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Does a court have to reduce an award of damages because the injured person is deemed by legislation to have contributed to the injuries / losses?

Yes, in accordance with Section 138 of the Motor Accident’s Compensation Act (NSW) 1999 the court must make a finding of contributory negligence in certain circumstances including the injured person was driving under the influence of alcohol or drugs (convicted of a drinking/drug offence) unless it can be proven that intoxication did...