Injury Compensation News

A young boy, who was knocked down by a van as he played near his home, has had a car accident injury claim settlement of 17,500 Euros approved in the Circuit Civil Court.

Warren Lavelle (6) of Tallaght, Dublin, was hit by the van on July 13 2008, when he was only three years of age. He suffered head injuries as a result of the accident and has been left with a permanent scar on his head.

The driver of the van – John Connors, also of Tallaght, Dublin – admitted liability for the accident and, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane heard that the case was before her to approve the agreed settlement.

After noting that the scar was still visible, Judge Linnane approved the car accident injury claim settlement of 17,500 Euros.

Minister for Transport Leo Varadkar has announced that Road Traffic No 3 Bill will include a section that will allow Gardaí to conduct roadside drug driving impairment tests.

The Road Safety Authority has run several campaigns to increase the public awareness of the dangers of driving under the influence of drugs. Driving under the influence of drugs, both illegal or prescription, is already an offense. However, additional legislation is required to give Gardaí the right to require drivers to perform standardised impairment tests.

Gardaí are already being trained in the new roadside procedures by the Medical Bureau of Road Safety (MBRS). Drivers who fail the impairment tests will be arrested and brought to a Garda station.  Drivers under the influence of drugs suffer a variety of side effects, including slower reaction times, poor concentration, fatigue, confusion, distorted perception, over confidence, poor coordination, erratic behavior, nausea, hallucinations, blurred vision, aggression, panic attacks, paranoia, dizziness, and tremors. Gardaí have been trained to recognize the symptoms.

Regardless of the physical circumstances of a road traffic accident, liability for the accident will be clearly attributed to a driver under the influence of alcohol or drugs. If you have been in an accident and you suspect that the third party is under the influence of drugs, you should immediately call the Gardai and ask them to test the other driver.

A twenty six year old woman, who was left irreparably brain damaged after her car was involved in a collision with a truck, has had a 7 million Euro compensation package approved in the High Court.

Valerie Bourke of Carrick-on-Suir, County Tipperary, had just turned 21 in May 2006, when the red Nissan Micra she was driving on the road between Carrick-on-Suir and Waterford was struck by a truck driven by Patrick Holden of Carigee, County Waterford.

Valerie was taken to the Waterford Regional Hospital suffering from catastrophic brain damage. She remained there until the following April, during which time she was unable to communicate, required twenty four hour care and was fed via a tube.

Valerie was then transferred to the National Rehabilitation Centre in Dun Laoghaire and six months later moved to a neuro-rehabilitation centre in England for further assessment of her needs. It was not until December 2008 – two and a half years after the accident – that she was able to return home.

Valerie´s parents built a special extension to their family home in order to accommodate her special needs but, although Valerie made a little progress with her mobility and cognitive functions, Mr Justice Iarfhlaith O’Neill at the High Court heard that prospects for Valerie´s future remained limited.

In an action against Patrick Holden and the owner of the truck – Stefan Gilchrist of Piltown, County Kilkenny – it was alleged that their negligent actions were responsible for Valerie´s injuries. Liability was admitted and the case was before Mr Justice Iarfhlaith O’Neill for assessment of damages only.

Announcing the settlement package of just over 7 million Euros, Mr Justice Iarfhlaith O’Neill said that 4 million Euros was to be put aside for Valerie´s future care and that an application was to be made to have Valerie made a ward of court.

A GP, who sustained serious neck and back injuries after his car was in collision with a stray horse, has been awarded 668,352 Euros in personal injury compensation.

Thomas Breslin (46) from Ballyedmond, County Wexford, was driving along the road outside his home town when the accident happened in January 2007. The horse, which had escaped from a nearby field, collided with his car with such impact that the animal landed on the roof of Dr Breslin´s car – trapping him inside for more than two hours until he was released by emergency services.

Mr Justice Eamon de Valera at the High Court heard that as a result of the accident Dr Breslin had to undergo surgery on his back and have a plate inserted in his neck. He also suffered pschologically as a result of the accident and was diagnosed with post traumatic stress disorder. The court also heard that Dr. Breslin will only be able to work part-time due to his injuries and may even have to retire from his practise.

