Car Accident Compensation
In order to claim car accident compensation in Ireland, it has to be shown that you sustained an injury in an accident which could have been avoided had it not been for the negligence of another road user. A car accident claim for compensation is usually assessed by the Injuries Board Ireland, but it may be possible to get a quicker and more appropriate settlement of car accident compensation by using the services of an experienced work accident compensation solicitor to approach the negligent road user´s insurers directly. To find out if this would be a suitable course of action for your car accident compensation claim, call our free help line and discuss the circumstances of your car accident directly with one of our experienced Irish solicitors.
Posted: April 22nd, 2019
An agreement has been reached to to pay €3,500 in compensation to a man with a brain tumour who was asked to leave a licensed premises after he was mistaken for being intoxicated.
At the time the man was in the pub celebrating the end of rehabilitative treatment for his brain injury. He was also suffering from a bad limp due to his condition. However, staff of the premises mistook took this as a sign that he was drunk and asked him to leave, despite his best efforts at explaining the reasons for this.
The man, who was provided with legal representation by the Irish Human Rights and Equality Commission (IHREC), said that the incident had “caused him significant distress and embarrassment.” he made an application to the District Court for redress under the Intoxicating Liquor Act 2003.
Once an apology was issued, the matter was settled without court hearing after the licensed premises agreed to pay the man €3,500 compensation.
In addition to this, the management of the licensed premises have committed to attending an annual equality training course. There was no admission of liability required.
An IHREC spokesman said: “In addition, the licensed premises also agreed to provide a policy on treating all customers equally and making reasonable accommodation for customers with disabilities in line with obligations under the Equal Status Acts 2000-2018 and Intoxicating Liquor Act 2003,”
IHREC chief commissioner Emily Logan said: “As this case demonstrates, issues arising from brain injury should not mean you risk discrimination when out socialising. It is important that people providing services are trained and supported by employers in understanding the varied needs of their customers.”
She added that “the Intoxicating Liquor Act is acting as barrier for people in accessing justice when they face discrimination” because it says that they must take their case to the District Court, a course of action which necessitates legal representation. Ms Logan urged for these cases to be heard in the non-court setting of the Workplace Relations Commission in future.
Posted: January 23rd, 2019
A 36-year-old Chinese woman who sustained a significant head injury when she was involved in a collision with a bus as she was crossing a road despite the red light showing for pedestrians has settled a pedestrian accident compensation claim for €250,000 in the High Court.
Shu Zhang, who is once again able to walk but still requires full time care, sustained the brain injury in an incident where a Bus Eireann bus crashed into her at Aston Quay, Dublin in 2004. She took the legal action through her aunt Shao Ze.
Ms Zhang was knocked unconscious after she was thrown up into the air and landed on the ground close to the back wheels of the bus. Ms Zhang was in a coma for eight or nine days after the road traffic accident.
She claimed that the Bus Eireann driver made no attempt to prevent the accident and also that he was driving without any adequate regard for the presence and position of other vehicles or pedestrians. Bus Eireann denied these claims and contended that the claimant walked out from the crowd suddenly and into the path of the bus. This was despite the fact that pedestrian light at Aston Quay crossing was red.
Barrister Jerry Healy SC told the court that Ms Zhang was 22 years of age when the accident took place and that another individual, a male, had crossed the road slightly before Ms Zhang. He informed Justice Kevin Cross that Ms Zhang had first arrived in Ireland in 2003 and was a student and a part time care assistant.
Justice Cross explained to Ms Zhang’s family, who travelled from China to care for their daughter after the accident, that had the case gone to trial she may have lost and she could end up with nothing at all. The family had previously expressed some dissatisfaction with the settlement sum proposed.
A number of witnesses said that they had seen Ms Zhang push her way past bystanders before going out onto the road. Justice Cross told Ms Zhang’s family that the witnesses were willing to testify and their potential testimony could see the claimant could lose the case and receive no personal injury compensation.
Posted: May 15th, 2018
The driver of a truck that suddenly veered off the M8 Dublin-Cork motorway and struck a car stopped on the hard shoulder, killing a young mother on her way to see her sick new born baby in a Dublin hospital, avoided a prison sentence but was ordered by Court to pay €2,000 a year for five years, to a total of €10,000 to the parents of the victim.
