Man hit by drunk driver is fined £10

May 1986

A pedestrian who spent two weeks in hospital after being knocked down by a drunk driver ended up in court himself last week and was fined £10 for his part in the incident.

[NAME WITHELD] was found guilty of obstructing traffic as the point of impact showed that he was walking on the main road at Tagoat instead of on the hard shoulder.

Defending solicitor Jimmy Murphy expressed amazement that a man who had been knocked down and injured could be charged with obstruction.

The court heard however that [DEFENDANT] had been walking on the roadway itself, despite having eight feet of hard shoulder that he could have been walking on instead.

Convicting, Justice Magee said it was the first case of its kind that had come before him, but he believed that [DEFENDANT] was indeed obstructing traffic because he was so far out on the road.

Garda Joe Murphy said he was called to an accident at Tagoat on 6th December last year, involving a car and a pedestrian. The pedestrian was lying in a crouched position on the side of the road. He was attended to by a doctor before being taken to hospital by ambulance.

Garda Murphy said there were indications on the road that [DEFENDANT} has been hit ‘a foot or more’ on the road proper, and not on the hard shoulder.

He reminded Justice Magee that the driver of the car had been convicted of drunken driving earlier in the same court sitting.

In reply to Mr Murphy, solicitor, Garda Murphy said he had estimated the point of impact at the spot where there was dirt on the road from the car’s underside.

He accepted that the driver should have had a considerable view of the pedestrian, but added that it was a very dangerous road and anyone walking there should be on the hard shoulder.