Council Found Negligent in Road Crossing Accident Claim

by | Jan 3, 2013

Dublin South County Council has been found 100 percent responsible in a road crossing accident claim after a hearing at the High Court in Dublin.

The claim was brought by Linda Dargen Burgess from Tallaght, Dublin, on behalf of her son Brandon who – at the age of thirteen – was hit by a motorist at the junction of the Tallaght Bypass and Killinarden Way while trying to cross the road at a temporary crossing erected by the council.

Brandon suffered a serious head injury in the accident and fractures to his arms and legs, and missed a significant period of his education while he recovered from his injuries. As a consequence of his accident, Brandon has now left school without completing his Leaving Certificate.

Brandon´s mother made a claim for road crossing accident compensation against both the driver of the car – James Mulholland from Dundrum, Dublin – and Dublin South County Council, claiming that the way in which the temporary crossing had been set up made it extremely difficult for pedestrians to access the signal box.

It was further alleged that the placement of a Dublin South County Council vehicle at the crossing had obscured the lights on the central island and it was impossible to see whether the signal crossing man was at green or red. Both James Mulholland and Dublin South County Council disputed liability.

In the High Court, Ms Justice Mary Irvine dismissed the road crossing accident claim against Mr Mulholland, after hearing that he had been driving within the speed limit with a green light ahead of him. Ms Justice Mary Irvine agreed with the defendant that even if he was keeping a proper lookout, he did not have a realistic chance of seeing Brandon before he stepped out in front of the car.

She also dismissed claims of contributory negligence made against Brandon by the council, who had alleged that Brandon had failed to take adequate care for his own safety before stepping out into the road. The judge said that in the circumstances she was satisfied that the positioning of the signal box and blocking of the lights on the central island amounted to negligence by the council and found them 100 percent liable for Brandon´s injuries.

Awarding compensation for a road crossing accident of €826,818, Ms Justice Mary Irvine said that, but for the accident, Brandon would have completed his studies at school and will now have a completely different type of future as a result of his injuries.

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