Fined after being hit by drunk driver

May 1988

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 a charge of obstruction.

It was revealed in court that [NAME AND ADDRESS WITHELD] was one foot over the yellow line which separates the hard shoulder from the main thoroughfare when the accident happened.

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

The court heard that [DEFENDANT] had walked on the roadway itself, despite having eight feet of hard shoulder to walk on instead.

Convicting, Justice Magee said it was the first case of its kind to come before him, but he believed [DEFENDANT} was 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] had been hit one foot 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 day.

In reply to Mr. Murphy, solicitor, Garda Murphy said he had estimated the point of impact at the spot where there was dirt 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 should walk on the hard shoulder.