January 27, 2016
A judge at the High Court in Dublin has approved a settlement of lorry accident compensation in favour of a man who was brain damaged in the collision.
On 27th January 2009, Francis Smith (then eighteen years of age) was driving near Edgeworthstown in County Longford, when he had to take evasive action to avoid a car heading towards him. As he swerved to miss the car, Francis ran into the back of a stationary council lorry that was parked by a set of roadworks.
Francis, who had a good job in a local factory at the time, suffered a traumatic brain injury in the accident – due to which he has cognitive and physical difficulties. He is no longer able to work and is cared for by his mother, Martina Dempsey.
On her son´s behalf, Martina made a claim for lorry accident against Longford County Council – alleging that the accident had occurred due to the council´s negligence. In the legal action, Martina claimed that the council had failed to give adequate warning by means of bollards or warning signs that work was underway, and that there was no flagman in place to warn oncoming traffic.
In the claim for a settlement of lorry accident compensation it was also alleged that the manner in which the lorry had been parked on the exit of a bend made it a danger to other road users. Longford County Council denied its responsibility for Francis´ devastating injuries, and said that Francis had significantly contributed to the cause of the accident by driving too fast into the bend in the road.
At the High Court, Mr Justice Kevin Cross was told that a settlement of lorry accident compensation amounting to €750,000 had been agreed between the two parties. After noting that the settlement of lorry accident compensation represented 25% of the full value of the claim, Judge Cross said that it was a good one in the circumstances.
The judge approved the settlement of lorry accident compensation and wished Francis all the best for the future.