The negligent party in the action was named as Richard Johnston of Gorey, County Wexford, who admitted liability for not securing the horse´s paddock and the case was before Mr Justice Eamon de Valera for assessment of damages only.

Announcing the award of 668,352 Euros, the judge said that it was clear that Dr Breslin would continue to suffer physically and mentally as a result of the incident.

A man who was trapped in the wreck of his car after a violent motorway collision has been awarded 91,000 Euros for the pain and suffering and post traumatic stress he suffered.
Mr James Killeen (55) of Artane, County Dublin, was sat in stationary traffic on the approach to the M50 near Dublin, when his jeep was struck from behind at speed by a car driven by Mr Hongbo Guo of Castleknock, County Dublin, in November 2007.
Mr Justice John Quirke at the High Court heard how Mr Killeen and his son, Jack, were trapped in the damaged jeep for 90 minutes while firemen attempted to cut them free. During this time, the court heard, Mr Killeen became hysterical due to the presence of petrol fumes and his fear for his son´s safety.
Once cut free from the vehicle, Mr Killeen was transported to hospital in an ambulance which had to stop on four occasions to allow Mr Killeen to vomit – such was his distress at the incident. On admission to Blanchardstown Hospital, Mr Killeen was found to have sustained a soft tissue injury in his lower back, which left him with daily pain, discomfort and lack of movement
Mr Killeen´s physical condition was complicated by the fact that he had been involved in seven previous road traffic accidents between 1986 and 2009, in the course of which he had suffered multiple injuries including a fractured hip. The psychological trauma of the accident in 2007had resulted in an emergency admission to St Ita´s Hospital in 2008 as the result of attempted self harm.
The court heard from a consultant psychiatrist that Mr Killeen had suffered from severe depression and anxiety arising from the accident and had needed intensive psychiatric treatment to overcome Post Traumatic Stress Disorder in the aftermath of the road traffic accident.
Mr Justice John Quirke stated that Mr Guo had accepted liability for Mr Killeen´s injuries and that the case was before him for assessment of damages only. In making the award of 91,000 Euros, the judge commented that the whole incident had been horrific for Mr Killeen, and had resulted in significant consequences for him.

The family of a mother and child, who were both tragically killed in a road traffic accident which occurred in 2006, have been awarded more than 100,000 Euros in a joint compensation agreement. Both Yvonne Mahoney (24) and her daughter, Bobbi-Ann (2), were killed when a car driven by Yvonne’s partner John Maloney (33) was struck by another car as it exited the crossroads junction at Lodge Cross, County Galway on July 9 2006. Mr Maloney also died in the accident.
In an action brought by Yvonne´s widowed mother, Mary (56) of Loughrea, County Galway, it was alleged that Galway County Council had failed to maintain clear vision at the junction by not cutting down, pruning or trimming the trees and hedges on the side of the road. It was also claimed that they had failed to erect yield or stop signs.
Mrs Mahoney also sued the estate of John Maloney, claiming that Mr. Maloney had been negligent on the day of the accident by way of his driving. It was claimed that the deceased driver had caused Mrs Maloney and her eight other children to suffer mental distress. In the High Court in Galway, Judge Mr. Justice Moriarty heard that the issue of liability had been withdrawn, and awarded Mrs Mahoney and the family of Yvonne and Bobbi-Ann a compensation settlement of 100,439 Euros plus costs.

A teenage girl, who suffered psychological injuries after her mother was knocked unconscious in a car collision, has had a compensation award of 21,000 Euros approved in the Circuit Court.
Charmaine Fitzgerald (14) of Clondalkin, County Dublin, was just 10 years of age when she and her mother were violently rear-ended while sitting in the family car close to Charmaine’s school. The force of the impact was so great that Charmaine’s mother, Lisa, was thrown from the car and lost consciousness.
In the Circuit Court, Mr. Justice Matthew Deery heard that Charmaine – who was just 10 years old at the time of the accident in March 2007 – had feared her mother had died, and was psychologically traumatized by the event – suffering headaches and nightmares for a prolonged period after the accident.
In the action brought through her mother, the court also heard that Charmaine’s condition deteriorated so much that she visualised the crash each time she was driven close to the scene, and had to change schools as a result.
Judge Mr. Matthew Deery approved the settlement offer of 21,000 Euros made by the defendant – Paul Mullins of Palmerstown, Dublin.

