Phone Texts feature in Car Accident case.
In a recent case heard in Limerick the alleged use of a phone came into play
in the trial of a driver involved in a collision that claimed the life of two emergency workers
A court heard evidence that a mobile phone which was found on the driver’s side of a car which had been involved in a collision contained a number of text messages and calls made shortly before the accident.
The driver involved denied these allegations and the charges of dangerous driving causing the death
The accident involved the death of a garda and a fireman in road traffic accident back in 2007 and came on for hearing in Limerick recently
Apart from the obvious risks of texting or phoning whilst driving the case emphasises the potential admissibility of phone records into court in the event of a subsequent accident.
The case should act as a reminder to all drivers that distractions to drivers can have fatal
Effects and the availability of records of texting or of phone calls may feature in any subsequent prosecutions for dangerous, careless or more serious driving offences
Paul Tracey
November2009
Ward of Court – What’s it all about?
What is a Ward of Court?
When a person is unable to manage his assets because of a mental incapacity an application may be made to the High Court to have this person made a Ward of Court. The Judge will then make a decision whether the person is in fact capable of managing his or her own property and if they decide they are not capable the person is taken into wardship and a committee is appointed. The purpose of the Committee is to control the Wards property and make decisions in relation to same on behalf of the Ward.
When is a person made a Ward of Court?
To be made a Ward of Court a Court must be satisfied that the person is of unsound mind and incapable of managing his or her own affairs.
Wards of Court –what’s it all about?
Wardship is a legal solution to dealing with the affairs of a person who for one reason or another is unable to manage such matters. In order for wardship to come into effect an application is made to the High Court by a person (called the Petitioner) to hold an inquiry as to whether the person who is unwell (who is referred to as the Respondent) is of unsound mind and incapable of managing his or her personal property.
An application must be accompanied by two Doctors reports and Affidavits. Two separate Doctors must examine the proposed Ward and determine whether in their opinion the person is or is not capable of dealing with their own affairs.
When preparing to make an application the following information should be assembled about the Ward:
-His or her medical condition.
-His or her next of kin.
-A list of his or her assets.
-Details of his or her income.
A solicitor can assist prepare the application and the Court will then make a decision as to whether or not to conduct an enquiry. If the court decides the person is capable of managing their affairs the application will be rejected.
Should the Court decide that an enquiry is required the proposed Ward is then examined by a Doctor appointed by the High Court.
If the Court decides that the person should be made a Ward of Court a committee is appointed to deal with their affairs.
The committee is the person or persons under whose care the Ward is committed.
The scheme offers a solution to difficulties that arise as a result of unexpected illnesses where the finances of the sick person can be managed in an effective manner, whilst also providing the protection of the court of such assets.
For further information or assistance please feel free to contact Paul W Tracey Solicitors at 01 8745656 or e mail law@traceysolicitors.ie
Abuse redress scheme limited to victims under 18 years only!
The Supreme Court has overturned a High Court decision in favour of a female applicant which would have allowed her submit a case for redress despite the fat that she was over 18 years of age.
The High Court decision had it been followed in the Supreme Court could have meant residents of institutions covered by the scheme who were in care over the age of 18 up to 21 years of age might have been entitled to apply for compensation.
Submissions were made suggesting the age embargo was discriminatory, unfair & in breach of the Europen convention of Human rights
The decision will be seen as a dissappointment to many survivors of abuse who where hopeful that they might be included in the remit of the Redress scheme
Linked with the Governement’s refusal to extend the time period for applications to the redress scheme many survivors who have not had the benefit of the scheme have been left with a sence of disappointment.
One can only speculate as to whether any further steps will be taken to facilitate those victims not covered or eligible for redress scheme.
Paul Tracey
30/07/2009
Untraced driver causes serious personal injuries -€1 Million award approved by court
A lorry driver who was seriously injured when an unidentified driver drove into his path, causing him to swerve and overturn, has secured more than €1 million in settlement of his High Court action.
The driver, brought the case against the Motor Insurance Bureau of Ireland as the driver of the other vehicle involved had not been traced.
The settlement was approved this week in the High Court by Mr Justice John Quirke.
In his claim, it was alleged that the victim suffered very severe head injuries and had also sustained spinal and hip injuries as a result of the accident in Finglas, on January 20th, 2000. Dublin fire brigade had to extricate him from his vehicle.
The important role played by the Motor Insurance Bureau in compensating victims of road traffic accidents even where the careless driver is untraced or leaves the scene of an accident is to be noted from this case.
‘It is important to remember that victims of road traffic accidents , be they pedestrians, passengers, cyclist or drivers where the motorist causing the accident is untraced or leaves the scene of an accident may still be entitled to compensation.’
If you are the victim of a road traffic accident and require assistance please feel free to contact our offices without obligation.
Paul Tracey
Solicitor
24/07/2009
Personal injuries suffered by schoolboy in Dog Attack -Settlement offer approved by court!
A young boy who received severe injuries following an attack by a dog has received €17,500 euros in damages following the approval of a settlement offer in the Dublin Circuit court.
The 12-year-old schoolboy who was bitten on the arm by a neighbour’s dog, the court was told and his arm had been punctured in three places and he received 17 stitches.
The case highlights the importance of keeping dogs under ‘effective control’ as required by the law.
in cases where householders & dog owners do not have household insurance they can find themselves in the position of having to personally compensate victims in such cases.
Paul Tracey
24/07/2009
Car Accident -Child injured by uninsured driver has award approved by Circuit Court
Filed under: Accidents, Injury Law, Road Accidents, Uncategorized
A young Boy had an offer of compensation approved ib the Dublin Circuit Court this week. The award of €24,000 euros was approved by the President of the Circuit court after he considered the submissions of the boy’s counsel.
The plaintiff a Dublin schoolboy, who was injured on a bus trip to Donegal.
Circuit Court president Mr Justice Matthew Deery, heard that Peter O’Brien Hogan (15) suffered a broken leg when an uninsured driver ran into him.
Barrister Helen Louise Caffrey said Peter had just alighted from a bus in the Letterkenny Shopping Centre car park on June 22nd, 2006 when the incident occurred.
She said the motorist, from Co Derry, was uninsured and the claim was being met by the Motor Insurance Bureau.
The case highlights the role the the Motor Insurance Bureau of Ireland plays where a person is injured and the offending driver has no insurance.
Innocent Victims of car accident swhere the drivers have no insurance should be aware of their rights to seek compensation for their injuries & finacial losses.
Paul Tracey
24/07/2009
