Woman receives €65,000.00 compensation following injuries sustained in car fire.
The High Court recently made a significant award of damages to a lady arising from an accident in which her car went on fire. The court heard that the car went on fire after recently being serviced. The case, brought by a motorist against the Opel Garage alleged that the garage serviced her four year old Opel Astra Coupe. It was also alleged that because the oil filter housing was left loose, this lead to oil leaking into the exhaust pipe and caused the fire.
The court was told that liability was admitted in the matter and the case proceeded as an assessment as to damages.
The incident involved the Plaintiff and a family member who were driving in Dublin when they realised that smoke was emerging from the inside of their car. The Plaintiff received an award of €40,000.00 in general damages to date and €20,000.00 for damages into the future along with out of pocket expenses at €5,638.00.
Paul W Tracey Solicitors
December 2010
BLOG- Twitter and Internet Ban for Jurors ?
Speaking at a recent event in London, the Lord Chief Justice indicated that Jurors must stop using the internet to research cases that they are involved in hearing.
The Chief Justice went on to say in a speech that the Jury system relied on evidence provided in Court.
The defendant has to have the right to hear and challenge and the suggestion was that if Jurors were carrying out their own research, that research could be inaccurate or false, leading to a mistrial.
The Chief Justice warned that allowing the public or reporters to use Twitter during court cases “is likely to increase the potential for prejudicial material to become available on the internet”.
He concluded that ultimately, the openness of the trial process upon which we all rely could be damaged.
It is a regular part of many jury actions where Jurors were asked to disregard media sources such as radio, television and internet.
These comments are believed to be the first relating to directions as to the use of Twitter and the Internet by jurors!
Dated the 23rd November 2010
Speed Cameras the battle for credibility continues!
The recent introduction of speed cameras into Dublin comes from the extensive use of cameras throughout the UK.
A recent battle has broken out between two pressure groups in this area as to the effectiveness of their use and indeed, the merit of cameras.
The situation has become quite polarised in England with a prominent road safety group known as Roadpeace coming into direct conflict with a group known as Tax Payer’s Alliance.
A recent review of Roadpeace refers to a report presented by the Tax Payer’s Alliance this year which challenges the effectiveness of speed cameras.
The main basis upon which the Tax Payer’s Alliance (TPA) argues their case is that the costs of the speed cameras far exceed their value.
In an aggressive response to this argument, Roadpeace quote a number of convincing statistics.
They refer to the Department of Transport Road Casualties and Deaths statistics for the year 2009.
This report states that road deaths have fallen to 2,200, 12% down on the previous year.
This is the lowest number of deaths ever recorded and contributed to another milestone for Roadpeace.
That study concluded that when cameras were introduced, they resulted in: -
- Reduction of 100 fatalities per annum (1745 killed and 4230 personal injury collisions in 2004)
- Reduced speeding by 74% at new fixed camera sites and 18% drop at new camera sites.
- Overall the proportion of vehicles speeding excessively fell by 91% at fixed camera sites and 36% at mobile camera sites.
- 2.7-1 benefit to society from the avoiding injuries in excess of 285million to enforcing costs of about £96 million.
The statistics prepared by Roadpeace are quite impressive and seem to have put paid to the argument of the TPA.
One interesting comment to be noted is the fact that the significant improvements appear to have occurred where the cameras are fixed and not mobile.
It will be interesting to see what statistics the Gardai and the RSA produce after the mobile camera units have been in place for some time in Ireland.
Will similar pressure groups step forward to argue against these cameras?
One would feel that this would be unlikely bearing in mind the carnage which has occurred on Irish Roads and the high level of backing that the AA have provided to the use of speed cameras.
Comments welcome!
Paul Tracey
Personal Injury Solicitor
Dated the 23rd November 2010
WORLD DAY OF REMEMBERANCE FOR ROAD TRAFFIC VICTIMS
I recently came across a site which gave details of Global Road Deaths.
The site run by Roadpeace, the UK based charity records that since January 2010, there have been 1,125,261 road deaths worldwide. Staggering isn’t it!
The charity has also organised the “World Day of Remembrance for Road Traffic Victims” which was held on the 21st November 2010.
The day in particular focuses on the overall scale and individual devastation caused by road deaths and injuries and the impact on families and communities around the World.
Almost 4,000 people are killed and many hundreds of thousands injured on the roads throughout the World every day. Many have to cope with the bereavement or effects of injuries and become part of a large community affected by tragedies on our roads.
The concept for the remembrance goes back to 1993 and was organised by Roadpeace and adopted by the United Nations in 2005 as a response to road victims for public recognition.
In light of the serious number of accidents in Ireland, there is certainly a case for a similar initiative to be adopted here in Ireland.
On the World Day of Remembrance for Road Traffic Victims, we mourn the estimated 1.3 million people who lose their lives on the world’s streets and highways each year, and we renew our resolve to prevent further deaths,” U.N. Secretary-General Ban Ki-moon said in a statement. “Many tragedies can be avoided through a set of proven, simple measures that benefit not only individuals and families but society at large.”
Earlier this year, the U.N. General Assembly declared the first-ever “Decade of Action for Road Safety,” providing an opportunity for global action. Ki-moon has called on all nations, international agencies, civil society organizations, and businesses and community leaders to ensure that the decade leads to real improvements. Governments have been directed to release their national plans May 11, 2011. The U.N. Road Safety Collaboration is encouraging measures to make roads and vehicles safer, improve the behavior of drivers and pedestrians, and enhance emergency services.
