Car Accident Aid News
Posted: January 23rd, 2013
A 12-year-old schoolgirl who lost her sister and best friend in a car accident has been awarded €200,000 compensation for the injuries she sustained in the incident.
Faith Varden-Carberry was seven years old when the car in which she was a passenger collided with a clay embankment outside Edgeworthstown, County Longford, in November 2007. Her mother Mary Carberry (36) the driver of the vehicle was banned from driving at the time due a previous accident, she was arrested and sentenced to six years imprisonment for her part in the crash.
Claiming through her grand-father Anthony Carberry the compensation claim was transferred to the Motor Insurers’ Bureau of Ireland (MIBI) as Mrs Carberry was uninsured. Mr Justice Peter Charleton was told in the High Court that a settlement of compensation for injuries in a car accident had been agreed amounting to €200,000. Approving the settlement the judge also allowed for €2,000 to be instantly withdrawn from it in order to allow Faith to have a new computer to assist her with her schoolwork.
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: October 3rd, 2012
A schoolboy who suffered horrific injuries after he was thrown against the windscreen of his mother’s car has been awarded €11.5 million by the High Court in Dublin following the accident in May 2008.
Ten-year-old Cullen Kennedyof Loughrea, County Galway was awarded the sum at the Dublin High Court. Ms Justice Mary Irvine heard that on the day of the accident Margaret Kennedy was momentarily distracted by her son while driving and crossed into the path of an oncoming car. Although neither she nor the driver of the other vehicle suffered serious injuries, her son was left quadriplegic and breathes through a ventilator after sustaining severe spinal damage.
The compensation claim was made by Cullen Kennedy’s grandmother against the Motor Insurers Bureau of Ireland (MIBI) as Margaret Cullen was an uninsured driver. The award of €11.5 million was made after assessing the care the victim had already received and what may be required in the future. The sum is the highest ever award of compensation for a car crash injury in the State’s history.
Posted: September 27th, 2012
A man, who requires around-the clock care after sustaining a severe brain injury in a car accident has been awarded €4.25 million in compensation.
In March 2008 the victim – who cannot be named for legal reasons as he is a ward of court – was thrown from a car in which he was a back seat passenger after it ran into a tree. He suffered severe mental injuries as a result and is now only able to communicate via a thumb up or thumb down sign.
Ms Justice Mary Irvine heard in the High Court that as the driver of the car was uninsured the compensation claim was made against the Motor Insurers Bureau of Ireland. The judge was told that an agreement had been reached between the two parties although the settlement of €4.25 million was reduced by 20 per cent due to the contributory negligence of the victim by failing to wear a seatbelt. The judge approved the settlement and ordered that the foster mother receive a payment upfront of € 544,800 to cover expenses and hospital bills already incurred.
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: July 27th, 2012
Four Dublin children have been awarded a total of €26,000 in compensation for injuries they sustained when the car in which they were travelling collided with a Garda patrol car.
Dean McEvoy (15) and his three sisters, Lauren (13), Cody (11) and Megan (10) suffered soft tissue injuries when a patrol car being driven ‘at some degree of urgency’ struck the car driven by their mother Lorraine McEvoy on the Tallaght bypass in November 2005. At the time of the incident the Garda car had no siren or warning lights on.
Circuit Civil Court President, Mr Justice Matthew Deery was told that the State had accepted liability for the accident only after a lengthy dispute was settled in the High Court and he was asked to approve the agreed settlements for the four children.
Posted: June 7th, 2012
A six-year-old boy, has been awarded €17,500 in compensation for a car accident injury after he was knocked down by a van while playing near his home in Tallaght, Dublin.
Warren Lavelle who was three year old at the time suffered head injuries and was left with a permanent scar on his head as a result of the accident on July 13 2008. At the Circuit Civil Court in Dublin Judge Jacqueline Linnane was told that the driver of the van John Connors, also of Tallaght, Dublin had already admitted liability for the accident leaving the judge to approve the car accident settlement of compensation.
