatal crash has successfully sued the drink-driver who smashed into a tree for nearly $300,000, but she would have received more had she not also been negligent. Dannielle Benning was thrown from the front passenger seat into the windscreen when concreter Jamie Richardson crashed after veering off William Slim Drive, in McKellar, in February 2014. She spent a night in an induced coma and was away from work for seven weeks, having sustained serious injuries including a punctured and collapsed lung. Ms Benning continues to suffer from migraines as a result of the incident, while her work capacity has been reduced and she has had to undergo surgery for ankle injuries described as “lifelong”. Richardson returned a blood alcohol reading of 0.19 – nearly four times the legal limit – following the crash, which killed rear seat passenger Glenn Dunster. He was found guilty by a jury in 2016 of culpable driving causing death and culpable driving causing grievous bodily harm, and ultimately sentenced to three years and eight months in jail. Ms Benning sued Richardson in the ACT Supreme Court earlier this month, arguing his negligence behind the wheel entitled her to damages. Richardson claimed in his defence that Ms Benning, who was also intoxicated after drinking at the Lighthouse Pub in Belconnen, had “ripped” the steering wheel out of his hands and caused her own injuries. Justice Michael Elkaim dismissed that assertion on Thursday, awarding Ms Benning a payout of $297,979.30. In his judgment, Justice Elkaim described Richardson as “a most unimpressive witness” who “seemed to treat offences of drink-driving as more an indication of bad luck at being caught than having any element of the protection of road users”. He rejected Richardson’s claims about interference with the steering wheel for a number of reasons, including that the concreter was much stronger than Ms Benning. The judge also noted that Richardson was “not averse to lying”, having initially blamed the crash on a “phantom driver”. However, Justice Elkaim found that Ms Benning’s injuries were not entirely Richardson’s fault. The judge found she was partly to blame given she was not wearing a seatbelt at the time of the crash, and because she had willingly travelled in a car controlled by a driver she knew was drunk. As a result, the final payout figure was 35 per cent lower than the $458,429.69 Justice Elkaim would have awarded had Richardson been solely liable. The nearly $300,000 amount settled on by the judge comprises money for general damages, medical expenses, economic loss, domestic assistance, and interest.
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A public servant badly injured in a fatal crash has successfully sued the drink-driver who smashed into a tree for nearly $300,000, but she would have received more had she not also been negligent.
Dannielle Benning was thrown from the front passenger seat into the windscreen when concreter Jamie Richardson crashed after veering off William Slim Drive, in McKellar, in February 2014.
She spent a night in an induced coma and was away from work for seven weeks, having sustained serious injuries including a punctured and collapsed lung.
Ms Benning continues to suffer from migraines as a result of the incident, while her work capacity has been reduced and she has had to undergo surgery for ankle injuries described as “lifelong”.
Richardson returned a blood alcohol reading of 0.19 – nearly four times the legal limit – following the crash, which killed rear seat passenger Glenn Dunster.
Ms Benning sued Richardson in the ACT Supreme Court earlier this month, arguing his negligence behind the wheel entitled her to damages.
Richardson claimed in his defence that Ms Benning, who was also intoxicated after drinking at the Lighthouse Pub in Belconnen, had “ripped” the steering wheel out of his hands and caused her own injuries.
Justice Michael Elkaim dismissed that assertion on Thursday, awarding Ms Benning a payout of $297,979.30.
In his judgment, Justice Elkaim described Richardson as “a most unimpressive witness” who “seemed to treat offences of drink-driving as more an indication of bad luck at being caught than having any element of the protection of road users”.
He rejected Richardson’s claims about interference with the steering wheel for a number of reasons, including that the concreter was much stronger than Ms Benning.
The judge also noted that Richardson was “not averse to lying”, having initially blamed the crash on a “phantom driver”.
However, Justice Elkaim found that Ms Benning’s injuries were not entirely Richardson’s fault.
The judge found she was partly to blame given she was not wearing a seatbelt at the time of the crash, and because she had willingly travelled in a car controlled by a driver she knew was drunk.
As a result, the final payout figure was 35 per cent lower than the $458,429.69 Justice Elkaim would have awarded had Richardson been solely liable.
The nearly $300,000 amount settled on by the judge comprises money for general damages, medical expenses, economic loss, domestic assistance, and interest.