“If we all take these and other simple measures, we can give real meaning to this observance, thereby honoring the memory of the victims in the best way possible: with action to spare the lives of others,”
“My hope is that all governments and relevant stakeholders will make public their plans for the decade on May 11,” Krug said in a statement. “Those who have been directly affected by road traffic crashes and their families will have a vital role to play throughout the decade. This annual World Day of Remembrance will offer a place for the voices of these victims and for their families. They guide us in all that we do
Paul Tracey
Personal Injury Solicitor
Ireland
23nd November 2010
CYCLISTS NEED TO SEE THE LIGHT !
The recent change of the clock and the onset of the winter season has brought out the usual challenges for cyclists in Dublin.
An interesting article appeared in the Irish Times last week when a pedestrian complained that he has observed a number of cyclists colliding with cars. Whilst welcoming the arrival of Dublin Bikes, he commented that “many cyclists persist with cycling without any kind of lights”.
Legally cyclists put themselves & others at risk by not using lights & high visability clothing.
The basic safety equipment which is incorporated on the Dublin Bike Scheme are worth looking at as a ‘marker’ for safety standards.
Paul Tracey
Solicitor
22nd November 2010
Further Restrictions on Young Drivers to come into effect !
Speaking in the wake of the fatal car accidents in Kerry, Chief Executive of the Road Safety Authority, Mr. Noel Brett commented that a number of issues were shortly to be addressed in what is called the “Graduated Licence Scheme” which is shortly to be introduced.
The measures include the reduction of the alcohol limit for drivers, to 20mg per 100milli litres of blood from 80mg/100milli litres.
He said that this had already been passed by the Oireachtas.
In addition, he said that a new Learner Permit Process would be introduced in place of the Provisional Licence Scheme.
Under the new Scheme, it will not be possible to sit a diver’s test without having a learner permit for 26 weeks.
In addition, Learner Drivers must be accompanied by someone with a full Driver’s Licence for a period of two years.
The Graduated Licence Scheme may also require Learner Drivers to get a certain number of hours and to keep a log book in relation to their driving.
Despite earlier concerns, the new Law does not include curfews.
In light of the fatal accidents and indeed, the increase in the number of serious personal injuries sustained by young people in cars, it is hopeful that these proposals will assist in minimising both the deaths and personal injuries.
Learner drivers to face new strict rules.
In the wake of the multiple deaths in recent road traffic accidents new regulations
are to be introduced to make compulsory training for learner drivers a fact of life.
Recent car crashes, fatal accidents and serious injuries have featured in our newspaper headlines
In response the RSA (road safety authority) stated that a new gradation driver licensing system would shortly be introduced.
It is believed that the scheme will require new drivers to maintain a log book of hours spent practising.
In media comments following the fatal car accident in Donegal some commentators went so far as to suggest a curfew for young drivers to cut down on injuries and accidents.
It seems that that might infringe upon civil liberties but in the light of the recent tragic loss of life the topic was raised again.
New requirements may include a beefed up theory test and a mandatory requirement of hours of training with an approved driving instructor at a cost of up to €700.
Paul Tracey
27/07/2010
-
Cyclist Banned from the Streets of US town!
A town in the US has banned cyclists from its streets, with fines for cyclists of up to €68. The town called Black Hawk in Colorado, (yes believe it or not) which has a population of just above 100, is thought to be the first town in the US to make cycling illegal.
The new law has been introduced for “health and safety” reasons, said administrators of the former gold mining town, which in the 1990s decided to develop gambling to prevent the place vanishing altogether.
Apparently the decision is to prevent collisions between cars and bicycles on 19th-century streets that were designed for horses and carriages.
The town started enforcing the ban on 5 June 2010, five months after it passed the law requiring cyclists to dismount and wheel their bikes through the town.
Whilst the rule may seem little more than a version of our pedestrian street here in Dublin a number of American cycling groups are up in arms.
Is this a case of ‘Blackhawk Down on cyclists!!? ?’
Sorry couldn’t resist that!
A copy of the notification is attached.
BICYCLES PROHIBITED
City of Black Hawk Ordinances 2009-20 and 2010-3 states bicycles are prohibited within the City on certain streets. Signs are posted on Gregory Street, Main Street, Richman Street, Mill Street, Miner’s Mesa Road, Bobtail Street, and Selak Street prohibiting bicycles.
City Police Officers will ticket anyone caught riding on these streets.
Cyclist Banned from driving for ‘breaking a red light’!
A cyclist who broke a red light and seriously injured himself when colliding with a car a car has been banned from driving a car for a year.
This unusual case highlights the obligations of cyclist as road users.
The case which was heard in a Dublin District Court has surprised many commentators as convictions of this nature & bans are somewhat rare.
The law allows convictions to be endorsed on licenses & and driving bans imposed.
If an ‘offender’ does not have a current driving license the conviction may be endorsed on a subsequent license if one is applied for.
So it is cause for reflection for any cyclist ‘runs a light’ or ignores any other rule of the road as they could face a driving ban!
Cycle safely
Paul Tracey
Solicitor & Cyclist!
Lawyers take to the Stage!
It’s always interesting to see what’s going on in the world of lawyers
In Heuston Texas lawyers have taken to the stage with their own musical!
The show called Night Court ran in June 2010
Described as an original all-lawyer musical comedy benefiting charity.
Night Court is written by lawyers, performed by lawyers, with an orchestra and crew full of lawyers.
The show run is June 9-12 at the Wortham Center.
Proceeds benefit local charities, including the charitable works of the Houston Bar Foundation.
Anyone who got to see the show should let us know the verdict!!
Paul W Tracey Solicitors
www.traceysolicitors.ie
