Car Accident Aid News » Pedestrian Accidents
It is possible to claim injury compensation for pedestrian accidents when a pedestrian has been hurt in any street accident. In the context of this website, pedestrian accidents would usually involve contact with a vehicle, but it is also possible to claim compensation for pedestrian accidents due to trips and falls on broken paving slabs, potholes and utility covers that have not been replaced properly.
The most important thing to consider when making claims for pedestrian accidents is that your health always comes first. In a contest between man and machine, the machine usually wins; and, if you have been hit by a vehicle, it is imperative that you seek medical attention as a priority rather than try to confront or locate somebody responsible for causing your injury.
A solicitor will be able to access police accident reports and CCTV footage to establish negligence where it is in any doubt, or – if the negligent party cannot be traced – it will be possible to claim compensation for pedestrian injuries against the Motor Insurers Bureau of Ireland. Speak with a solicitor on our Solicitors Advise Bureau for more information about making compensation claims for pedestrian accidents.
Posted: January 27th, 2020
At the High Court €80,000 road accident compensation has been awarded to 63-year-old Margaret Keating who was injured when a taxi collided with a Luas tram at a junction.
The compensation award, which was approved by Justice Kevin Cross at the High Court, includes €10,000 for aggravated damages. Justice Cross said he believed Ms Keating to be an honest witness who did not in any way exaggerate her complaints.
Ms Keating had taken the legal action against the the taxi driver, claiming he broken a red light and caused an emergency on the Red Line Luas tram in which she was travelling in 2015. Ms Keating was informed that she was sitting at the back of the tram and hit a support bar in the accident. Due to this she suffered injuries to her neck and shoulder.
The accident happened at the junction of Steevens Lane approaching Heuston Station.
The judge said that Ms Keating was going to be left with some ongoing symptoms into the future and indefinitely, even though her injuries were tissue in nature. He added that Ms Keating “has had a nasty time and has had a significant change in her lifestyle”.
Ms Keating, of Bluebell Road, Bluebell, Dublin, had taken the legal compensation action against taxi-man Martin Mulligan, from Leixlip, Co Kildare, over the accident that occurred on June 15, 2016.
It was alleged that the taxi driver had ran a red light showing against him and he failed to keep any or any proper lookout. Additionally, she also alleged that as a result of the accident she developed a travel anxiety and now has a fear of travelling on trams and trains.
Mr Mulligan refuted that claims that were made by Ms Keating that she had suffered a number of injuries.
Mr Justice Cross said he formed a view Ms Keating was an honest person in relation to the circumstances of the accident and did not exaggerate her symptoms.
The judge said the taxi driver’s legal representatives had applied to have the case dismissed on grounds including that Ms Keating had not included the details of a 2017 accident in documents prepared for the court case and that she had also allegedly withheld the GP’s report from the defendants until June 2019.
Mr Justice Cross said the 2017 accident was irrelevant to the injuries that she had suffered, the subject matter of this case, and he said there was no attempts to deceive.
The Judge also decreed there was no basis to suggest the medical report from the GP was suppressed to mask the 2017 accident.
He said professional misconduct was alleged and it was not right to allege professional misconduct against a solicitor without any possible basis for that claim.
Ruling that Ms Keating was entitled to aggravated damages, Mr Justice Cross said she was never asked during evidence in relation to her subsequent injuries dealing with this accident.
Posted: July 18th, 2018
Cheng Zhang, a Chinese accountancy student based in Dublin, has been awarded more than €250,000 in personal injury compensation damages after a High Court judge ruled that she had suffered post-traumatic stress disorder after an accident where she was struck by a car in Dublin in 2011.
The total amount of compensation awarded to the 36-year-old girl by Mr Justice Anthony Barr was €465,526. However this was reduced due to contributory negligence. The contributory negligence was assessed at 45pc as she had decided to cross the junction when the pedestrian light was still red.
The judge said that after the car crash Ms Zhang became very mentally unhealthy and could no longer complete her work duties. Her job was her only source of money and, due to this, she fell into rent arrears, became homeless and relied on local authority emergency accommodation.
