Passenger in road traffic accident awarded €92,000 against driver of vehicle

A female passenger who was injured when she was a secondary school student travelling as a passenger in a car has been awarded €92,000 by the High Court against the driver.

The Plaintiff, who was 16 at the time of the accident was a back seat passenger in the car driven by her friend when the accident occurred. 

Liability was not an issue in the case and it was before a High Court judge for assessment of damages only. The judge said a photo of the car taken after the accident showed the severe nature of the impact.

The Plaintiff was taken to University Hospital Limerick where there were serious concerns for her welfare during her three-day admission. While in hospital, the Plaintiff developed severe migraine and became quite agitated

There was evidence of a CT scan before the Court which thankfully showed no evidence of brain injury; however, she suffered from recurrent headaches, accompanied by photophobia.  

She had suffered from migraine during her early childhood but had not experienced it for two to three years before the accident.

The court was furnished with medical evidence that showed that the Plaintiff continued to suffer from headaches and photophobia once or twice a week.  A neurologist said these symptoms are consistent with post traumatic headaches.

The judge found the Plaintiff to be an honest and truthful witness who did not seek to exaggerate or embellish her various complaints.

At the time of the accident, she had been active in sports and played camogie to a high level.  Her injuries meant she can no longer play and her overall social life has been curtailed, the judge said.  

Accordingly, the court assessed her general damages (for pain and suffering to date and into the future), along with special damages, at €92,115.00 together with her costs.