A judge has been asked not to disqualify a motorist who ran a red light and knocked down an e-scooter rider as she went through a pedestrian crossing.
Svetoslav Trifonov (46) was driving his car along Malahide Road in north Dublin when he went through a light that had changed from green to red, knocking down the woman as she attempted to cross the road.
The woman (32) suffered multiple spinal fractures, a fractured leg and a collapsed lung in the wake of the incident. She required two surgeries.
Trifonov, who works as a bus driver, was originally charged with dangerous driving causing serious harm, but he pleaded guilty at Dublin Circuit Criminal Court to careless driving causing serious harm to the woman, on September 22nd, 2022.
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This plea was acceptable to the Director of Public Prosecutions (DPP) and to the injured party in the case, said Fiona Pekaar, prosecuting barrister.
The offence of careless driving causing serious harm carries a maximum sentence of two years’ imprisonment and/or a fine of up to €10,000. There is no mandatory driving disqualification associated with it, Judge Orla Crowe was told at Trifonov’s sentence hearing on Tuesday.
Mark Lynam, defending counsel, told the court his client’s bus driving career is dependent on his ability to drive, and asked the court not to disqualify him.
Trifonov, of Church Road, East Wall, Dublin, has no previous convictions and an “impeccable” road traffic record, the court heard.
“It was an aberration for him,” Lynam said, adding that Trifonov has been driving in the city centre for years and “nothing remotely like this has happened before”. A letter from his employer was handed in to court.
Garda Damien Geraghty gave evidence that on the evening in question, Trifonov was driving along Malahide Road when he crossed a light that had just turned from green to red. He hit the woman riding her e-scooter through the pedestrian crossing, and she was taken to hospital.
Trifonov remained at the scene and was co-operative with gardaí. He said that prior to the incident, he had not noticed the e-scooter rider.
In her victim impact statement, the woman outlined the extent of her injuries and said that more than three years later, she is still suffering physically. The court heard that while she is able to walk, she has “physical limitations that affect (her) daily life”.
She was unable to work for a period after the incident, which caused her financial stress, and she struggles with anxiety and reduced confidence. CCTV footage of the incident was played in court.
Defence counsel said the woman “came very quickly from the side and went quickly through the pedestrian crossing”. Trifonov did not see her but he “did take a risk, he did go through a red light and he hit her”, Lynam said.
Trifonov’s concern had always been for the woman and he was relieved to hear she is recovering to some extent, he said.
The Bulgarian national has been living in Ireland for 18 years and two of his three children are still financially dependent on him, the court heard.
Judge Crowe said she needed to consider the matter further and adjourned the case to March 4th for finalisation.
