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High Court determines that the estate of a tractor driver was 75% liable for a collision resulting in the driver's death and significant injuries to the plaintiff, on the grounds that the tractor's lack of an illuminated safety beacon contributed to the accident, which occurred on a dark, wet morning; and the plaintiff, who was driving within the speed limit, is found to be 25% contributory negligent for driving too fast for the conditions.
Road traffic accident (RTA) - liability - contributory negligence - safety beacon - tractor - personal injuries - psychological sequelae - loss of earnings - Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (SI 249/2014) - quantum - apportionment of liability - physical injuries - sightline - driving conditions - speed limit - estate of the deceased - fatal collision - agricultural vehicle - warning signs - lumbar vertebrae fracture - post-traumatic stress disorder (PTSD) - vocational assessment - general damages.
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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