The judge said that, taking the level of intelligence, ambition and high level functioning which Ms Zhang displayed prior to the accident, he was happy to believe that she would have gone on to qualify as a certified accountant and would be in full employment if it was not for the incident.
Ms Zhang, from of the Liaoning province of China, arrived in Ireland in 2003 to study English. When the accident occurred she was studying accountancy.
She had taken the car accident compensation action against the driver of the car Stephen Farrell due to the accident that occurred on April 17 2011. She had been crossing at the junction of Merrion Row and Merrion Street Upper when she was hit by Mr Farrell’s car and thrown into the air.
The Court was told that she suffered soft tissue injury to her knees and pelvis and a blow to the head. The result of this was that she was unable to move or communicate with anyone for about an hour after the accident took place. The Court was also advised that Ms Zhang went on to experience severe and constant mental illness in the form of post traumatic stress disorder (PTSD) as well as the condition known as fibromyalgia.
Mr Farrell Legal Counsel told the Court that Ms Zhang had listed a number of physical complaints for which no organic basis could be proven and that she now experiences an anxiety disorder.
Mr Justice Barr said that he believed the evidence of Ms Zhang’s psychiatrist that she suffered serious mental health issues due to the road traffic accident and had undergone a catastrophic change to her mental stability.
He said that he also accepted the evidence of the psychiatrist that stated Ms Zhang’s symptoms are chronic and enduring despite the best efforts at treatment so far.
Posted: June 7th, 2017
A judge has awarded a jogger trip and fall compensation against Dublin Council and increased the award to account for the council´s aggressive defence.
In September 2011, the twenty-four year old plaintiff was jogging within the Clondalkin caravan site in Dublin when he tripped on a hidden depression in the footpath and fell – fracturing a knuckle in his right hand. The man – who was a keen amateur boxer at the time – had to undergo surgery and has been unable to return to boxing since.
As the caravan site is owned by the local authority, the plaintiff claimed trip and fall injury compensation against Dublin Council on the grounds it had not been maintained to a safe standard. South Dublin County Council denied liability for the jogger´s injury and argued it had resulted from a boxing match and that his claim was fraudulent.
The case went to the High Court where it was heard by Mr Justice Anthony Barr. During cross-examination of the plaintiff, the council´s legal representatives repeated its argument the injury had occurred in a boxing match and supported the allegation by saying he had been out jogging the morning after he had suffered a soft tissue injury in a car accident.
The plaintiff agreed that he had been out jogging the morning after a car accident, and an expert medical witness testifying on the plaintiff´s behalf told Judge Barr it was normal for somebody in the plaintiff´s physical condition to try and run off his injury. Judge concluded this was a “credible explanation” for why the plaintiff had been jogging the following morning and found in his favour.
The judge awarded the plaintiff €55.000 trip and fall injury compensation against Dublin Council, and then increased the award by €5,000 aggravated damages to account for the upset the jogger had been caused by the council´s unjustified allegations that his claim was fraudulent.
Posted: April 8th, 2016
The High Court of Dublin, earlier this week, heard the case of a man who lost two of his fingers in an industrial saw accident.
Antoni Jamroziewicz – aged fifty-two, living in Limerick but originally from Poland – was working as a carpenter on the contraction of the Limerick Tunnel on 28th April 2008 when the accident occurs. Antoni fell when he was cutting a length of timer from a longer plank, and his hand was caught in the saw, severing two of his left fingers.
Despite their best efforts, doctors were not able to repair the damage to Atoni’s fingers. The physical and psychological trauma of the injury caused Antoni to start drinking heavily, and he found it difficult to find work after the accident. His injury affected his professional confidence and capabilities, and he also began to struggle in social situations.
Antoni sought legal counsel before proceeding to make a claim for compensation against the recruitment agency, O’Neill Brennan Ltd, and the German contractor Strabag International GmbH. In the claim, Antoni alleged that the surface on which he was working with the industrial saw was unsafe because it wasn’t level, but both defendants denied these claims. The case proceeded to the High Court, where it was heard earlier this week.
