Judgment: 2016-12-02 · Court archive

Driver 55% responsible after pedestrian crossing on red is hit in Dublin

The High Court apportioned liability for a 2011 collision at Merrion Row and Merrion Street Upper, finding the driver failed to keep a proper lookout and the pedestrian was contributorily negligent.

The High Court · [2016] IEHC 715

Who, what, where, when and why

Who
  • Cheng Zhang (Plaintiff)
  • Stephen Farrell (Defendant)
What

The High Court apportioned liability for a 2011 collision at Merrion Row and Merrion Street Upper, finding the driver failed to keep a proper lookout and the pedestrian was contributorily negligent.

Where

Places mentioned in the report

  • Dublin
When

Judgment:

Why

Reasons reported in the judgment

A driver was found 55% responsible for a Dublin collision with a pedestrian who crossed against a red pedestrian signal, in an interim High Court judgment on liability. The court attributed the remaining 45% to the pedestrian’s contributory negligence.

A driver was found 55% responsible for a Dublin collision with a pedestrian who crossed against a red pedestrian signal, in an interim High Court judgment on liability. The court attributed the remaining 45% to the pedestrian’s contributory negligence.

The collision happened at about 5pm on 17 April 2011 at the junction of Merrion Row and Merrion Street Upper. Cheng Zhang was crossing the junction when Stephen Farrell’s car turned left from Merrion Row and struck her.

The court heard that the hearing had been adjourned to allow Mr Farrell to have Ms Zhang examined by a psychiatrist. The parties agreed that the court could decide liability in the meantime, after hearing the liability evidence. They also agreed that the judge could consider the engineers’ reports without hearing oral evidence from the engineers. The judgment did not determine damages or the final outcome of the action.

The judge accepted the engineers’ evidence about CCTV and the traffic-light sequence. The footage showed Mr Farrell approaching with a green light and his left indicator on; the judge found the pedestrian signal was red as Ms Zhang crossed. The court also found she walked at a normal pace, had crossed about two-thirds of the road, and did not run out in front of the car.

Mr Farrell said he was driving at about 25 kilometres an hour and had slowed to make the turn. The judge found he was not speeding. But the court concluded Ms Zhang had been visible for about six seconds before impact and Mr Farrell had a clear view of the junction. He did not see her until the moment of impact. The judge found that, had he kept a proper lookout, he would have seen her before striking her.

The court also found Ms Zhang failed to take reasonable care for her safety by crossing while the pedestrian signal was red. The judge said she could have waited for a green signal. The judgment apportioned responsibility 55% to Mr Farrell and 45% to Ms Zhang. It records that no prosecution was brought against Mr Farrell arising from the accident.

Read the original court judgment

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