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
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.
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.
Death of Polish brings fine of €350,000
Death of Polish Worker brings fine of €350,000.
In what seems to be a too familiar reoccurrence a tragic accident has taken the life of a polish worker working in Ireland
The accident which occurred in April 2006 was the matter for a court hearing this month in which the Health & Safety Authority brought a prosecution against a Roscommon based building company.
The accident which led to the tragedy involved a fall from a teleporter.
Roscommon Circuit court found that there was a failure to put in place necessary safety measures and as a result the death had occurred.
Fines of €350,000 were imposed on the company & its director.
Whilst cases of this nature primarily concerns the enforcement of safety practice breaches of Health and Safety legislation can also lead to civil action for compensation for the loss of life and financial dependency.
A representative of the Health and Safety Authority commented ‘that the case should be a deterrent to other directors and senior managers who are not talking the legal and moral duties seriously.’
The significant numbers of Polish workers who have worked and continue to work in the construction industry in Ireland mean that this is not the only report of tragic loss of life as a result of carelessness and neglect by an employer.
Paul W Tracey
11/12/2009
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
Fatal Accidents – legal entitlements
In the case of a person suffers personal injury of such degree that they die of the injuries where liability (or fault) would lie in favour of the injured person, namely, where some otherperson is at fault for the injuries, the injured person’s right of action for compensation for pain and suffering ceases with the death of the injured person.
However, in these cases, under the Civil Liability Act 1961, a right of action continues, on the death of the injured person, in favour of the dependents(relatives) of the deceased person.
The method for the assessment of damages will differ from those applicable to a claim for ordinary personal injuries.
Instead, damages are calculated by reference to the Civil Liability Act in the sum of €25,394
Other headings of claim can be added to this namely financial loss to the dependents of the deceased person, arising from the death.
Loss arising from the absence of income would make up, by and large the greater share of this loss.
Funeral and travel expenses are recoverable.
In such cases the settlement of any such cases must be approved by the courts.
If you’d like further advise on this topic please contact Paul Tracey Solicitors at 01 8745656
or e mail law@traceysolicitors.ie
