Tram Accident Injury Compensation Awarded in Dublin

A man who sustained a traumatic brain injury when he was struck by a tram in Dublin has had an award of tram accident injury compensation approved in the High Court.

Derek Cross (52) a painter and decorator from Clondalkin, Dublin, was struck by the tram while attempting the cross the Naas dual carriageway in the early hours of 15 September 2007 in order to catch a taxi.

Despite the driver of the tram applying the emergency brakes when he saw Derek in front of him, Derek sustained several fractured ribs and a head injury which has left him unable to work and in need of crutches if he is to walk anywhere.

After seeking legal advice, Derek made a claim for tram accident injury compensation against the operator of the tram service – Veolia Transport – South Dublin County Council and the Railway Procurement Agency, claiming that the parties were negligent in failing to provide a safe passage for pedestrians and warning signs of the risk of injury.

The three defendants denied their liability for Derek´s injury, stating that his accident was attributable to the considerable amount of drink Derek had consumed and Ms Justice Mary Irvine at the High Court in Dublin heard that Derek had been drinking with friends at the nearby Bluebell United Football Club until 1.30am and had a significant level of alcohol in his blood.

The judge also heard that an offer of settlement had also been made by the three defendants amounting to 650,000 Euros, which Derek had accepted but due to his mental impairment was before her for approval. Ms Justice Mary Irvine approved the settlement of tram accident injury compensation, stating that it was an exceptionally good offer under the circumstances of the case.