sec.49Additional presumption for motor vehicle accident

### sec.49 Additional presumption for motor vehicle accident This section applies to a plaintiff and defendant mentioned in section 48 . If— the breach of duty giving rise to the harm suffered by the plaintiff was a motor vehicle accident; and the plaintiff was a passenger in the motor vehicle; and the motor vehicle was driven by the defendant; and either— the concentration of alcohol in the defendant’s blood was 150mg or more of alcohol in 100mL of blood; or 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%. The plaintiff is taken, for this section, to rely on the care and skill of the defendant. (sec.49-ssec.1) This section applies to a plaintiff and defendant mentioned in section 48 . (sec.49-ssec.2) If— the breach of duty giving rise to the harm suffered by the plaintiff was a motor vehicle accident; and the plaintiff was a passenger in the motor vehicle; and the motor vehicle was driven by the defendant; and either— the concentration of alcohol in the defendant’s blood was 150mg or more of alcohol in 100mL of blood; or 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%. (sec.49-ssec.3) The plaintiff is taken, for this section, to rely on the care and skill of the defendant. - (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; - (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; - (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;