The High Court has ruled that the estate of a man who died in a road traffic collision in Co. Donegal six years ago is 75% liable for the accident as he did not have a yellow flashing beacon on his tractor.
William Wilson passed away following the collision between his tractor and a car being driven by Darren James at 6:50a.m on January 12, 2018, on the N14 road between Lifford and Letterkenny.
Darren James is suing Wilson’s estate for damages arising from the accident.
Collision
In his written judgement, Justice Anthony Barr, said that on the morning of the accident both Darren James and William Wilson were travelling towards Letterkenny.
Although the road surface was wet, it was not actually raining at the time and the road itself was in good condition.
Darren James was travelling in a 2003 Seat Alhambra to begin his day’s work as a fruit and vegetable delivery man when his car suddenly hit something on the road in front of him.
He stated that he did not see any lights in front of him, all he was aware of was a loud bang from the collision.
William Wilson was driving his 1965 model Massey Ferguson tractor which had a transport box attached to the rear of the vehicle.
During the court hearing it was conceded that the yellow flashing beacon on Wilson’s tractor had not been illuminated at the time of the collision between the vehicles
As a result of the collision Wilson was propelled out of the cab rearwards and ultimately came to rest on the roadway under the front of James’s car.
The 68-year-old died at the scene of the accident as a result of the injuries he sustained.
James had to be removed from his car by the emergency services and was taken to Letterkenny General Hospital by ambulance.
Speed
One of the central issues in the case, was the speed at which Darren James was travelling at the time of the collision. The speed limit on this portion of the road was 100 km/h.
James could not recall the exact speed at which he was travelling, but was adamant that he had been travelling within the speed limit.
The court heard that the speedometer on his car had been stuck at 70 mph (113 km/h) immediately after the accident.
Based on evidence presented to the court, Justice Barr found James was driving at somewhere between 60/70mph at the time of the collision.
“This means that at the lower end of that possible window of speed, he could have been travelling just within the speed limit of 100 km/h (62 mph) at the relevant time,” the judge said.
“The court is satisfied that the plaintiff was travelling too fast for the circumstances that pertained on that particular stretch of road and on that particular morning.
“While the speed limit was 100 km/h, that does not mean that a driver can drive at that speed in all circumstances,” he added.
The court was satisfied that William Wilson’s tractor was travelling at approximately 5mph at the time of impact.
Tractor lights
Another issue that was the subject of some contention at the hearing of the legal action, was the level of illumination on the tractor at the time of the accident.
Mark Doherty encountered Wilson’s tractor some 2.8km further back on the road on the morning of the accident.
He told the court that he saw the rear red lights on the tractor and after he had safely overtaken, he noted that the headlights on the tractor were properly illuminated.
However, he stated that there was no flashing beacon illuminated on the cab of the tractor.
Gardaí told the court hearing that the lights on 1965 Massey Ferguson would not have been of the intensity or brightness, that would be found on a modern tractor.
There was no street lighting at the location of the accident and there was no evidence of any oncoming vehicle immediately prior to the collision.
The court was satisfied that it was unlikely that lights on nearby houses would have given additional illumination at the scene.
Under the Road Traffic Regulations 2014 it is mandatory for drivers of agricultural vehicles to have an illuminated yellow beacon on their agricultural vehicle, when driving on the public road.
The reason for this is that such vehicles normally travel at a speed that is considerably slower than the normal vehicular speed on public roads.
The court accepted that in this case the defendant had not illuminated his yellow beacon while driving at an extremely slow speed on the N14 road on the morning of the accident.
Justice Barr said that the issue of liability in this case essentially boils down to two questions: whether Darren James was travelling too fast; and whether he ought to have seen the presence of the William Wilson’s tractor in sufficient time to enable him to have avoided colliding into it.
Although the court was satisfied that Darren James was travelling too fast for the road conditions at the time, the vast quantity of liability for the collision must rest with the estate of William Wilson.
“To drive a large vehicle, such as a tractor, on the highway in the hours of darkness without
illuminating the yellow beacon, was highly negligent,” he said.
The court found that Wilson’s estate was 75% responsible for the accident and James was guilty of 25% contributory negligence.
High Court
The court heard that Darren James, who is now 36 years of age, suffered significant injuries as a result of the accident including fractures to his back and hand.
He experienced post traumatic stress disorder (PTSD) after the accident and is still taking antidepressant medication. He has also required extensive counselling.
The court found that James will not be fit for heavy manual work in the future and will continue to experience some pain and discomfort in his back and left hand.
Based on the evidence, the court assessed the appropriate level of general damages at full value for pain and suffering and disablement to date, to be €90,000.
The court added that the appropriate level of general damages into the future at full value, is €40,000.
The judge said it is appropriate to make some allowance for loss of earnings into the future.
The court assessed damages for loss of opportunity in the sum of €30,000 at full value.
The plaintiff’s actuarial report, which was admitted in evidence, states that his potential loss of earnings from the date of the accident to July 27, 2023 (the date of that report) was €121,600.
However, that report stated that that figure would have to be reduced by any net earnings which the James had since the date of the accident and by deductible social welfare benefits.
The court would allowed other items of special damages claimed, including €362 for pharmacy expenses; €1,920 for GP expenses; and €300 for travel expenses.
Justice Barr said he will await further submissions as to the appropriate amount that should be allowed at full value for loss of earnings to date.
The court will then grant judgment for the appropriate amount, having taken account of the apportionment of liability.