THE “MINIMUM provision” for pedestrians in cities and towns has made “a marked contribution” towards danger to them on our roads, a High Court judge has said.
Mr Justice Peter Charleton was awarding €133,000 damages to a man who suffered severe injuries after he was knocked down by a taxi while crossing the road in Athlone.
Mr Justice Charleton yesterday ruled that taxi driver Patrick McCormack (57) and the pedestrian, Anthony McDermott (53), were both negligent concerning the incident, and therefore Mr McDermott was entitled to €133,379 damages, half of the full value of the case.
He found 50 per cent contributory negligence by Mr McDermott through “inattention and alcohol impairment”, while Mr McCormack was negligent in driving at more than 55km/h and not seeing Mr McDermott, who was wearing a white T-shirt, on the road before he was hit by the taxi.
Mr Justice Charleton was giving his reserved judgment on proceedings by Mr McDermott over an incident on August 26th, 2006, when he was knocked down on the Dublin Road in Athlone by a Toyota Camray taxi driven by Mr McCormack.
Citing minimum provision for pedestrians in Irish cities, the judge said unlike other countries, such as Switzerland, there was a marked absence of pedestrian crossings.
He found Mr McDermott crossed from his flat in Athlone to the centre of the road and then moved forward into the path of the taxi. Mr McDermott should have been seen, and it was evidence of negligence that he was not seen, he ruled.