The court heard from Antoni that the accident happened because he had stumbled on an uneven surface, leading to his hand entering the industrial saw. However, this was disputed by both of the defendants, who testified that the saw as on a level surface. They argued that Antoni had probably caused his injury himself by acting negligently and placing his hand too close to the saw.
It was also argued by the defence that, as Antoni was an experienced carpenter, he should have ensured that the area was safe and level by placing a plywood sheet under the saw before use. Antoni’s lawyers counter-argued that, because the saw was already in place, it wasn’t Antoni’s responsibility to set it up and ensure it was safe.
The case is due to continue later this month.
Posted: February 19th, 2016
A social worker who was injured while on the job has received an unknown settlement of compensation from the HSE for the injuries he sustained.
Joseph Kavanagh, of Enfield, County Meath, was working in a Special Care Residential Unit as a social care worker dedicated to helping young people with behavioural issues. In June 2009, he was asked to accompany a particular young person-who must not be named for legal reasons-while their family visited them. During the visit, the youth became visibly agitated, and attempted to run away from his carer.
Joseph attempted to pursue the boy, but while he was running he twisted over his knee and fell to the pavement, cracking his kneecap. Joseph has since experienced difficulty in performing regular daily activities due to ongoing pain in the region. He was also left with a scar-four centimetres long-on his knee from his injury.
The social care worker sought legal advice, and made a claim for compensation against his employer, the Health Service Executive (HSE). Joseph claimed that his employer should have carried out a risk assessment of the family visit, considering the boy had displayed agitated and nervous behaviour prior to the family visit. He argued that there should have been another social worker on hand to help Joseph should the youth act out due to this behaviour.
The defendant denied liability for their employee’s injuries, and Joseph brought his claim to be heard by Judge Francis Comerford in the Circuit Civil Court. Before the HSE was able to present its defence against the social care worker injury claim for compensation, the judge was informed that a settlement had been agreed by the legal parties of both sides and that the claim had been resolved.
The details of the settlement were not released to the public, but the liability for Joseph’s injuries was shared between the defendant and the plaintiff equally. Joseph was further awarded his legal fees, and the case was struck from the Circuit Civil Court.
Posted: April 3rd, 2015
Taxi drivers have started to install dashboard cameras to prevent fraudulent car accident claims according to a report in the Irish Mirror.
The report alleges that a significant number of fraudulent car accident claims have been made by members of the public who have deliberately walked in front of – or thrown themselves in front of – slow moving vehicles in Dublin City Centre, in areas where they are sure of not sustaining a serious injury due to the low speed limits.
One taxi driver told the Irish Mirror: “I was almost caught out a few months ago when a man jumped off the pavement in O’Connell Street and landed in front of my taxi. I noticed a man weaving his way in and out of the crowds quite hastily and it just struck me it was suspicious so I started to slow and by the time he had thrown himself out in front of my taxi I had managed to slam on the brakes”.
The taxi driver has since bought a dashboard camera to avoid being held liable for fraudulent car accident claims in the future. He said: “Being on the road all day every day for the past 10 years I thought I had seen it all in terms of scams and dodgy claims ploys but this one takes the biscuit.”
Christy Humphreys from the National Private Hire and Taxi Association contributed to the story in the Irish Mirror by saying; “There’s a lot of this going on and drivers are terrified of falling victim to it. But drivers are reporting people now throwing themselves in front of taxis. Like there’s nearly too much going on to get your head around.”
The lobby group Insurance Ireland has also set up a special committee in a bid to tackle the issue and has identified six locations where there has been a spate of fraudulent car accident claims – the locations being Swords and Tallaght in Dublin, Galway, Cork, the Border region, and Ennis in County Clare.
Posted: August 1st, 2014
A settlement of €1 million compensation for a pedestrian injured in a car accident has been approved at the High Court in favour of a sixty-year-old woman.
On September 9th 2011, Elena Schiopu from Dublin was attempting to cross the Morehampton Road with a buggy containing her young granddaughter. A car stopped to give way, and Elena stepped out from the pavement. As she did so, Elena was hit by a vehicle that had attempted to undertake the stationary car, and despite suffering cuts and bruises, Elena continued home with her unharmed granddaughter.
