Posted: June 13th, 2015
A High Court judge has ruled that the victim of a hit-and-run accident was partially liable for his injuries.
The accident occurred on the 2nd November 2012 when twenty-five year old Anthony Driver, from Enniskerry in Wicklow, was waiting on a friend after a night out. He was hit whilst standing at Sidmonton Avenue Junction.
Anthony cannot remember much of the accident. He can recall that the car – which was never identified – briefly pulled over after hitting him, but proceeded to drive away. The driver did not check Anthony’s condition or call the emergency services.
Later that night, Anthony was found by a passing Garda. The Garda proceeded to take Anthony to the hospital, where he was diagnosed with extensive fractures to his spine and ribs, lacerations to his liver and other internal injuries.
Anthony spent a total of nine days in hospital, with four of them spent in the intensive care unit. Despite his treatment, Anthony still experiences pains in his back and found it difficult to eat.
To claim compensation, Anthony had to make his claim with the Motor Insurers’ Bureau of Ireland (MBI). The MBI handle claims where the perpetrator of the crime was never traced by the police, as is the case with Anthony’s accident. They also handle cases where the driver was uninsured.
However, Anthony’s claim was disputed by the MBI. This was based on a testimony from the Garda who found him, who described Anthony as “grossly intoxicated” on the evening of the hit and run. Taking this statement into account, the MBI argue that Anthony was partially responsible for his injuries.
The case proceeded to the High Court in Dublin to settle the liability dispute. There, the case was heard by Mr Justice Nicholas Kearns. Anthony confessed to the judge that he had been inebriated on the evening of the accident, which caused the MBI to restate their argument that he was somewhat liable for what happened.
The hearing was briefly adjourned before Judge Kearns returned to assign Anthony 75% contributory negligence for his hit-and-run injuries.