The case, being heard in Tipperary Circuit Criminal Court, was advised that Nicola Kenny (26) died instantly from multiple injuries in the crash between the truck and the car in which she was travelling as a back-seat passenger. Truck driver Ciaran McBride (33) pleaded guilty to careless driving causing death between Junctions 10 and 9 on the M8 Dublin-Cork motorway on September 5 2016.
Judge Tom Teehan, in imposing a suspended 18 month prison sentence, said the evidence indicated it was most likely the truck driver momentarily fell asleep at the wheel rather than being distracted by a fit of sneezing as claimed.
He added: “He is somebody who is going to have to live for the rest of his days with the knowledge that he has caused the death of another human being and caused life changing effects to an entire family.”
Ms Kenny had given birth to a girl, Lily Rose, in Clonmel Hospital on September 4. Lily Rose, the little girl became ill and was rushed to Temple Street in Dublin. Ms Kenny had just been collected by her Thurles-based mother and aunt and was on her way to visit the baby in Dublin.
Judge Teehan was told that the defendant indicated to Gardaí he would plead at a very early stage and co-operated fully with the investigation. Mr McBride had contacted the Kenny family, through an Armagh priest, and offered to attend Nicola’s funeral. However, he agreed not to do so when he learned of the Tipperary family’s wishes.
Defence counsel Philip Sheahan said his client was deeply remorseful and was now suffering Post Traumatic Stress Disorder (PTSD).
Judge Teehan described it as a desperately tragic case with unthinkable consequences for the Kenny family. He imposed an 18-month suspended prison sentence and disqualified Mr McBride from driving for a period of five years.
Posted: February 17th, 2017
A musician who sustained injuries to her neck and arm in an accident between two taxis has received compensation in what the judge called an “exceptional case”.
On March 8th 2012, a musician from Ardnacrusha in County Clare – was a passenger in a taxi when it was rear-ended on Wexford Street in Dublin by another taxi. Despite the low-speed collision, woman suffered pain in her neck and right shoulder as a result of the accident. She sought medical attention from her GP the day following the incident. She was diagnosed with soft-tissue damage, and was prescribed painkillers for her injury.
When the woman applied to the Injuries Board for an assessment of her claim, the negligent taxi driver accepted liability for causing the accident and her injuries. However, the amount of the assessment, and thus the value of compensation, was rejected by the woman. She claimed the proposed settlement of compensation for an injury in a taxi accident did not reflect the full consequences of her injury, and in particular did not reflect her reduced ability to play music.
The Injuries Board issued an authorisation for the woman to pursue her claim against the negligent taxi driver in court. The case was heard at the Circuit Civil Court in Dublin by Mr Justice Raymond Groarke. The judge heard how the pain in her right shoulder prevented the woman from practising her violin several hours a day, as she was required to do to maintain her career. The defendants protested this claim, stating that her injury was unrelated to the “insignificant” collision between the two vehicles.
Judge Groarke admitted that the medical evidence in the case was “very conflicting” and that on the “balance of probabilities” the woman would likely made a full recovery from her injury and would suffer no long-term damages. However, while concluding that the injuries from the accident were “not particularly serious”, the judge acknowledged that the woman needed a perfect shoulder to practise her violin. As such it was an exceptional case, and even her not particularly severe injuries should be treated as serious for a “talented musician” like her.
Judge Groarke awarded the woman €25,000 compensation for an injury in a taxi accident, stating he accepted the plaintiff´s belief that the discomfort she suffers is related to the March 2012 accident.
Posted: July 30th, 2014
A woman from Dublin, who was knocked down by a car as she was crossing the road, has resolved her pedestrian brain injury claim after a hearing at the High Court.
Elena Schiopu from Dublin was attempting to get to the other side of the Morehampton Road on 9th September 2011, when a car travelling along the road stopped to allow her and her young granddaughter – who was being pushed in a buggy – to cross the road.
As she stepped out from the pavement, Elena was knocked over by a vehicle that had attempted to undertake the car which had given way. Despite suffering cuts and bruises as a result of the accident, Elena continued home with her unharmed granddaughter.