On arriving home, Elena started to experience a weakness in her arms and legs and later developed slurred speech. She went to hospital for an examination and was admitted before being transferred to intensive care as her condition deteriorated. Elena remained in intensive care for seventeen days – during which time she was diagnosed as quadriplegic due to a brain injury. Elena lost all method of communication and is now confined to a wheelchair.
In 2012, Elena was moved into to a specialist nursing home where she can receive 24 hours-a-day specialist care and a claim for compensation for a pedestrian injured in a car accident was made on Elena´s behalf by her daughter against the driver of the vehicle that had hit her – Eamon McElwain of Donnybrook in Dublin.
McElwain´s insurers contested the claim for compensation – arguing that their policyholder had not been speeding or driving dangerously and that Elena had failed to pay attention to the road conditions as she stepped out from the pavement. Elena´s solicitors countered by saying McElwain had engaged in a dangerous manoeuvre and should have been aware that there was the potential for a pedestrian to be crossing the road.
The two parties negotiated a €1 million settlement of compensation for a pedestrian injured in a car accident; but, due to the fact that the claim was made on Elena´s behalf as she was not able to represent herself, the settlement had to be approved by a judge before the case could be resolved.
Due to the magnitude of the settlement, the case was heard by Ms Justice Mary Irvine at the High Court. Judge Irvine was told the circumstances of Elena´s accident and the nature of her injuries, after which she commented that this was a particularly distressing case, and she extended her sympathies to the family as she approved the settlement of compensation.
Posted: July 15th, 2014
The High Court has approved a €1.2 million settlement of compensation for a hit and run brain injury in favour of a former veterinary student who was hit by an uninsured drunk driver.
Laura Byrne from New Ross in County Wexford was just twenty-one years on age when – on June 20th 2009 – she was hit by a drunk driver in John Street while talking to friends in the street. The driver – Karol Chrzan – panicked and left the scene of the accident, later admitting to police that he had drunk six beers and some vodka before driving his partner´s car, for which he was not insured.
Laura was rushed to Waterford Regional Hospital and later transferred to Cork for treatment to a brain injury she sustained when hitting her head on the windscreen of the car driven by Chrzan. Despite intensive treatment, Laura still has problems with her balance, has one arm weaker than the other and suffers from double vision. As a result of her injuries, Laura had to abandon the veterinary course she was studying at college.
Chrzan was charged with dangerous driving causing serious harm and sentenced to three years imprisonment. He was also banned from driving for six years. Laura made a claim for compensation for a hit and run brain injury against the Motor Insurers Bureau of Ireland (MIBI) – the body responsible for settling claims against uninsured drivers – and a settlement of €1.2 million was negotiated to account for Laura´s injuries and her lost opportunities.
At the High Court in Dublin, Ms Justice Mary Irvine was told of the circumstances which led to Laura´s injuries and of Chrzan´s subsequent conviction for dangerous driving. The judge approved the settlement of compensation for a hit and run brain injury – commenting that it was a very good one in the circumstances – and saying while no amount of money would compensate Laura for the trauma she had suffered and the opportunities she had missed, she hoped the extra money would make life better for her.
Posted: May 8th, 2014
The High Court has approved a settlement of compensation for injuries sustained in a bus accident in favour of a young Spanish student, who was hit by the bus as he was fleeing from other youths.
On February 4th 2009, Carlos Tesch was walking with fellow Spanish students along Herbert Road in Bray, County Wicklow, when the group was approached by a number of youths, who had previously been verbally abusive to them.
Carlos ran into the street in order to avoid the older boys, but as he did so he was hit by a bus coming up the road from behind him. Carlos suffered serious head injuries in the accident, including the fractured base of his skull, for which he has subsequently twice been to China for stem cell treatment.
As a result of his injuries sustained in the bus accident, Carlos is unable to speak and can only walk a few steps without assistance. His father – Hams Tesch – has given up his managerial position to care for Carlos, who is able to attend classes in his home town of Bray, County Wicklow, during term time.
Through his father, Carlos claimed compensation for his injuries sustained in the bus accident against the operators of the Bray bus service – Dublin Bus. Dublin Bus contested their liability for the boy´s injury, claiming that it was unreasonable for the bus driver to have predicted that Carlos would run out into the road in front of the bus.
