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.
Categories: Car Accident Compensation