However, Elena later developed slurred speech and weak limbs, and she went to hospital for an examination. Elena was admitted to the hospital, and then transferred to intensive care when her condition started to deteriorate.
Elena lost all powers of communication due to a brain trauma she had sustained in the accident and was diagnosed as quadriplegic. Elena is now confined to a wheelchair and in 2012, was transferred to a specialist nursing home where she can receive the 24 hours-a-day care she needs.
Through her daughter, Elena made a pedestrian brain injury claim for compensation against the driver of the vehicle that had hit her – Eamon McElwain of Donnybrook in Dublin. McElwain´s insurers contested the pedestrian brain injury claim – arguing that their policyholder had not been speeding or driving dangerously.
They also alleged that Elena had failed to look as she stepped out from behind the stationary car, but Elena´s solicitors argued that McElwain had engaged in a dangerous manoeuvre and, with reasonable care, he should have been aware that there was the potential for a pedestrian to be crossing the road.
The two parties agreed a €1 million settlement of pedestrian brain injury compensation; but, due to the fact that Elena was unable to represent herself, the settlement of the claim had to be approved by a judge before the case could be resolved.
Due to the size of the settlement, the circumstances of Elena´s accident and the nature of her injuries were related to Ms Justice Mary Irvine at the High Court. Judge Irvine commented that this was a particularly distressing case, and she extended her sympathies to the family and she approved the settlement of the claim.
Posted: February 12th, 2014
A woman is to receive €10 million compensation for car crash passenger injuries after a settlement of her claim was approved at the High Court.
In September 2010, Lydia Branley from Kinlough, Country Leitrim, was left in a coma when the driver of a BMW Coupe she was travelling in lost control of his car at 150km per hour on the Ballinsodare slip road coming off the N4 near Sligo.
The car crashed through two roadside barriers, hit a telegraph pole and landed on its roof in a stream alongside the main road. The driver of the vehicle and another male passenger were thrown from the car, but Lydia was unconscious within the wreckage and had to be cut free by emergency services.
Lydia was taken to Sligo General Hospital by ambulance, from where she was transferred to the Beaumont Hospital in Dublin because of her critical condition. She regained consciousness nine months later, when it was discovered that she had lost the use of all her limbs and was unable to speak.
The BMW driver – Martin Kearney from Balinoo, County Mayo – was convicted of dangerous driving causing serious harm in June 2012 by the Roscommon Circuit Court, sentenced to six years in prison and banned from driving for a further twenty years.
Lydia made a claim for compensation for car crash injuries through her father against Kearney and Kearney´s father, who was the owner of the car involved in the accident. A compensation settlement of €10 million was agreed but, due to Lydia´s condition, the settlement had to be approved before the claim could be concluded.
Consequently, at the High Court in Dublin Ms Justice Mary Irvine heard how the car crash happened, whet injuries Lydia had received and how they will affect her throughout the rest of her life. Approving the settlement of compensation for car crash injuries, Judge Irvine commented that the money would not give Lydia back her life but she hoped it would provide her with a degree of normality.
Posted: March 19th, 2013
A man left with car crash quadriplegic injuries and severe brain damage after a road traffic accident has had a €6.5 million compensation settlement approved in the High Court.
Mr Alan Kavanagh (41) from Wexford, sustained his serious injuries when he and his daughter were involved in a head-on crash with a van being carelessly driven by Liam Toohey of Nenagh, County Tipperary in November 2004.
Mr Kavanagh was left in a quadriplegic condition, having suffered multiple fractures and brain damage. He is now totally dependent on others for nursing care and everyday help. He is unable to feed himself and is confined to his wheelchair.
Alan had made a claim for quadriplegic injuries compensation through his brother, at the High Court in Dublin, against Toohey and the owner of the van involved in the accident – John Heffernan, a haulage contractor, also of Nenagh, County Tipperary. They accepted liability for Alan’ injuries and the case was before the judge for assessment of the compensation settlement being offered only.
A settlement of €6.5 million had been offered which would provide financial security for the rest of Alan´s life and secure for him the level of care he needs.