The case went to the High Court last year, where Dublin Bus were found 70% liable for Carlos´ injuries because the bus driver had been distracted by a passenger just before Carlos ran out into the road. Dublin Bus appealed the verdict, but the decision was upheld by the Supreme Court, and the case was returned to the High Court for the assessment of damages.
At the High Court, Ms Justice Mary Irvine was told that a €9 million settlement of compensation for injuries sustained in a bus accident had been negotiated and, after hearing the circumstances of Carlos´ accident and the care and devotion his father has shown for him in the five years since, Judge Irvine approved the settlement – adding she was aware of the sacrifices that parents will make when their children are badly injured.
Posted: April 7th, 2014
A court has approved a settlement of injury compensation for a scooter accident on a Dublin City path in favour of a young girl who suffered a serious arm injury in a fall from her bike.
On May 31st 2007, Charlotte Clapperton was aged just nine years of age and was riding her electric scooter along Tyrconnell Road in Inchicore, Dublin, when she hit a raised section of the footpath. Charlotte fell from her bike and landed heavily on her left elbow.
Charlotte had to undergo two operations on the elbow to repair a broken bone and has a 10cm scar as a reminder of the injury. Whereas before her accident Charlotte was a keen gymnast and Irish dancer, she can no longer partake in these activities, and she has still not regained full flexibility of her elbow.
Through her mother – Collette Clapperton of Bluebell in Dublin – Charlotte claimed injury compensation for a scooter accident on a Dublin City path, on the grounds that the path was in a poor condition because the roots of nearby trees (which were Dublin City Council´s responsibility to maintain) had grown up through the paving slabs on the footpath.
Dublin City Council acknowledged that the footpath was in such a state to render it a hazard, and a settlement of injury compensation for a scooter accident amounting to €125,000 was agreed. However, before Charlotte´s claim for scooter accident compensation could be closed, the settlement first had to be approved by a judge as the claim was made on a child´s behalf.
Consequently, the circumstances of Charlotte´s accident and injury were heard by Ms Justice Mary Irvine at the High Court; who, after inspecting the scar on Charlotte´s arm, approved the settlement and awarded the Clapperton family the costs of their action.
Posted: January 15th, 2014
The Road Safety Authority has published provisional data relating to fatalities in car accidents during 2013, and has attributed the higher number of fatal injuries to drivers and passengers not wearing their seatbelts.
Each year the Road Safety Authority (RSA) publishes provisional details of accidents on roads in Ireland ahead of their annual report, and the unconfirmed figures for year-ended 31st December 2013 have just been released.
In a reversal of the general downward trend since the RSA started producing annual reports in 1997, there were more fatal collisions (181) and fatal injuries (190) in 2013 than there were in 2012 (152 and 162 respectively).
Drivers accounted for 95 of the fatalities in car accidents recorded by An Garda Siochána (78 in 2012), with the number of car passengers who sustained fatal injuries also increasing from 27 in 2012 to 32 in 2013. The 63 remaining deaths on Irish roads were accounted for by vulnerable road users such as pedestrians (31), motorcyclists (27) and pedal cyclists (5).
Various factors are blamed for the increased number of fatal accidents in Ireland – noticeably how the number of motorcycle accidents increased during the summer months because of the fine weather – but these were countered by the decrease in fatalities among the 21-25 age group (32 > 27) and those which were attributable to speeding.
However, the RSA did point to a substantial proportion of fatalities in car accidents which may have been avoided in the driver and/or passenger was wearing a seatbelt.
In all fatal collisions in which a car user had been killed – and in which An Garda Siochána could determine whether the victim(s) had been wearing a seatbelt – the fatally injured driver and/or passenger had not been wearing a seat belt 38% of the time.
The conclusion drawn by the RSA was that more emphasis on seatbelt wearing was required – both for drivers and passengers.
Posted: June 1st, 2013
A six-year-old child, who had his right arm severed by a lawnmower blade, has had a settlement of lawnmower accident injury compensation approved at the High Court.
