AN Upper Hunter woman involved in an illegal drag race, that ended when the car she was a passenger in slammed into a tree, has been denied compensation.
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Sydney District Court heard the cars were travelling at 170km/h during the race between Aberdeen and Muswellbrook in the early hours of April 5, 2016.
Ashley June Taylor attempted to sue Daniel John Hall, the driver of the car she was a front seat passenger in, claiming he was responsible for her injuries.
But Judge Justin Smith ruled Ms Taylor "voluntarily accepted the risk involved" in the illegal race.
Judge Smith said he would normally have awarded Ms Hall $140,000 for her injuries and $50,000 for economic loss, but he dismissed the claim because Ms Taylor failed to "take care of her own safety".
"There was plenty of time for the plaintiff to complain about the speed at which the defendant was driving and, every opportunity for her to encourage him either to slow down, or to stop and let her out," Judge Smith said.
"The fact that she did not had the direct consequence that the speeding and recklessness continued."
Ms Taylor claimed she asked Mr Hall to slow down several times after he passed another friend's car at speed, who was doing donuts at the intersection of Castlerock and Kayuga roads.
But another passenger in the car, Gregory O'Brien, of Condobolin, said he did not ask Mr Hall to slow down and he could not remember Ms Taylor asking him either.
The other car, being driven by Stephen Herbert, then gave chase and the two cars raced along several roads reaching speeds up to 170km/h.
Mr Hall gave evidence that his car was "at full speed" on Mine Access Road when Mr Herbert overtook him.
He then lost control and his car slammed into trees.
Mr Herbert stopped and took Ms Taylor, who suffered a fractured pelvis that required surgery and a broken elbow and injured shoulder, to Scone Hospital where she told medical staff she had fallen down stairs.
When challenged, Ms Taylor admitted to being in a car accident.
Judge Smith described the race as "a contest of speed" and said the cars were driven in a "furious and reckless manner" that was dangerous to the public.
The court heard that Mr O'Brien and Ms Taylor, who were friends, had smoked ice the day before the accident.
Mr Hall was previously charged and pleaded guilty to dangerous driving offences.
He claimed Ms Taylor was part of a "joint illegal enterprise", was a willing participant in the illegal race, and was complicit in the dangerous driving.
Judge Smith dismissed Ms Taylor's claim and ordered she pay Mr Hall's court costs.
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