The case was heard at Longford Circuit Court
A careless driver, who crashed into the back of a jeep towed trailer, which flipped striking an 81 year-old man and seriously injuring him, has been convicted and ordered to pay the victim €5,000 in compensation.
The injured party and his son had been travelling through the Midlands to an event when the older man, who was a front seat passenger, asked to stop for a toilet break and they pulled in at the side of the N55 road at Cranalagh More, Edgeworthstown.
Moments later, James Farrell of Cranley Beg, Edgeworthstown who pleaded guilty to careless driving on August 18, 2024 crashed into the back of the horse trailer
The 63 year-old said he had been blinded by the sun ricocheting off the trees before the serious collision, which caused it to jackknife and overturn.
Garda Una Brady, was led through her evidence by barrister Stephen Faulkner, for the State, said the impact led to the retiree being flung into the ditch.
"He stood behind the jeep between the jeep and the trailer and a few moments later the accused's vehicle collided with the rear hand side of of the jeep flipping the horsebox," he added.
The impact shortly before 8.10am caused the injured party to be 'thrown' into the ditch and he was left seriously injured.
Mr Faulkner said the man's shocked son jumped out of the driver's side of the jeep and he shouted at the driver 'You killed my father'.
The injured party's son was joined by some passing motorists who stopped and offered assistance and Judge Jonathan Dunphy heard they advised the younger man not to move his elderly father until the ambulance and paramedics arrived.
The stricken man, who has no recollection of the collision and was unconscious for a period, was transferred to Tullamore General Hospital and later moved to a local hospital in Belfast where he spent a total of 72 days in hospital.
The injured party suffered serious injuries as a result of this collision, which included 10 broken ribs, a punctured lung, a fractured pelvis, a broken left leg, a broken left shoulder, a dislocated right shoulder and a cracked vertebrae, an injury to a valve in his heart and he was severely bruised from head to toe.
The seriously injured man was previously described in the district court as having been 'propelled' into the ditch.
The court heard Mr Farrell had been driving at 85kph and he had not seen the injured party before he collided with the trailer as he was directly behind it when the incident happened.
The defendant also maintained he had not been distracted by his mobile phone, which was accepted by Gardaí.
Mr Farrell had previously appeared before Judge Bernadette Owens in Longford District Court last July, however, on that occasion she refused jurisdiction due to the seriousness of the offence.
The case was subsequently sent forward to Longford Circuit Court.
A victim impact statement from the injured party was read into the court and the injured party said that before the incident, he socialised regularly and he attended dances and horse sales "but his social life is now practically non-existent since the incident".
The injured party also said in his statement he had dealt with a large amount of 'economic loss' as a result of his time in hospital and while trying to recover from his injuries.
The victim said he has been 'deeply afraid' since the incident and he is anxious about travelling on roads and in vehicles.
The defendant had no previous convictions and he had never come to the attention of Gardaí prior to the incident or since it occurred.
Barrister Kieran Collins, defending, said his client would have avoided the trailer but he was blinded by the sun and he attempted to take evasive action but her was unable to react in time.
"Mr Farrell has said he was not expecting the vehicle to be there at that point on the road.
"He said the sun was ricocheting off the trees and the sun was obviously at a very low level."
Mr Collins said his client had not contacted the injured party since the incident, but there was no malice intended.
He stated Mr Farrell, a father of two grown up children, was apologetic, he regretted the collision and he remained at the scene and he expressed some concern for the seriously injured man following the incident.
"He didn't approach them or he didn't contact them but that wasn't out of malice."
Mr Collins said his client lives alone in a rural part of the county and he was very apologetic, but he was concerned about the reaction he might receive.
The legal representative stated his client, who receives €133 in jobseekers allowance, lived and worked in England for several years before moving home in the early-2000s, and had cooperated fully with Gardaí.
Mr Collins asked Judge Dunphy to consider his client's early guilty plea, his genuine remorse for unintentionally injuring the victim.
He stated Mr Farrell lives in the countryside and the loss of his licence would lead to him being even more isolated.
Mr Collins said his client had come to court with €2,000 in compensation as a 'small token' to give to the injured party.
Judge Jonathan Dunphy described it as a 'most unfortunate incident' and he said the injured party was lucky to survive.
"Mr Farrell is quite fortunate to be still with us."
Judge Dunphy said he had to balance the serious injuries suffered by the victim as a result of the collision with the fact that Mr Farrell had never been in court or come to the attention of Gardaí previously during his life.
However, he addressed Mr Farrell and he said there was a step he could have taken.
"When he could not see he should have stopped driving," he added.
Judge Dunphy convicted the defendant and fined him €500 and he also ordered him to add €3,000 in compensation to the €2,000 he had already brought to court for the injured party within a six-month period.
The defendant was also placed on a probation bond for 12-months and instructed to complete a road-safety awareness course.
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