Conor Byrne from Kilva in Cork was weeks away from his third birthday in May 2009 when the accident happened in his aunt´s garden in Carrigogna. His mother had visited her sister to help sow some flowers in her garden and, while she did so, Conor was playing on the veranda of his aunt´s home.
However, while he was playing, Conor fell from the patio to the lawn, where his cousin was cutting the grass with a drive-on lawn mower. Despite the blade of the lawnmower being protected by a safety guard, Conor´s right arm went beneath the guard as he fell and his right arm was cut off just below the elbow. Conor was immediately hurried to Cork University Hospital, but doctors could not re-attach the amputated arm.
Conor´s father – Ciaran – made a claim for lawnmower accident injury compensation against his wife´s relatives – Tom and Mary Keohane – and, at the High Court in Dublin, Mr Justice Feeney heard that that a compensation settlement of €1.5 million had been agreed.
The judge was also advised that the value of the compensation settlement had been calculated with consideration of Conor´s expected losses in the future and included the cost of renovating the family home in Kilva. Mr Justice Feeney approved the settlement of lawnmower accident injury compensation after hearing that, despite his accident, Conor was doing well at school.
See also: http://www.injury-compensation.ie/
Posted: March 14th, 2013
A 49-year-old woman who was run over by a female driver while she was working as a lollipop lady has settled her compensation claim for a four figure sum.
Karen Littler (49) from Wigan, Lancashire claimed hit and run compensation against Ceris Lovett after Ms.Lovett collided with her in Aston-in-Makerfield in March 2012 and then failed to stop to see if Ms.Littler was injured.
Another motorist who saw the incident recorded the registration number of Ms.Lovett’s Honda and reported it to the Greater Manchester Police. She was later convicted of driving without due care and attention by Wigan magistrates.
The victim made a claim for hit and run injuries directly to the negligent party’s car insurance company who, despite the conviction of their policyholder, failed to respond in the required time frame to Ms.Littler’s request for compensation which eventually led to court proceedings being issued. Ms.Littler has now received an undisclosed settlement of her claim for hit and run injuries.
Posted: February 22nd, 2013
A 25-year-old Wicklow man has been awarded €300,000 in compensation by the High Court after he was hit on the head by the wing mirror of a council truck.
Mr Justice Iarflaith O’Neill heard how Ciaran Chestnutt was standing at pedestrian traffic lights on Paddy Brown’s Road, Waterford, on October 26, 2007 when he was struck by the mirror of a passing truck. As a result of the accident the victim suffered memory loss, the development of a permanent black spot in the vision of his right eye and a permanent scar on his forehead. The victim also lost his sense of taste and smell and missed a year of college.
Waterford City Council – which owned the truck- and employed the driver, denied their liability but after hearing evidence from witnesses representing both parties, Mr Justice Iarflaith O´Neill said he was satisfied the accident was caused by the negligence of the driver and therefore the Council was vicariously liable. Awarding the compensation the judge said Mr.Chestnutt’s injuries have had a huge impact on his life but he has done extremely well coping with his injury.
Posted: December 14th, 2012
A child has had his settlement of €100,000 for injuries he sustained when he was hit by a car approved by the High Court. Bartosz Zakrzewski from Birr, County Offaly was nine years old when his tricycle was hit by a car driven by Caitríona Kelly on An Coran Street in Birr.
The boy sustained head injuries, curs and lacerations to his body and also a broken leg. Claiming compensation for a road accident on behalf of her son, Monika Zakrzewski said Ms Kelly had been driving without due care and attention and in breach of her duty of care.
However, shortly before the case was due to be heard before the High Court, Ms Justice Mary Irvine was told that the two parties had reached a compensation settlement without Ms Kelly admitting liability for the incident. The judge approved the settlement.
Posted: November 23rd, 2012
In a landmark case, an Irish court has settled an overseas accident compensation claim made by a Dublin resident who was injured in a road traffic accident in France.
Peter Kelly (75) of Ranelagh, Dublin, suffered a hip injury which eventually led to him requiring a hip replacement after he was hit by a council maintenance van while crossing the Traverse de la Tour in Cannes in June 2009.
