A Burtonport man, Pauric Ward has been ordered to pay ¤5,633 to Madeline O'Donnell also from Burtonport following a collision between the two cars.
The case came before a special sitting of An Clochan Liath District Court last week where Judge David Anderson heard evidence of the circumstances surrounding the incident.
The Court heard from Garda Gareth Monaghan that on the date in question he was called to Lackenagh, Burtonport having received a report of a traffic collision. When he arrived at the scene he found two damaged cars, a green Renault Classic, driven by Madeline O'Donnell and a grey Nissan Almera, driven by Pauric Ward. He took measurements of the road and attempted to speak to the drivers of the car. Madeline O'Donnell was receiving treatment in an ambulance and Pauric Ward was also in the ambulance.
Garda Monaghan said the road was wet but it was a dry, dark night, with no rain and light wind. He said there was debris on the road but there were people moving it when he got there. He said that the Renault was "tending" in the direction of Dungloe and most of the damage was done to the driver's side, but Garda Monaghan could not conclude where to impact occurred from the evidence on the ground.
At a later date Garda Monaghan received confirmation from the PSV Officer that both vehicles were in good road-worthy condition.
Having taken statements a number of days later from both Ward and O'Donnell, Garda Monaghan confirmed they both denied any responsibility.
Solicitor, Mr Kieran O'Gorman stated that Ward's car had a sticker around the edge of the windscreen which was in contravention of the Road Traffic Act. At this point Judge Anderson intervened and stated: "Why does it only seem to be 23-year-old boys who get prosecuted for having 'Toyota' written on their car. What about 'L' plates, furry dice, flowers, hanging dolls, beads, garage ads and charity ads?" Mr O'Gorman added that the sticker on Ward's car obscured eight inches around the side of the windscreen which curtailed his entire view.
In his evidence, Pauric Ward told the court he had been travelling from Dungloe to his home at Meenagowan, Burtonport. On approaching the turn where the accident happened he said he saw the lights of a car on the other side of the road so he slowed as he came to the bend and dipped his headlights. As he exited the turn he saw the car driven by O'Donnell coming toward him.
"I steered the car as much to my side of the road as I could, the other car was going very quickly and her car was off the road."
In response solicitor Mr Eamonn McBride, Ward stated he was travelling at between 35 to 40 miles per hour before impact and the other car was travelling at between 50 to 60 miles per hour. He stated also that his car stopped almost immediately after the collision whereas the other car carried on travelling. Following the impact he tried to exit the driver's door but was unable to open it. When he managed t exit the passenger door he went over to the other car and another person had arrived on the scene who said the gardai had been called.
Mr Kieran O'Gorman asked Ward why the collision was not head-on, as he stated O'Donnell had been travelling in the middle of the road. Mr O'Gorman also pointed put that Ward did not mention the fact he had slowed down in his statement to gardai.
In her evidence, Madeline O'Donnell explained to Judge Anderson that on the evening in question she had left her home at An Choill, Burtonport at 10pm to visit her son in Dungloe.
She drove through a series of mild bends, but described the last one veering to the left where the accident occurred as a ninety degree bend. As she proceeded she saw a car coming toward her left-hand side. S
She said it was travelling very fast and the impact pushed her car into the verge. She maintained she was travelling at about 40 miles per hour. On impact she said her car felt as if it had been pushed straight back.
Under questioning she said a large rock was the only thing which stopped her car from carrying on into a field.
"I though I was dying there for a moment to tell you the truth. The impact was so fast I braked as fast as I could. Since then I haven't travelled on that road because I would be afraid the same thing would happen again."
Judge Anderson proceeded to dismiss the plaintiff's claim stating that it was up to both parties to satisfy him that things happened the way they said they did. He stated: "Mr Ward has not satisfied me that things happened the way they did. And given the location of the vehicles, Mrs O'Donnell has."
He ordered Ward to pay the amount sought by the counter-claimant of ¤5,633, plus witness expenses of ¤150.
