A High Court judge has awarded €134,000 injury compensation for a jogger hit by a van mirror after finding the driver of the van liable for the accident.
Forty-seven year old Donna Woods – a school teacher from Mullingar in County Westmeath – was jogging along the Ballynacarragy to Mullingar road in January 2013, when she was hit by the wing mirror of a van travelling in the opposite direction. Donna sustained a fractured wrist due to the impact of the van mirror and was treated at hospital for other injuries to her hand, elbow, shoulder and jaw.
Donna applied to the Injuries Board for an assessment of injury compensation for a jogger, but the driver of the van – Joseph Tyrell – denied that he was totally to blame for Donna´s injuries and refused to give his consent for the assessment to take place. Donna was subsequently issued with an authorisation to pursue her claim in court, and the hearing took place earlier this week.
At the hearing, Mr Justice Kevin Cross was told that, on 22nd January 2013, Donna and her friend were jogging along the road against the oncoming traffic and that a tractor and trailer combination had just passed them on the far side of the road.
The two joggers had seen Tyrell pull over onto the grass verge alongside the road to give the tractor a wide berth, but believed he would return to the carriageway once the tractor had passed and continued running towards the van. However, Tyrell continued to drive along the grass verge – the wing mirror of his van hitting Donna and causing her injuries.
Defending the claim for injury compensation for a jogger, Tyrell alleged that Donna was guilty of contributory negligence because she and her friend had run two abreast against the traffic without wearing high-visibility clothing. The judge dismissed the claim of contributory negligence by noting that Donna had been wearing bright clothing on the morning of the accident.
Acknowledging that Donna had previously been a “very active lady”, and that the injuries she had sustained in the accident had prevented her from competing in physically demanding sporting activities, the judge found in Donna´s favour and awarded her €134,000 injury compensation for a jogger hit by a van mirror.