Mr.Kelly made an overseas accident compensation claim against insurers Groupama and although the insurance company accepted liability for Mr Kelly’s injuries, it argued that French law should be applied when assessing compensation as the levels awarded are considerably lower in France than in Ireland.
At the High Court in Dublin Mr Justice Iarfhlaith O´Neill accepted this argument but said that French compensation figures would be used as a guide only in determining the amount of compensation to be awarded for an overseas accident.
As Mr Kelly had been a very active person prior to the accident and was now no longer able to play tennis or cycle and was restricted in the normal day-to-day activities he could do without assistance. As his ‘loss of amenity’ was significant the judge applied the methodology under which a French court would make its award but increased the value of the overseas accident compensation claim to Irish levels.
Mr Kelly was awarded €63,900 for pain and suffering and as the two parties had already agreed on special damages of €24,267, the full amount of compensation awarded for the overseas claim was € 88,167.
Posted: August 6th, 2012
A woman from Dublin, has been awarded €79,000 in compensation after a car reversed over her after she had slipped and fallen.
Siofra O´Loughlin (24) from Rolestown, Dublin slipped on wet sand while trying to retrieve a ball on Dollymount Beach in July 2006 and was on the ground when a motorist reversed over her. According to a report given to the Gardai by Ms O’Loughlin and her friends, the driver of the vehicle stopped a short distance from the incident and saw Ms O’Loughlin injured on the ground before driving away.
Gardai were unable to trace the driver of the vehicle therefore Ms O’Loughlin had to make her compensation claim for a hit and run injury against the Motor Insurers’ Bureau of Ireland. The MIBI disputed the compensation claim arguing that a different version of events had been reported to Gardai however Mr Justice Iarfhlaith O’Neill dismissed their argument and awarding Ms O’Loughlin €79,000 in compensation for the injuries she sustained in the hit and run incident.
Posted: February 8th, 2012
A six-year-old boy, who was knocked from his bike by a neighbour reversing out of her drive has successfully been awarded compensation for a child bicycle accident.
Claiming through his father Eric Ryan of Lucan, Dublin, the court heard how Cian Ryan sustained terrible injuries to his leg after Ms Kishwar Shafgat knocked him from his bike in April 2009.
It was claimed that Ms Shafgat failed to keep a proper lookout when reversing and was therefore negligent. Mr Justice Nicholas Kearns heard that the victim still walked with a limp as a result of the accident and suffered recurring nightmares. The judge approved a compensation award of €87,000 for a child bicycle accident and set aside €1,000 so the victim could attend Old Trafford to see Manchester United.
Posted: December 16th, 2011
A Wicklow man has been awarded almost €16,000 in compensation after he sustained whiplash injuries that affected a training programme he was undertaking for weight loss.
The Circuit Court heard how Declan O’Hora of Blessington sustained injuries to his neck and shoulders following a road traffic accident in October 2008. The injuries prevented Mr. O’Hora from continuing with swimming exercises designed to assist with a weight loss problem, and it also led to the development of sleep apnoea which is a condition that disrupts sleep patterns.
As liability had been conceded by Brian Duggan of Knocklyon, County Dublin who was the negligent driver, Mr Justice Matthew Deery instructed that just under €16,000 should be awarded in compensation.
Posted: November 23rd, 2011
A man who suffered a serious brain injury from a hit and run accident after a night out, has been awarded €2 million in compensation by the High Court in Dublin.
Paul Gogarty (35) from Kingscourt, County Cavan was walking home after a night out when he was hit by a vehicle which failed to stop. The victim suffered a severe bilateral traumatic brain injury and as a result of this, he has been forced to give up his job as a factory worker.
The driver of the vehicle was never traced, therefore Paul’s brother, Oliver took a claim for road traffic accident compensation was brought against the Motor Insurers’ Bureau of Ireland (MIBI). The High Court heard how Paul’s injuries have left him requiring lifelong care and on-going treatment for post-traumatic epilepsy and as a result he has suffered persistent cognitive and behavioral problems.
