Lawrence and Bennett Convicted of drink driving

[Pearl Ram]

13 minutes ago, reverendo de duivel said:

I'd guess it will be after the legal proceedings.

Bloody hell, went to press the return button after changing my mind about what I was thinking and pressed the submit button by mistake, sorry everyone. ?

[cannable]

3 hours ago, reverendo de duivel said:

It would be a weird situation where a youth teamer calls shotgun on the passenger seat, leaving the captain to sit on whatever equipment Tom had in the back of the car without a seatbelt!

Just doesn't add up.

People are making far too much out of being captain 

Ultimately it’s a bunch of workmates and one wears a £2 Sondico arm band on one day out of five 

[europia]

On 11/10/2019 at 12:10, Squid said:

Either way, if Keogh for some reason did start legal action, what would the verdict be?

He got into a car knowing full well the driver is over the limit??

That would seem to be a cut and dry scenario, but a lot can be achieved by engaging the services of a top lawyer. All hypothetical of course. 

[admira]

So the court case is in a few days and some of the stories that have been flying about will finally get to be revealed as fact or fiction. I’m most interested to hear how many times over the limit they were. 

[ariotofmyown]

5 minutes ago, admira said:

So the court case is in a few days and some of the stories that have been flying about will finally get to be revealed as fact or fiction. I’m most interested to hear how many times over the limit they were. 

Could be a lot of disappointed people on here if they turn out to be 1.1x over the limit.

[lagavulinram]

5 minutes ago, admira said:

So the court case is in a few days and some of the stories that have been flying about will finally get to be revealed as fact or fiction. I’m most interested to hear how many times over the limit they were. 

Yeah. This should be very interesting. 

[Chester40]

36 minutes ago, lagavulinram said:

Yeah. This should be very interesting. 

Would it be in poor taste to set up a prediction poll? Ie Not over, just over, double, triple,....steaming.

 

[richinspain]

8 minutes ago, Chester40 said:

Would it be in poor taste to set up a prediction poll? Ie Not over, just over, double, triple,....steaming.

 

Yes, but that's never stopped anything happening before.

[Sith Happens]

On 11/10/2019 at 11:45, ThePrisoner said:

Hypothetical here... we don't know how drunk Tom Lawrence was. We have video evidence of Mason Bennett on the other hand.

For example:
Tom has two pints, Richard Keogh has no reason to believe he isn't sober and safe enough to drive. They drive home, Mason Bennett plows into him causing him to skid across the wet road and hit the lamppost.

I believe all RTCs require a breathalyzer test to be conducted, therefore he may have been slightly over the limit compared to Bennett's which you would imagine is a lot higher based on the videos.

Therefore would Keogh have a basis to start legal proceedings if he believed Lawrence to be under the limit?

Thing is we don't know all the facts. They will come out.

If Keogh has got in the car, put his seat belt on then yeah I am sure he will have a case. If he, as is rumoured, did not have seat belt on then his case may not be as good as its his responsibility to wear one, not the drivers to make sure he is.

 

[Sith Happens]

1 hour ago, ariotofmyown said:

Could be a lot of disappointed people on here if they turn out to be 1.1x over the limit.

The amount over may not be a huge factor in the punishment if some of the rumours about leaving the scene, speed, etc were involved. Lets hope a lot of the rumours are just tabloid tripe.

 

 

[jono]

On 11/10/2019 at 11:10, Squid said:

Either way, if Keogh for some reason did start legal action, what would the verdict be?

He got into a car knowing full well the driver is over the limit??

Vaguely remember a legal phrase .. contributory negligence which would in all probability reduce damages significantly 

i’m sure Legal eagle @DarkFruitsRam7 can fill us in on this. ? 

[lagavulinram]

1 hour ago, Chester40 said:

Would it be in poor taste to set up a prediction poll? Ie Not over, just over, double, triple,....steaming.

 

Muntometer. 

Works out how munted they were. 

[DarkFruitsRam7]

1 hour ago, jono said:

Vaguely remember a legal phrase .. contributory negligence which would in all probability reduce damages significantly 

i’m sure Legal eagle @DarkFruitsRam7 can fill us in on this. ? 

That’s something that was mentioned last year but we didn’t really study it. However, a brief Google search says this:

 

However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.

The consequences of this is that the amount of compensation you should be entitled to will normally be reduced by the percentage you are believed to have been contributory negligent for your injuries. The average deduction in cases such as this is normally around 25% – however this figure varies and can be negotiated depending on individual circumstances.

