Queensland Consolidated Acts

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Additional presumption for motor vehicle accident

49 Additional presumption for motor vehicle accident

(1) This section applies to a plaintiff and defendant mentioned in section 48 .
(2) If—
(a) the breach of duty giving rise to the harm suffered by the plaintiff was a motor vehicle accident; and
(b) the plaintiff was a passenger in the motor vehicle; and
(c) the motor vehicle was driven by the defendant; and
(d) either—
(i) the concentration of alcohol in the defendant’s blood was 150mg or more of alcohol in 100mL of blood; or
(ii) the defendant was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle;
the minimum reduction prescribed by section 48 (4) is increased to 50%.
(3) The plaintiff is taken, for this section, to rely on the care and skill of the defendant.

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