A woman who was hit by a van while crossing a busy Dublin street has been awarded almost 178,000 Euros in a Dublin van accident compensation award in the High Court.
Amy McKernan, aged 36, from North Ewington, Oxfordshire, was crossing the road at the junction of Wicklow Street and Clarendon Street on May 7th 2002, when she was struck by a van driven by Yuk Fong from Dublin. The collision knocked her onto the bonnet of the vehicle, before she landed on the road surface – sustaining facial and back injuries.
In her claim against Mr Fong and the owner of the van – Mr Yau Tsali Li – Amy alleged that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.
Yuk Fong and Yau Tsali Li denied the compensation claims, and counter-claimed that Amy had contributed to her own injuries by failing to keep a sufficient lookout. However, as Amy was about to step onto the pavement when the van accident occurred, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.