The High Court has apportioned liability for a collision between a car and a tractor on the N14, holding the defendant, who was sued as representative of the tractor driver's estate, 75% responsible and the plaintiff 25% contributorily negligent. It has not yet fixed the final damages award: further submissions are required on past loss of earnings.
The collision happened at about 6.50am on 12 January 2018, between Lifford and Letterkenny. The tractor driver, William Wilson, died at the scene. The plaintiff was travelling to work in darkness on a wet road when his car struck the rear of the tractor. The court found that the tractor was moving at about 5mph and that the plaintiff was travelling between 60 and 70mph. It could not find that the plaintiff exceeded the 100km/h speed limit, but held that he was driving too fast for the conditions, including the darkness, wet surface and bends.
The court found that the tractor’s rear lights were not hidden by its transport box, but were probably weak. There was no street lighting at the collision site. The court accepted that the plaintiff did not see the tractor before impact and concluded that its presence would have been all but obscured from his view. The tractor’s yellow flashing beacon was not illuminated. The court found its driver negligent for failing to use the beacon, which was required for agricultural vehicles on public roads.
On damages, the court assessed general damages at full value of €90,000 for pain and suffering and disablement to date, and €40,000 for the future. It also assessed €30,000 at full value for loss of future employment opportunity. These figures remain subject to the 75:25 apportionment of liability.
The court accepted that the plaintiff’s injuries, including fractures to his sternum, spine and left hand, and psychological difficulties, left him unfit for heavy manual work. It also accepted that he had been unable to work since the collision. But it deferred assessment of past loss of earnings because information about net earnings and deductible social welfare benefits had not been provided. An actuarial report estimated potential past loss at €121,600 to 27 July 2023 before those deductions.
The court allowed special damages of €362 for pharmacy expenses, €1,920 for GP expenses and €300 for travel. It will hear further submissions on past loss of earnings before finalising the judgment and granting judgment for the appropriate amount.