Gardai are currently being trained to recognize drivers that are possibly under the influence of drugs while driving. The Medical Bureau of Road Safety is training gardai drug-drive recognition techniques so that the officers will be about to “form an opinion” that drivers are under the influence of drugs if they have tested negatively for alcohol. Drivers that fail the impairment tests can be arrested and brought to the local garda station for blood or urine tests. Gardai now have authority to perform roadside drug testing under the provisions of the road Safety Act 2010. The blood or urine test will be performed by a qualified medical professional and the tested in a certified laboratory. Positive test results will be used to obtain a conviction in court. Refusal to submit to testing by the Gardai can result in fines of up to €5,000 or six months in prison.

Drug driving has received much less attention than drunk driving in Ireland, despite the fact that Road Safety Authority statistics show that one in five passengers have been in a car driven by a person under the influence of drugs. The new procedures can be expected to dramatically increase the number of drug driving convictions from the current level of 700 convictions per year.

If you have been in a road traffic accident and suspect that the other driver is under the influence of alcohol or drugs, you should inform the gardai immediately. The new procedures make it considerably more likely that the gardai will detect drug driving. Regardless of the circumstances of a road traffic accident, drivers is under the influence of drugs or alcohol are not only likely to be held fully responsible to the accident, and they are also going to be charged with drunk or drug driving and possibly dangerous driving.

The Road Safety Authority (RSA) has issued motorists with a winter warning about inclement driving conditions caused by freezing fog and black ice. In a press release published on their web site, they highlight the risks of driving in such conditions, especially as visibility is reduced and a collision involving one vehicle can quickly deteriorate into a multiple vehicle pile-up.
Drivers at the greatest risk are those driving on motorways and dual carriageways which have higher speed limits. Mr. Noel Brett, CEO of the Road Safety Authority commented “Dense fog reduces visibility greatly and makes driving very dangerous. However, freezing fog, when liquid fog droplets freeze to surfaces, can make it difficult to keep the windscreen surface clear. Combined with icy road surfaces – it’s a driver’s worst nightmare.”
Mr. Brett also added the following words of advice -“Reduce your speed and keep your distance from the vehicle in front. You should always be able to stop in the distance you can see in front of you. If the fog closes in, reduce your speed.”
Among the key safety guidelines contained in the press release, the RSA warned against the dangers of “Target Fixing”. This practice concerns being guided by the tail lights of the vehicle in front of you, which may provide you with a false sense of security. Instead they advise to turn off any distracting noise in the vehicle and open a window slightly in order that you can hear other traffic, especially at junctions and at crossroads.
Drivers who ignore the safety guidelines issued by the HSA may be potentially liable for any accidents resulting from their lack of care when driving in poor weather. If you have the misfortune to be injured in a road traffic accident with a vehicle which was not clearly visible, or whose driver failed to account for poor weather conditions, you should report this fact to your solicitor when making a claim for personal injury compensation.

Daryl Noonan, now aged 20 and originally from Navan, County Meath, has settled his High Court case against Bus Éireann for compensation for the post traumatic stress and depression following a school bus accident.

The school bus lost control and overturned on Kenstown Road, near Navan, in May 2005, resulting in the deaths of five schoolgirls. Mr. Noonan suffered minor injuries but heard screams before the crash and witnessed passengers with injuries following the accident. He was close friends with one of the fatal victims.

Mr. Noonan’s suffered nightmares and became anxious while travelling, his schoolwork deteriorated, he became uncommunicative, and family relationships deteriorated.

Mr. Noonan received counseling but eventually moved to Australia.

Bus Éireann admitted liability in the case. The amount of compensation was not revealed.