Car driver or­dered to pay €19,000 com­pen­sa­tion to biker af­ter ac­ci­dent in Zab­bar

Malta Independent - - NEWS -

Marco De­sira was yes­ter­day or­dered to pay €19,585 in com­pen­sa­tion to Joseph Demi­coli af­ter the court found him re­spon­si­ble for an ac­ci­dent which took place 10 years ago.

The case dates back to 26 Oc­to­ber 2006 when Mr Demi­coli, who was driv­ing a mo­tor­bike in Hom­pesch road, was hit by a car driven by the ac­cused.

The court heard how Mr De­sira was in his car parked in the same road in Zab­bar, when he sud­denly made a u-turn towards Zab­bar.

Dur­ing his lit­tle ma­noeu­vre, the ac­cused hit the mo­tor­cy­clist who ended up me­tres away from his mo­tor­bike.

The court, presided by Madam Jus­tice Anna Felice, heard two con­flict­ing ver­sions on how the ac­ci­dent oc­curred.

Con­clu­sions were only drawn fol­low­ing an anal­y­sis of the proof pre­sented in court, traf­fic reg­u­la­tions and ver­sions of the tes­ti­monies given.

Madam Jus­tice Felice con­cluded that the car driver should have looked out bet­ter be­fore mak­ing the U-turn.

The court also noted that the driver was not al­lowed to turn in such man­ner be­cause the mark­ings in the mid­dle of the street show a cen­tral strip.

Ac­cord­ing to the wit­nesses, the mo­tor­cy­clist was not driv­ing in the mid­dle of the road but on one side only and there­fore the court said that Mr Demi­coli should not get any of the blame, as it was the car driver who went against traf­fic reg­u­la­tions.

The court ruled that the car driver is re­spon­si­ble for the ac­ci­dent and or­dered him to pay more than €19,000 in com­pen­sa­tion.

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