Man awarded compensation after being rear-ended by truck

High Court Reporters

A man whose car was hit from behind by a truck while he was stopped at a junction has been awarded more than €96,758 by the High Court.

Derek Coughlan (60), Meadowmount, Churchtown, Dublin, was rear-ended by a truck on August 13th 2020, when he was stopped at a main traffic junction heading in the direction of the M50 on a journey to his home from Howth.

He sued CGR Construction and Niall O’Sullivan, Priesttown, Kilbride, Co Meath.

He said he suffered significant injuries when his car was written off as a result of the impact from the large truck which had bull bars fitted to the front.

Liability was admitted and the case was before the court for assessment of damages only.

Mr Coughlan, who had a stent fitted following a heart attack in 2016, said his head and shoulder were sore and he felt sick and dizzy immediately after the accident. He was concerned that the stent may have been affected by the impact although it was later established that it had not been affected.

He said he suffered and continues to suffer pain in his upper body and shoulder and it made doing basic things like washing and dressing particularly difficult. He also suffered and continues to suffer from severe and persistent headaches which he never had before the accident.

Ms Justice Carmel Stewart heard arguments from both sides on what level of damages should be awarded on the basis of the seriousness of the injuries in accordance with the Personal Injuries Guidelines which were adopted by the Judicial Council in March 2021.

The judge said Mr Coughlan, a floor installer, has not worked since the accident. He was also no longer able to participate in his lifelong hobby of flyfishing.

She was satisfied that without the surgical intervention in the future, he will continue to suffer from the ongoing shoulder pain caused by the accident.

She awarded €75,000 in general damages for the shoulder injury with an "uplift/increase" of €15,000 for the additional injuries.

Added to agreed special damages of €6,758 for the purposes of him obtaining the requisite orthopaedic surgery to repair his shoulder injury, the total award came to €96,758.