The High Court has found a motorcyclist and van driver equally at fault for a 2017 collision at a junction in Killorglin, Co Kerry. Mr Justice Liam Kennedy apportioned liability 50/50 in a personal injury claim and a counterclaim for damage to the van.
The collision happened between 10pm and 10.30pm on 1 August 2017, where Ardmoniel meets Langford Street. The motorcyclist was approaching from Ardmoniel, a minor road controlled by a stop sign. The van was travelling from Killorglin and intended to turn right onto Farrantoreen Road. The motorcyclist had no memory of the collision because of his head injuries.
The judge rejected the van driver’s explanations that the motorcycle had pushed his van across the road or that he had crossed into the motorcycle’s path while trying to avoid it. The van ended up on the wrong side of the road, and the judge considered the photographic and expert evidence inconsistent with those accounts. He found it more likely that the driver had cut the corner, possibly while passing two vehicles ahead, and had failed to keep a proper lookout or remain in his lane.
The judge also found that the motorcyclist contributed to the crash. Although he accepted the motorcyclist’s evidence that he usually stopped at the junction, he could not conclude that the evidence established that he failed to stop on this occasion. The motorcyclist was required to give way and should not have entered until the road was clear. The judge considered it likely that he misread the two vehicles ahead as continuing onto Ardmoniel and did not appreciate that the van was turning across his path. Both drivers, the judge found, failed to keep a proper lookout and drove without sufficient care for the junction.
The court assessed general damages at €232,500, including €40,000 for loss of opportunity, and added agreed special damages of €11,823. The motorcyclist’s award is reduced by 50% for contributory negligence. The defendants’ agreed claim for the van’s write-off and associated costs is also reduced by 50% to reflect the First Defendant’s contribution.
The court said the motorcyclist was presumptively entitled to costs of the proceedings and the defendants to costs on the counterclaim. It listed the case for a short further hearing to confirm costs and address any other orders needed to conclude the proceedings. The judgment does not set a final costs order.