The High Court has dismissed Lorraine McGowan’s personal injury claim arising from a collision on the N6 Athlone bypass, finding her solely responsible for the crash. The court did not assess damages because liability rested with Ms McGowan. It said costs should follow the event, while allowing her legal advisers to apply on notice if they wished to be heard on costs.
Ms Justice Reynolds delivered the judgment on 11 November 2022. The collision happened at about 3pm on 23 October 2015, westbound beyond junction 9, where traffic joins the dual carriageway from a slip road. The drivers disagreed about how it happened. There were no independent witnesses; the court heard from both drivers, their engineers and Garda Tanner, who attended the scene.
Ms McGowan said she had joined the road and was overtaking Áine O’Neill’s Hyundai when Ms O’Neill suddenly moved into her path. Ms O’Neill said she had joined the inside lane and was hit from behind. The agreed sum of Ms McGowan’s claim for injuries and out-of-pocket expenses was €9,426.20.
The judge said both drivers’ accounts contained inconsistencies and found neither had deliberately misled the court. She considered their statements to Garda Tanner the day after the crash the most reliable accounts. Ms McGowan had said she did not know what happened; Ms O’Neill said she had been hit from behind.
The judgment also relied on the vehicles’ damage. Ms McGowan’s Renault had damage to its front left side, while Ms O’Neill’s Hyundai was damaged at the rear on the driver’s side. The judge said that damage supported the conclusion that Ms McGowan, while trying to overtake, became distracted or miscalculated and struck Ms O’Neill’s car from behind. She rejected Ms McGowan’s later account that Ms O’Neill had veered into her path, saying the damage expected in that scenario was not present.
The court therefore found Ms McGowan solely liable and dismissed her claim. The judgment determined liability only; no damages assessment took place.