 

I imagine and hope that the story about him claiming damages is a load of rubbish, though.

[angieram]

Just now, DarkFruitsRam7 said:

That’s something that was mentioned last year but we didn’t really study it. However, a brief Google search says this:

 

However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.

The consequences of this is that the amount of compensation you should be entitled to will normally be reduced by the percentage you are believed to have been contributory negligent for your injuries. The average deduction in cases such as this is normally around 25% – however this figure varies and can be negotiated depending on individual circumstances.

 

I imagine and hope that the story about him claiming damages is a load of rubbish, though.

Me too. I can't understand why some people are pushing this angle. Surely these are mates on a night out who morally are jointly responsible for what happened.  Why should anyone even think about trying to make money out of the situation? 

[Millenniumram]

1 hour ago, Paul71 said:

Thing is we don't know all the facts. They will come out.

If Keogh has got in the car, put his seat belt on then yeah I am sure he will have a case. If he, as is rumoured, did not have seat belt on then his case may not be as good as its his responsibility to wear one, not the drivers to make sure he is.

 

Actually, I don’t think that last part is strictly true. May be wrong, but trying to remember my driving theory from a couple of years ago, I distinctly seem to remember it’s always the drivers responsibility to ensure everyone in the vehicle has a seatbelt on- if we’re talking the letter of the law. 

I would suspect any case Keogh has would be more based around how drunk he knew Lawrence was, if that is the case.

[RadioactiveWaste]

31 minutes ago, Millenniumram said:

Actually, I don’t think that last part is strictly true. May be wrong, but trying to remember my driving theory from a couple of years ago, I distinctly seem to remember it’s always the drivers responsibility to ensure everyone in the vehicle has a seatbelt on- if we’re talking the letter of the law. 

I would suspect any case Keogh has would be more based around how drunk he knew Lawrence was, if that is the case.

I'm pretty sure you can get points if the police pull you and a passenger isn't wearing their seat belt.

although, Hypothetically, Keogh not wearing his seat belt would have contributed and thus lessen the damages he might recover. If it goes that way, which I sincerely hope it doesn't.

[Sith Happens]

39 minutes ago, Millenniumram said:

Actually, I don’t think that last part is strictly true. May be wrong, but trying to remember my driving theory from a couple of years ago, I distinctly seem to remember it’s always the drivers responsibility to ensure everyone in the vehicle has a seatbelt on- if we’re talking the letter of the law. 

I would suspect any case Keogh has would be more based around how drunk he knew Lawrence was, if that is the case.

Highway code says its the passengers responsibility 

https://www.highwaycodeuk.co.uk/answers/is-it-the-responsibility-of-the-driver-to-make-sure-that-adult-passengers-wear-seatbelts#

[Millenniumram]

5 minutes ago, Paul71 said:

Highway code says its the passengers responsibility 

https://www.highwaycodeuk.co.uk/answers/is-it-the-responsibility-of-the-driver-to-make-sure-that-adult-passengers-wear-seatbelts#

Fair enough, may be wrong then, just seemed to remember it that way. That’s what I’d expect the law to be, adults responsible, kids not.

[DarkFruitsRam7]

47 minutes ago, Millenniumram said:

Actually, I don’t think that last part is strictly true. May be wrong, but trying to remember my driving theory from a couple of years ago, I distinctly seem to remember it’s always the drivers responsibility to ensure everyone in the vehicle has a seatbelt on- if we’re talking the letter of the law.

I’m pretty sure that’s only if the passenger is below a certain age.

[Mucker1884]

58 minutes ago, DarkFruitsRam7 said:

I imagine and hope that the story about him claiming damages is a load of rubbish, though.

 

54 minutes ago, angieram said:

Me too. I can't understand why some people are pushing this angle. Surely these are mates on a night out who morally are jointly responsible for what happened.  Why should anyone even think about trying to make money out of the situation? 

 

Whilst I'd agree entirely with the sentiment, it goes without saying that... assuming (hypothetically) that Keogh does go ahead with a claim... we mere mortals are still unsure whether he'd actually be looking "to make money out of it", or merely attempting to cover some/all of any related costs/losses etc.
None of us know whether the club is paying for medical treatment.  None of know whether he is getting paid (wages or sick pay) be that in full or part.  It's possible he could be losing out considerably, in the financial sense.  That's ignoring any stress/depression and physical pain etc, which is also usually taken into account with these claims.  

It's not always about "Making money out of the situation", and ultimately, we on here know absolutely nothing of the circumstances.