A brain injury claim for an accident with a lorry has been resolved with the approval of a €750,000 settlement of compensation for the accident victim.
In January 2009, eighteen-year-old Francis Smith from Edgeworthstown in County Longford was driving along a road on the outskirts of his home town, when he had to take evasive action to avoid a car heading directly towards him. As Francis swerved to avoid crashing into the approaching car, he drove into the back of a lorry that was parked ahead of some council roadworks.
Francis (now twenty-five years of age) sustained severe brain damage in the accident. He now has cognitive difficulty and mobility issues and has had to give up his full-time job at a nearby factory. He is no longer able to live independently, and is cared for at the family home by his mother – Martina Dempsey.
Martina made a brain injury claim for an accident with a lorry on her son´s behalf against Longford County Council. She alleged in her legal action that the council´s failure to give adequate warning of the roadworks was responsible for Francis´ injury. She also claimed that the lorry into which he crashed was parked so far out into the road that it was a hazard to vehicles driving in a southbound direction.
Longford County Council contested the brain injury claim for an accident with a lorry, arguing that Francis was the author of his own misfortune due to driving at too high a speed for the road conditions. However, at the High Court in Dublin, Mr Justice Kevin Cross heard that a €750,000 settlement of the brain injury claim for an accident with a lorry had been negotiated between the parties.
The judge approved the settlement after noting that it represented 25 percent of the full value of the claim. Judge Cross commented that it was a good settlement for Francis in the circumstances, and he closed the approval hearing by wishing Francis all the best for the future.