Courts

Man died after being struck by car as he attempted to walk 35km in ‘horrendously foggy’ weather, court hears

David Hughes (31) was attempting to walk from Mullingar to Longford on N4 when he was hit by car

The family of Mr Hughes settled the cases for €50,000. Photograph: Rip.ie

Wed Mar 13 2024 - 17:37

A man who decided to walk more than 35km home in the early hours of the morning in “horrendously foggy conditions” died when he was struck by a car, the High Court has heard.

David Hughes (31), from Longford, was hit by one car on the N4 Mullingar to Longford road and may have been hit by a second car when it is believed he was already dead, Mr Justice Paul Coffey was told.

The family of Mr Hughes on Wednesday settled for €50,000 a number of High Court actions over his death.

The family’s senior counsel, John Paul Shortt, with Esther Earley, told the court it was “a horrendously foggy night” and before 1am when the collision occurred on the N4. Mr Hughes had been trying to make his own way to Longford.

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Counsel said the Garda report concluded that the car driver was not at fault because of the prevailing conditions. Mr Hughes also had not been wearing light-coloured clothing and was walking on the road, counsel said.

Counsel said liability was a major issue in the case. He also told the court that toxicology reports showed alcohol and traces of drugs in Mr Hughes’s system.

He said Mr Hughes was in a place he ought not to have been. He had been in Dublin and got a bus to Mullingar and from there decided to make his own way home to Longford.

Mr Hughes’ parents, Patricia and Denis Hughes, and his 11-year-old daughter, Lily, all of Teffia Park, Dublin Road, Longford, had sued the driver of the first car, Ruben Mateos, Killashee, Co Longford, and the second driver, Gina Forte of Navan, Co Meath, over the incident at Cullion Mor, Mullingar, Co Westmeath on February 28th, 2019.

It was claimed there was a failure to slow down and notice Mr Hughes on the road and a failure to slow down and drive with care having regard to the foggy conditions at the time.

The claims were denied and it was contended that Mr Hughes had stood in the middle of two westbound lanes of traffic on a stretch of road not designed for pedestrian use, with no lighting and at a time when visibility was unusually low due to very heavy fog and while wearing unsuitable clothing.

Noting the settlement and the litigation risk, Mr Justice Paul Coffey said it was a heartbreaking case for the Hughes family. He extended his deepest sympathy to them all.

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