An undisclosed sum has been settled upon as compensation for a man injured in a hit and run incident during a break in proceedings on the first day of the hearing.
Anthony Driver (25) of Enniskerry, County Wicklow was stuck down by a car being driven by an unidentified driver at the junction of Sidmonton Avenue and Meath Road in Bray in November 2012. According to Anthony, the car stopped after hitting him, but the driver did not exit the vehicle. It then drove off without calling for an ambulance or offering any assistance to the injured Anthony.
The victim was only found when a Garda noticed him lying on the road. Anthony was quickly transported to hospital, where he was treated for a fractured spine, a lacerated liver and broken ribs. Various other internal injuries were also identified.
Anthony spent a total of nine days in hospital; four in intensive care, five in recovery. He suffered continuous back pain and experienced difficulty eating after being discharged.
The guilty driver nor the car who struck him was never found. As a result, the Motor Insurers’ Bureau of Ireland (MIBI) was responsible for dealing with the claim for compensation, as is required when the owner of a vehicle involved in an accident cannot be traced.
The MIBI denied liability for Anthony’s hit and run incident, as Anthony was described as “grossly intoxicated” by the police officer who found him on the road. Therefore, they claimed that it was Anthony’s own fault that the accident occurred, and he should accept some liability for his injuries.
As a result of the conflict regarding liability, the Injuries Board authorised Anthony to bring the case to court. Mr Justice Nicholas Kearns heard the case in the High Court last week.
Anthony did admit that he was drunk at the time of the accident at the hearing.The MIBI reaffirmed their case for Anthony accepting some liability at this statement.
During the lunch break on the first day of the trial, the two parties negotiated the case for settlement and liability. Upon his return, Judge Kearns was informed that Anthony accepted 75% contributory negligence for the incident due to his drunken state, and consequently agreed to an undisclosed sum as compensation for his hit and run injury.