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
€76k awarded to bus driver after suspension failure causes serious injury
A DUBLIN Bus driver injured when the pneumatic suspension on his vehicle failed as he drove over a speed ramp has been awarded nearly €76,000 in High Court damages.
The driver was represented by Dublin personal injury law firm Paul W Tracey Solicitors
The firm had sued the employer and a local authority on behalf of the injured driver (Dublin Bus & South Dublin Co Co) over the incident on the Tallaght to Bohernabreena Road on September 27, 2005, when the driver suffered injuries to his neck and lower back.
The driver had driven the 201 bus over three ramps on the road when, as he went over a fourth ramp, the suspension malfunctioned and caused a loss of “cushion effect” to the bus.
Mr. Justice Éamon de Valera sitting in the High Court awarded €75,911 damages against Dublin Bus. The judge said that the driver was entitled to succeed in his claim against the bus company but not against the council which had, he said, built the ramps in accordance with best practice.
The judgment went on to say that Dublin Bus had a statutory duty to ensure necessary measures are taken so that the equipment used is suitable, or properly adapted, for its purpose so that it can be used by employees without risk to their safety and health.
Where there is a risk or rupture or disintegration of equipment likely to pose a danger to health and safety, then appropriate protection measures shall be taken, the judge added.
Paul W Tracey Solicitors June 2010
Injuries Board Authorisations- what do I do next?
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents
In recent months we at Paul W Tracey Solicitors have found that we are receiving an increasing amount of queries from clients who have received authorisations from the injuries board for matters relating to accidents at work, road traffic accidents and other personal injury cases and are unsure as to what the next step in the process is.
What does the Authorisation mean?
If you have processed an injuries board application, the injuries board may issue an authorisation in 3 sets of circumstances;
1) The Respondent has declined to have the claim assessed; in these circumstances the respondent named on the injuries board authorisation has declined to permit to allow the injuries board assess your case.
2) The injuries board have reviewed your application and have deemed that due to the nature of your injuries the injuries board will not be able to assess your case within the time frame permitted under law.
3) An assessment may have been made by the injuries board but either you or the Respondent has declined the assessment, this could arise in circumstances where you are of the view that the amount of the assessment is in inadequate or the respondent is of the view that the amount of the assessment is excessive.
What Should I do?
Instructing a solicitor with expertise in this area like ourselves is the first step to secure your position
We can offer advice to you in regard to issuing Court Proceedings.
We always liaise with Senior and junior counsel when assessing such matters and we have over 20 successful years in specialising in personal injury litigation much to our very satisfied client base.
Please be aware that certain time frames exist under Irish law in order to permit you to commence court proceedings, it is therefore important that you contact our office in order to get initial advice in regard to these timeframes in order to avoid your case becoming statute barred under law.
What is the Cost?
Our initial advises are on a no obligation basis.
Contact us at law@traceysolicitors.ie or by phoning 00 1 8475656
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.)
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
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
Car Accidents : Time limits for personal injury actions
Under the Civil Liability & Courts Act 2004 a personal injuries claim, i.e., where you have suffered injuries as a result of an accident or incident, must be commenced within two years from the date of injury.
It is important to note that you cannot pursue a personal injuries action through the Irish Courts without first submitting your claim to the Injuries Board process.
It appears that a number of injured persons have failed to act within the 2 year period and as a result have had their cases ‘statute barred’ or ‘disqualified’ by delay.
The ‘new 2 years’ period has received little publicity and as a result has leaves visitors to this country particularily vulnerable to loosing their right to compensation in car and other accidents, where they believe that a 3 year period applies as in many countries such as the UK!
Added to the complexity of uninsured drivers and tracing ownership and insurance details , the area can be a ‘minefield’ for unsuspecting victims many of whom do not act until they discover that their injuries are not resolving.
Instructing a solicitor who can advise on these issues and protect the victims rights is strongly advised, particularily in the case of uninsured drivers where the requirements of the Motor Insurance Bureau are more exacting!
Paul Tracey
20/08/2009
Pesonal Injuries : Higher Number of High Court cases issued in 2008
The Courts services report shows an increase in the number of High Court caes commenced for personal injuries in 2008.
A total of 6,466 such cases were issued and increase of nearly 10% on the 2007 figure of 5951 such cases.
The data gives an indication that in the ‘post celtic tiger ‘ era people may be paying more attention to pursuing their rights than in previous years.
These cases would include, car accidents, work accidents, pedestrian accidents, bicycle accidents and accidents in public places
Of course the vast majority of these cases settle prior to court hearing with many never seeing the inside of a court.
The data seems to contract recent suggestions from the injuries board that ‘claims’ may be on the decrease.
It is also important to note that with a reduced period within which to initiate cout proceedings and the streamlining of timelines due to the Injuries Board process it may also suggest that more cases are being heard in less time than in previous years.
The volume of cases processes by the High Court on a daily basis is a credit to the Judiciary & Court staff who continue to work to provide a most effective service.
Paul Tracey
12/08/2009