Posted: May 18th, 2012
A 26-year-old women has had her €7 million settlement of compensation approved by the High Court. Valerie Bourke of Carrick-on-Suir, County Tipperary suffered serious brain damage after her car collided with a truck in May 2006 when she was 21 years old.
The accident occurred on the Carrick-on-Suir to Waterford road and from there Ms Bourke was taken to Waterford Regional Hospital where she remained for eleven months. She was then transferred to the National Rehabilitation Centre in Dun Laoghaire and from there to a neuro-rehabilitation centre in England six months later. In December 2008 – two and a half years after the accident- she was able to return home.
Ms Bourke’s parents had renovated the family home to accommodate her needs although the court heard that her mobility and cognitive functions remain limited. The driver of the truck Patrick Holden and its owner Stefan Gilchrist of Piltown, County Kilkenny admitted liability for the victim’s injuries and Mr Justice Iarfhlaith O’Neill approved the settlement ordering €4 million to be put aside for Ms Bourke’s future care. He also announced that an application was to be made to make Valerie Bourke a ward of court.
Posted: April 11th, 2012
A Dublin man has been awarded € 91,000 after successfully pursuing a post-traumatic stress claim after a car accident. Mr James Killeen (55) of Artane was trapped in his jeep for 90 minutes after it was violently struck from behind by a car driven by Mr Hongbo Guo of Castleknock, County Dublin, in November 2007.
The court heard that Mr Killeen became frantic while trapped due to his fear for his son’s safety who was also trapped in the jeep and also due to the presence of petrol fumes at the time. On his way to the hospital the ambulance Mr Killeen was travelling in, had to stop four times to allow him to vomit. He suffered soft tissue damage to his lower back causing him pain and discomfort.
Mr Justice John Quirke at the High Court heard that Mr Killeen had been involved in seven previous road traffic accidents between 1986 and 2009 and the psychological trauma of this accident resulted in an emergency admission to St Ita´s Hospital in 2008 as the result of attempted self-harm.
The court heard that the negligent party accepted liability for the post-traumatic stress claim after a car accident and the judge awarded Mr Killeen € 91,000.
Posted: March 28th, 2012
A family has been awarded compensation after a fatal road accident left a mother and child dead in 2006.
The incident occurred on July 9 2006 and Yvonne Mahoney (24) and her daughter, Bobbi-Ann (2) were killed when the car driven by Ms.Mahoney’s partner John Maloney (33) – who was also killed in the accident – collided with another car as it exited the crossroads junction at Lodge Cross, County Galway.
Claiming on behalf of her deceased daughter Mary Mahoney of Loughrea, County Galway alleged that Galway County Council failed to cut down, prune or trim the hedges at the junction meaning Mr.Maloney did not have a clear view of the road, it was also claimed that the council had failed to erect yield or stop signs. Mrs Mahoney also made a claim against Mr. Maloney’s estate alleging that he had been negligent with his driving. The court heard that the issue of liability had been withdrawn and Judge Mr Justice Moriarty awarded Mrs Mahoney and the family of the deceased children €100,439 in compensation after a fatal road accident.
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: January 12th, 2012
A 14-year-old girl has been awarded €21,000 in the Circuit Court after she suffered psychological trauma when her mother was knocked unconscious following a road traffic accident in which their car was rear-ended.
Charmaine Fitzgerald was 10 years old when the accident occurred near her school in March 2007. The force of the impact was so great that her mother Lisa Fitzgerald was thrown from the car and lost consciousness. At the time Charmaine believed her mother was dead and as a result of the psychological trauma of the event she visualised the crash every time she passed close to the so, and in the end had to change schools.
The defendant Paul Mullins offered €21,000 compensation for psychological trauma which was approved by Judge Matthew Deery.
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: October 12th, 2011
Represented by their father, three children have successfully claimed whiplash compensation for whiplash injuries they sustained when their mother’s car was rear-ended in an Accident in January 2007.