Upon hearing evidence from Mr Kavanagh’s partner and mother of his daughter – Loretto Power – that the family was satisfied with the settlement of car crash quadriplegic injuries compensation, Ms Justice Mary Irvine gave the settlement her approval – saying that it was a perfect settlement which gave Alan the best potential for of meeting his future needs.
Posted: November 3rd, 2012
A woman, who suffered neck injuries due to a rear-end crash on a go-karting track, has been awarded more than 9,000 Euros in karting injury accident compensation at the Circuit Civil Court.
Karen Wimpory (31) from Maidenhead in Berkshire was visiting Dublin in March 2009 with friends on a hen weekend when, as part of the celebration, she and her friends went go-kart racing at Kylemore Indoor Karting racetrack.
Having signed a disclaimer which carried a warning that motor sport may be dangerous and “in the absence of any negligence on the part of the company” she was participating entirely at her own risk, Karen watched a safety video before climbing into her go-kart for a four-circuit warm-up.
It was at the end of this warm-up, Karen alleged, that she and other racers had been forced to brake abruptly because a race marshal had stepped on to the track. Although Karen was able to come to a halt in time, another driver had crashed into the back of her kart, pushing her neck and shoulders backwards and leaving with neck injuries similar to whiplash.
After seeking legal counsel, Karen made a claim for go-karting accident compensation against Grovepark Services Ltd., which trades as Kylemore Karting, alleging that her neck injuries were attributable to the negligence of the company. Grovepark Services did not accept that they were liable and the claim proceeded to court.
At the Circuit Civil Court, Mr Justice Matthew Deery was told that although Karen had watch the safety video and signed the disclaimer before commencing her warm-up, there had been no instruction given about what to do when traffic warning lights on the racetrack were illuminated.
Judge Deery was also advised by racetrack designer Stewart Cosgrave and race controller Denis Gaffney that, although it was improbable that a race marshal would walk onto the circuit in front of karts travelling in excess of 20 miles per hour, the marshal in question had since died in a road traffic accident and would be unable to provide evidence.
After hearing testimony from forensic engineer Pat Cullerton that the karts did not have headrests or neck restraints fitted, and that novice karters should have also been instructed to sit at full extension when driving, Mr Justice Matthew Deery found in Karen´s favour and awarded her 9,064 Euros in go-karting accident compensation plus costs.
Posted: August 29th, 2012
An insurance company has been ordered to pay aggravated damages in a whiplash compensation claim after failing to pursue allegations of collusion against the claimant.
Mr Justice Matthew Deery made the order against the AXA insurance firm after it had accused the injured victim of a rear-end accident – James O’Sullivan, of Clane, County Kildare – of colluding with a defence witness in order to support his compensation claim for a whiplash injury.
The judge was shown how the negligent driver in the case – Gary Reilly, of Ballyfermot, County Dublin – had sworn an affidavit concerning the events of September 27, 2008, when Reilly´s taxi rear-ended O´Sullivan vehicle in Eirhouse in County Dublin.
However Mr Justice Matthew Deery said that the allegation had not been followed up at the hearing and directed that AXA and Reilly pay aggravated damages of 3,000 Euros to O´Sullivan for the manner in which they had defended the whiplash injuries claim in addition to the award of 7,750 Euros for whiplash injury.
Posted: May 29th, 2012
A settlement of Luas injury compensation for an accident which left a Dublin man with traumatic brain injuries has been approved in court almost five years after the accident occurred.
Derek Cross (52) of Clondalkin, Dublin, was crossing the Naas dual carriageway to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am following a golf outing with friends.
As he crossed the road to reach the Red Cow Hotel taxi rank, Derek was struck by a Luas tram travelling from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has lead to Derek only being able to walk with the assistance of crutches and unable to work.
Derek made a claim for Luas injury compensation against the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take reasonable steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.
Ms Justice Mary Irvine at the High Court heard that the defendants had denied the claims based on Derek´s significant contribution to his injuries due to his inebriated state. However, an out-of-court settlement of 650,000 Euros had been agreeed which was before her for approval.
Approving the settlement of Luas injury compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas injury compensation had gone to trial there was a risk of losing the case.