Pedestrian's Accident Damages Reduced

A 40-year-old woman who was injured in a road traffic accident has had her compensation award reduced by two thirds after the High Court held that she was partly responsible for what happened.

The woman was struck by a Mazda sports car as she was crossing the road in Ballycastle, County Antrim. She suffered lacerations to her head when she hit the windscreen of the car, and a knee injury.

She sued the driver of the car, alleging that he was travelling too fast. However, the Court found that the woman had stepped into the road without checking to see if there was anything coming.

The Court reduced her compensation award from £40,000 to £13,000 on account of her own contributory negligence.

The woman's substantial loss of earnings claim was also found to be without foundation. She had contended that her injuries meant that she was forced to sell her small farm business, which she claimed yielded annual profits of £55,000. The Court described her account as 'fanciful' and she later accepted that her annual income was in the region of £7,500.

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