Circuit Court President Justice Matthew Deery heard how the children had received treatment for recurrent and protracted symptoms of their injuries from the family GP and a specialist consultant. In an action brought through the children´s father, Daniel and Thomas Hopkins were awarded €20,000 while their sister Rachael was awarded €16,000. The whiplash compensation awarded will be released to the victims from court funds when they reach 18 years of age.
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: August 6th, 2011
The frequency of the payment compensation system has been criticised by Mr Justice John Quirke in the High Court.
The judge was unhappy with the system of compensation settlements when awarding more than 5 million Euros to Caroline Bogue of Belturbet, County Cavan following a settlement with the Motor Insurance Board of Ireland (MIBI) after a road traffic accident.
Mr Justice John Quirke argued that staged payments for awards of personal injury compensation would be much more beneficial to victims as the value of this settlement represented just 60% of what the claim was worth. Ms Bogue suffered serious brain damage in May 2003 when the car in which she was a passenger, crashed into a tree just outside of her home town of Belturbet.
As a result of the accident Ms Bogue requires around the clock care, has difficulty sleeping as well as poor short-term memory and slow speech. The Judge commented that he believed the settlement would be insufficient for her lifetime and that she will become reliant on the State.
As the MIBI had argued that Ms Bogue was aware the driver of the car was uninsured there was a risk she would receive less compensation if the claim went to a full hearing. However a new payment compensation system for victims is due to be introduced shortly.
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: June 27th, 2011
A brain injury victim has successfully claimed compensation for a car accident after the uninsured car in which she was travelling as a passenger crashed into a tree, resulting in catastrophic injuries.
Caroline Bogue of Belturbet, County Cavan was awarded over €5 million in a High Court settlement in a case taken against the car driver Declan Bogue, the car ower Ciaran Bogue, and the Motor Insurance Bureau of Ireland. The settlement was made without the admittance of liability as it was argued that Caroline Bogue was aware that car was not insured and was allegedly taken without the permission of the owner. While awarding the compensation for a car accident Mr Justice John Quirke said that the case highlighted the need for a new system of staged payments in personal injuries cases.
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: April 10th, 2011
A Dublin man has been awarded €25,000 in the Circuit Civil Court after he sustained a needle injury on Dublin Bus from a syringe left on a seat. The accident occurred in February 2005 on the 78A at the Liffey Valley Shopping Centre terminus.
The victim, Garreth Quinn of Clondalkin alerted the driver who called an ambulance. Tests on the syringe found no contamination but it was still 3 years before it could be guaranteed that Quinn was not infected with hepatitis B or hepatitis C.
Awarding Mr.Quinn €25,000 in compensation for the needle injury on Dublin Bus, Judge Joseph Mathews found that visual inspections by Dublin Dub staff were not sufficient and that crevices in seats on buses should be probed for needles and syringes.
Posted: March 24th, 2011
The family of a woman who was killed in a drunk driving accident have been awarded €506,000 in damages at the High Court.
Bridget O’Reilly of Ballybeg, Waterford was killed when the drunk driver of a car she was a passenger in crossed over to the wrong side of the road and crashed head-on into another vehicle. The compensation claim was taken by her husband Edward O’Reilly against the drunk driver of the car Frank Prendergast of Tallaght, County Dublin, and the Motor Insurers’ Bureau of Ireland.
Mrs O’Reilly leaves behind nine children, the youngest of which was only 3 years old and they are now being cared for by her sister.
Posted: February 16th, 2011
A man who had his arm severed below the elbow by a truck has settled his road accident claim for a severed arm out of court.
Sean Geraghty of Oldcastle, County Meath had his right arm severed five inches below the elbow while adjusting his wing mirror. The incident occurred on the night of July 15, 2003 when it was argued that a lorry driven by Edward Gavin passed by Mr.Geraghty’s vehicle. The victim was taken to hospital but paramedics were unable to locate his arm at the accident scene and it was speculated in court that foxes or rats may have taken it.
The lorry driver denied that he was aware any collision had taken place at the time although blood was later found on the truck. Due to the injury sustained, the victim had to give up working as a driver and has been unable to resume sports such as swimming and pitch and putt golf.
