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
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
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!
Uninsured drivers in Ireland on the rise?
THE NUMBER of uninsured drivers causing road accidents has increased by approximately 10 per cent in 2009 according to the chief executive of the Motor Insurers’ Bureau of Ireland. (MIBI)
One suspects that this significant rise in the number of claims against uninsured drivers being processed by the MIBI is due to the economic downturn.
“It appears that the recession may have had an impact on the number of uninsured drivers on the road. It is a very worrying trend and an extremely serious issue. Driving uninsured is a criminal offence’’ commented a spokesperson for the MIBI
The MIBI is responsible for compensating victims of accidents caused by uninsured and unidentified vehicles. It also compensates victims or untraced motorists who cause accidents or who leave the scene of accidents.
Recent figures show that in 2008 the MIBI settled over 2,000 claims with uninsured drivers who were involved in accidents, most of which involved bodily injury.
Mr. Casey the chief executive of the Bureau estimated that the figure for 2009 will be approximately 10 per cent higher than in 2008.
Although the cost of motor insurance has been declining in recent years this problem has not gone away! “In real terms the cost of motor insurance is the same as 10 years ago. Premiums have been coming down and there is a lot more competition in the market place. Price is simply is not an excuse.”
He also rejected the claim that a lack of concern among drivers about Garda surveillance has led to an increase in the number of motorists driving without insurance. “There has been an increase in the traffic corps in recent years, and there are more and more roadside checks,” he said.
If you have had an accident caused by an uninsured driver or where a driver has left the scene or failed to stop at the scene it is important that you act promptly and comply with the requirements of the MIBI.
We at Paul Tracey Solicitors have extensive experience in this are of injury work and will be happy to assist you with any questions you have on this topic.
Tips if involved in an accident
-Call the Garda at the scene
-Take the names & addresses of any witnesses
-Seek medical assistance promptly if required
-Take prompt legal advice to ensure your rights are protected
Paul Tracey Solicitor 08/03/2010
(Paul Tracey is a lawyer based in Dublin specializing in personal injury litigation in particular road traffic cases where insurance issues arise.)
Cyclists in Dublin facts & figures on accidents
An eye opening report prepared by Dublin City Council from Garda statistics last year on cycling accidents throws up some revealing statistics on accidents involving cyclists.
There were approximately 427 collisions involving cyclists reported to the Garda in Dublin city over the period (2002 to 2006), 11 of which involved fatalities.
11 Fatalities
8 of these deaths were of cyclists killed by left-turning Lorries.
1 involved a vehicle hitting a cyclist when changing lanes
1 a vehicle rear-ended the cyclist
1 was caused by a stolen vehicle driving head on into a cyclist.
Cars involved in 70% of cyclist accidents
- Almost 70 per cent off all cycle collisions involved cars.
- Left-turning vehicles were involved the majority of fatalities,
- The most common collision involved right-turning cars. These accounted for just fewer than 20 per cent of incidents.
- The next most common type is classified as “side swipes”, accounting for 15 per cent of collisions. These occur where a vehicle overtaking a cyclist or changing lanes hits the bicycle.
- Door opening accidents accounted for about 14 per cent of incidents
- Left-turning vehicles hitting cyclists accounted for just over 12 per cent.
Crashes where the fault is more likely to be attributable to the cyclist accounted for a much smaller proportion of incidents. In just over 4 per cent a cyclist hit a pedestrian, while in fewer than 3 per cent of collisions a cyclist turned right into on-coming traffic.
The more serious a crash, the more likely it was to involve a vehicle turning left, according to the report.
While 73 per cent of fatalities were at a left turn (all involving HGVs) almost one-third resulting in serious injury to the cyclist involved a left-turning vehicle.
November the most dangerous month to cycle in Dublin?
The report also found that November was the worst month for collisions
Cyclists between the ages of 20 and 29 were the most likely to be involved in incidents
The traffic department is to put recommendations to city councilors tomorrow. Chief among these is a recommendation that Cyclops mirrors be fitted to HGVs so they can better see cyclists on their left. The report found that in the majority of left-turning collisions the HGV driver did not see the cyclist.
It also recommends that all cycle lanes be inspected annually.
Several collisions occurred when cyclists were forced to move out of the lane to avoid potholes or sunken gullies.
Top four types of cycle accidents
- Drivers turning right in front of an oncoming bicycle.
- Drivers hitting a bicycle when overtaking or changing lanes.
- Car doors being opened in front of cyclists.
- Drivers hitting cyclists when turning left.
Recommendations
- Segregation of bicycles and HGVs where possible.
- Awareness campaign on the danger of left-turning HGVs.
- Upgrade of cycle lanes to remove potholes, sunken gullies and poor surfaces.
- Enforcement of legislation regarding the use of bicycle lights.
- Encourage more cycling to produce a “safety in numbers” effect.
- Provide additional cycling infrastructure on a “most used routes” priority basis.
- “Cyclops” mirrors made compulsory on all HGVs.
Dublin Bikes prove a big hit- but what about insurance for accidents?
The Dublin Bikes scheme has proved a big hit with Dubliners and visitors to the city since its launch in September.
One interesting legal issue arising from the use of the bikes is the question of insurance in case of an accident.
What happens if a cyclist hits a pedestrian and injures him or her whilst using one of these bicycles?
Well one thing is clear the promoters of the scheme have set out their position on their website in their terms and conditions section, it reads as follows;
‘You are not insured by the provider to use dublinbikes and you do so entirely at your own risk. It is advised that you take out your own public liability insurance if you do not have such a policy already in place.’
Well cycling safely is clearly the first step. It would also be a good idea to check your household insurance policy and see if it covers the householder in the use of a bicycle and more particularly the use of a hired bicycle!
Visitors to our site might let us know what response they get from their insurance company’s on this topic.
Safe cycling!
Paul Tracey
November 2009
Personal Injuries lump sum compensation-lump sums system criticised.
An economist speaking in Dublin recently criticised the merits
of lump sum settlements as opposed to structured settlements.
The speaker Colm McCarty called for a debate on a change from the current system
where a victim of an accident gets a lump sum for their injuries and where relevant a sum to cover future loss and expenses and called for a debate on the concept of a structured settlement.
Structured settlements are common in a number of European countries and involve the victim getting an initial payment followed by an annuity.
Whilst a debate is to be welcomed on the subject the question may victims might ask would be who would manage their ‘lump sums’?
In light of recent economic conditions insurance companies and financial advisers would have some distance to go to win the trust of victims that their investment skills could meet this task.
The challenge for insurance companies will be the fact that cases could not be ‘closed off’ for many years leading to additional administration costs into the future.
The debate is an interesting one and one certainly set to run for some time.
In the meantime it goes without saying that prudent investment of settlement monies is essential for all victims of accidents in order to ensure that the resources are available to fund potential future expenses.
Paul Tracey
November 2009
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
