The High Court has approved a €750,000 settlement of compensation for a brain injury in a crash with a lorry in favour of a twenty-five year old man.
Francis Smith from Edgeworthstown in County Longford was just eighteen years of age when – on 27th January 2009 – he crashed into a stationary council lorry while trying to avoid hitting a car that was heading towards him as he came off of a bend on the southbound carriageway of the road. The stationary lorry had stopped close to where Longford County Council was carrying out roadworks.
Francis sustained a traumatic brain injury in the accident, due to which he suffers from physical and cognitive difficulties and has had to give up his job in a local factory. As he is unable to represent himself legally, Francis´ mother claimed compensation for a brain injury in a crash with a lorry against Longford County Council on his behalf.
In her claim for compensation for a brain injury in a crash with a lorry, Francis´ mother alleged that the council had been negligent by failing to warn motorists of the roadworks on the southbound carriageway. She claimed that there were no warning signs, no bollards around the roadworks and that the council´s lorry projected into the road – creating a further hazard for motorists.
Longford County Council initially refused to accept responsibility for Francis´ injury and argued that Francis had been negligent by taking the bend at an excessive speed. However, after a period of negotiation, the two parties agreed on a €750,000 settlement of compensation for a brain injury in a crash with a lorry.
As the injury compensation claim had been made on behalf of a plaintiff unable to represent himself, the settlement went to the High Court to be approved by Mr Justice Kevin Cross. Judge Cross heard the circumstances of the accident and the impact it had on Francis´ life before approving the settlement of compensation for a brain injury in a crash with a lorry.
The judge noted that the €750,000 settlement represented a quarter of the claim´s full value and said that, in the circumstances, the settlement was a good one. Judge Cross closed the approval hearing by wishing Francis all the best for the future.