The road accident claim for a severed arm was settled out of court.
Posted: January 20th, 2011
The family of a nurse killed in a road traffic accident involving Dublin Bus, have been awarded €575,000 in compensation.
52 year-old Maria Verdida was hit by a bus at a pedestrian crossing, the bus driver Frank Turner of Crumlin, Dublin, was driving at a safe speed but was temporarily blinded by the sun and failed to react in time to the light at a pedestrian crossing changing to amber. At the time of the incident, the bus was not carrying any passengers and the driver admitted full responsibility for the accident. He was banned from driving for four years, received a six-month suspended prison sentence and a €500 fine.
The husband of the deceased Resituto Verdida made the claim for compensation following a road traffic accident involving Dublin Bus and the court heard that the widowed husband has since moved back to the Philippines.
Posted: December 13th, 2010
A contributory negligence claim has been made by the estate of a drunk driver against two publicans after the driver who caused the fatal collision was found to be three times over the legal limit for driving.
John Connolly had been drinking since 11.30 am in the Diamond Bar in Tullaghan, Leitrim and in the late afternoon his car collided with a vehicle carrying a mother, Mary Flanagan, and daughter, Anne McSorley, resulting in injuries to the mother and the death of the daughter.
The High Court heard that the estate of Mr Connolly alleged that publicans Concepta and Seamus Kelly knew or ought to have known that he would drive on a public road. Mrs Kelly said in court “It is up to the individual themselves to know their own body. There are people who can drink and drive with three or four pints and people who cannot drive with one”. The contributory negligence claim was adjourned for one month by Mr Justice Kevin Feeney.
Posted: November 26th, 2010
The European Road Safety Charter has been signed by 12 Irish organisations in Dublin. Statistics from the European Union show that in 2008 there were 3 million road traffic accidents, 39,000 road deaths, and 1.6 million injuries.
The new charter focuses on measures that will improve vehicle safety, road infrastructure safety, and driver behaviour and is seeking to reduce the number of road traffic accidents in Europe. Road traffic injuries are estimated to cost 2 % of European GDP currently. The 12 signatories of the European Road Safety Charter are
Cavan Area Rural Transport, Community Transport Association of Ireland, Dún Laoghaire – Rathdown County Council, ECO Unesco, Headway Ireland, Irish Medical Organisation, Irish Road Haulage Association, Metroplex Ireland, Shell, The Irish Insurance Federation, Vantastic, and World Rally Team Ireland.
Posted: October 6th, 2010
A head-on traffic accident victim has made a settlement for £3m in compensation for road traffic accident injuries sustained in an accident in which two others were killed.
Owen Griffin, aged 26 and from Waterford suffered head injuries and was left in a coma after the car in which he was a passenger collided with a motorcycle in Scotland. As a result of the injuries sustained, the head-on traffic accident victim has been living in an assisted living home in Waterford since February 2007. The compensation settlement was made out of court.
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: August 1st, 2010
A 25-year-old woman has been awarded 4.35 million euro in compensation for a road accident at traffic lights after her car collided with another that had driven through a red light.
The victim suffered severe lower back injuries that make walking anything other than a short distance painful. Awarding the compensation in the High Court Mr Justice John Quirke criticised the fact that injury compensation law in Ireland only allowed lump sum payments rather than annual payments, the judge described it as a ‘lottery situation’.
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.
Posted: June 3rd, 2010
New guidelines for work traffic accidents have been released by the Health and Safety Authority and Road Safety Authority that educate businesses and the wider community about managing work related road safety effectively.
In accordance with the Safety, Health and Welfare at Work Act of 2005 employers are obligated to protect the health and safety of workers who drive for work.
Statistics show that 76 people die in work traffic accidents annually and a third of all road traffic accidents involve a work vehicle. According to the HSA, 42% of Irish businesses have no driving for work policy as part of their health and safety management system, therefore there is a question mark over the liability of employers when employees are involved in work traffic accidents.