A software engineer has been awarded €74,000 for injuries sustained when he fell off his motorbike, skidding 200 metres along the road, after being cut across by an unknown driver on a motorway slip road.
The High Court made the award to Aidan Crum (56) against the Motor Insurers Bureau of Ireland (MIBI), which is funded out of the insurance policies of every motorist to compensate victims of uninsured or untraced drivers.
Ms Justice Denise Brett said liability for the crash lies with the unknown driver. She was asked only to assess the level of damages due to Mr Crum.
In a judgment published on Wednesday, she said Mr Crum told the court he was travelling to work in Sandyford, Dublin, from his home in Laytown, Co Meath, at about 6.30am on February 1st, 2019.
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He said he was coming down a slipway at the Balbriggan interchange, about to enter the M1 when an erratic motorist cut in front of him without warning, causing him to brake suddenly, said the judge. The motorist then braked, causing Mr Crum to brake again and then fall from his motorbike and skid along the road for about 200 metres among heavy traffic.
Mr Crum said he came to a stop on his back with his head in a ditch. He injured his left wrist and ankle.
X-rays revealed several fractures and loose fragments in his wrist, which required surgery. Mr Crum had an allergic reaction to an antibiotic he received and required resuscitation during the procedure, the judge said.
He said he wore a splint and a sling for about six weeks and required intensive physiotherapy.
Mr Crum returned to work after one week. He said he would have taken more time off if it was possible, but he is self-employed and had to provide an income for his family.
He is left-handed and had some difficulties using his computer, he submitted. Mr Crum said he was also very sporty prior to the crash and has only been able to return to some activities on a restricted basis, he said.
He accepted his injury substantially resolved after six months, but he remains with some residual difficulties.
The MIBI submitted that Mr Crum has regained functional use, albeit not full range of movement, of his wrist, so it could not be categorised as “serious” under the new personal injuries guidelines.
Ms Justice Brett said she found the impact of the guidelines “inconclusive” about the award she should make. She was uncomfortable putting his wrist injury into the “moderate” category, as he has “more than pain or stiffness, he has a permanent restriction in movement which affects his lifestyle, activities and work and will do so in the future”, she said.
If she is required to make a finding on the category of this injury, she said it falls within the lower end of the “serious” category, as it referenced restriction of movement.
She awarded €45,000 for this injury. She uplifted the award by €21,000 to account for the 10cm surgical scar on his arm, minor ankle injury and psychological effects.
The €66,000 general damages were added to €8,000 in agreed special damages.
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