A settlement of Luas accident injury compensation for an accident which left a Dublin man with traumatic brain injuries has been approved in court almost five years after the accident occurred.
Derek Cross (52) of Clondalkin, Dublin, was crossing the Naas dual carriageway in order to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am after a golf outing with friends.
As he crossed the road to reach the Red Cow Hotel taxi stop, Derek was hit by a Luas tram travelling from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has resulted in Derek only being able to walk with the aid of crutches and unable to work.
Derek made a claim for Luas accident injury compensation against the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take proper steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.
Ms Justice Mary Irvine at the High Court heard that the defendants had denied the claims based on Derek´s significant contribution to his injuries due to his drunken state. However, an out-of-court settlement of 650,000 Euros had been negotiated which was before her for final approval.
Approving the settlement of Luas accident injury compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas accident injury compensation had gone to trial there was a risk of losing the case.