Proceedings dismissed where defendant’s vehicle was on the correct side of the road

By: James Cross BL

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High Court dismisses personal injuries action arising from road traffic accident, having determined that the defendant was not liable as his vehicle was on the correct side of the road at the relevant time.

Personal injuries – road traffic accident – evidence of crash - plaintiff’s apparent admission of fault at the scene of the accident - alleged contradiction between the defendant’s evidence and his statement at the scene to Gardaí - Civil Liability Act – 50:50 split in liability - road dimensions, position of vehicles after impact and evidence of Gardaí – Garda sketch – engineering evidence - debris field and point of collision - 70 foot tyre track on grass verge – point of collision - parties directly contradict each other - vast preponderance of evidence points to the likelihood that the point of collision was at or close to the position of the plaintiff’s car on the Garda sketch – there is no objective evidence that the collision occurred further up the road as contended by the plaintiff - inevitable conclusion that the defendant was on his correct side of the road at the time of the impact - in all likelihood the defendant’s vehicle was on his correct side of the road and indeed had swerved towards the grass verge by the time of the impact – defendant not liable – proceedings dismissed –

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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