Mr. Justice Nicholas Kearns was told that an offer of €2 million in compensation had been made by the MIBI which the family had agreed to accept and the judge approved the settlement adding that an application would be made to make Mr.Gogarty a ward of court.
Posted: September 25th, 2011
A Slovakian national, who is unable to walk or talk and he is now confined to a wheelchair, requiring 24 hour care after he was hit by a car in Belfast in December 2004, has been awarded £1,250,000 in personal injury compensation at Belfast High Court.
The court heard that Milan Rybansky (34) had only arrived in Ireland six weeks previously to take up a position as a journalist in Belfast. His parents brought the court action against the insurers of the car driver, who initially disputed the case on the basis that Milan had been using his mobile phone at the time to send text messages.
An agreement was reached on shared liability for the injuries received and Mr Rybansky has now returned to Slovakia where his treatment costs will be less. The compensation amount was approved by the Belfast High Court after checks were carried out on how the money from the settlement would be managed in Slovakia.
Posted: July 14th, 2011
A 14-year-old girl has been awarded €20,000 in wing mirror injury compensation at the Circuit Civil Court after she was struck in the head by a wing mirror at a pedestrian crossing on Old Finglas Road in March 2007.
Megan Ledden of Glasnevin, Dublin was knocked unconscious as she fell back and hit her head on the ground. As a result of the accident she was left with permanent faint scarring under the hairline on her forehead, although fortunately it is not visible. The claim for wing mirror injury compensation was taken against the owner of a mini-bus and Mr Justice Matthew Deery approved the settlement and also awarded legal costs
Posted: May 14th, 2011
A woman who was seeking €410,000 in damages for loss of earnings arising from a whiplash injury has had her compensation claim dismissed due to misleading evidence.
Mr Justice John Quirke heard that Mary Farrell of Finglas South, County Dublin was involved in a car accident with a bus belonging to Dublin Bus on June 14th 2004 at the junction of North Circular Road and Dorset Street.
Despite Ms Farrell’s claims that she had sustained a serious whiplash injury Dublin Bus provided the court with videos of Ms. Farrell mowing the grass and emptying the grass box over a wall, repeatedly raising her arm in the process.
Evidence of a comfortable lifestyle, including expensive cars and foreign holidays was also provided which was inconsistent with Ms Farrell’s claims that she had suffered a substantial loss of earnings.
Under the provision of the Civil Liability and Courts Act 2004 that allows for the dismissal of claims where a judge considers a claimant gave material misleading evidence to increase their compensation claim or in support of a false claim, the compensation claim was dismissed due to misleading evidence by Mr Justice Quirke.
Posted: September 28th, 2010
A former commonwealth cyclist has been awarded a record amount of compensation for their pedestrian traffic injury claim.
Manny Helmot, now 39, from Guernsey, represented the British Crown Dependency in the 1998 Commonwealth Games in Kuala Lumpur was awarded £13.75 million after he suffered serious injuries when he was hit by a car during a training ride in November 1998. Mr Helmot lost the use of his right arm, suffered partial blindness and sustained a brain injury as a result of his accident. He spent 36 weeks in hospital as a result of the injuries sustained in the accident.
The negligent driver – Dylan Simon also of Guernsey – was convicted of dangerous driving. Although an initial award of £9 million was made to the victim his mother, Rose, and her partner, Ken Jordan felt that this was insufficient to meet Manny’s lifelong needs.
Judge Jonathon Sumption agreed with them at the Guernsey Court of Appeal and ordered the negligent party’s insurers to pay the victim an additional £4.75 million. The amount awarded for the pedestrian traffic injury claim eclipses the previous record award in the UK of £11 million for a traffic accident.
Posted: July 17th, 2010
The family of a fatal bus accident victim have been awarded compensation for psychiatric trauma due to the prolonged grief they suffered when 14-year-old Jennifer Hoban died as a result of injuries she sustained when she was hit by a bus.
The schoolgirl was struck while crossing Killinarden Way in Tallaght on November 5th, 1997 and later died from her injuries. Her father Thomas Hoban sought compensation for the emotional trauma her two brothers and sister experienced due to her death when they were children.
Dublin Bus made the compensation settlement without admitting liability for the fatal bus accident.