Father of two killed in collision when swerving away from alleged drunk driver, court hears

Arturs Birznieks died after his truck cab was completely destroyed in the collision in Limerick

The trial continues before a jury at Limerick Circuit Criminal Court. Photograph: Google
The trial continues before a jury at Limerick Circuit Criminal Court. Photograph: Google

A truck driver’s cab “disintegrated” on impact with a wall when the driver was forced to swerve to avoid impact with a car in its path, a Co Limerick court has heard.

The driver of the truck, Arturs Birznieks, a father of two from Latvia who was living in Co Mayo, died at the scene after his cab was completely destroyed in the collision, which occurred at 2.50am, at N21, Reens East, Ardagh, Co Limerick, on March 18th, 2022.

The accused, Niall O’Halloran (57), of Woodfield Drive, Newcastle West, Co Limerick, represented by solicitor Michael O’Donnell, Rathkeale, had denied dangerous driving causing Birznieks’s death, as well as being drunk behind the wheel of his red VW Passat at the time of the fatal collision.

It is the prosecution’s case, led by barrister Lily Buckley, instructed by State Solicitor Brendan Gill, assisted by paralegal Sarah Heavenor, that O’Halloran drove on the wrong side of the N21 and into Birznieks path, forcing the truck driver to take “evasive action” to try to avoid a collision.

Prosecution witness, Mike Reddy, a Garda Public Service Vehicle (PSV) Inspector, with more than 30 years experience in conducting forensic collision investigations, gave evidence that, in his opinion, after examining the scene, the accused’s car had been travelling in the wrong lane of the N21 at the moment of the impact.

Reddy said he believed the articulated truck, which was carrying a full load of chickens from a chicken farm, had begun steering his truck to the right, away from the accused’s car in order to try to avoid impact.

The two vehicles were travelling in opposite directions to one another when the collision occurred.

The court was shown photographs of both vehicles that were left completely destroyed in the impact.

Reddy said it was his view that Birznieks had no chance of survival because the driver’s cab “disintegrated” after the truck collided with a wall and was sandwiched by its trailer, following the initial collision with the accused’s car.

“The unfortunate driver had no protection, the front axel was torn out from underneath (the cab), the damage was immense,” said Reddy.

Mark Nicholas, for O’Halloran, put it to Reddy that the accused had told investigating gardaí that moments before the fatal collision, he was travelling on the correct side of the road and he had flashed his car lights at Birznieks truck as it was veering over on to his lane.

Reddy said it was his opinion that the accused’s car had been on the wrong side of the road when it impacted with the front passenger side of the truck, as the truck was trying to turn away from it.

The front left wheel of the truck was torn off in the impact and was never located, its diesel tank was “sheered off”, its electrical systems were “completely destroyed”, and “nothing was left where it should have been”, said the witness.

Reddy said it was his view, that the truck’s steering was damaged by the “sledgehammer effect” of the initial collision. The truck then “jackknifed” and “demolished a wall” before coming to a stop in a field.

Reddy said part of the accused’s car was sheered off in the impact, which the accused’s barrister, senior counsel, Nicholas, described as being like “cutting through cheese”.

The accused’s driver’s cockpit remained intact, and the car’s electrical systems were completely destroyed.

Reddy said the car’s airbags deployed, and he believed the accused’s life was most likely saved by the fact he was wearing his seat-belt at the time.

Both vehicles were travelling between 80-85km/h, well under the speed limit of 100km/h, the court heard.

Gda Sgt Kevin Bourke, a garda forensic collision investigator, who also examined the scene, described the damage to Birznieks cab as “catastrophic”.

Bourke said the truck driver’s cab was “peeled off” in the crash, leaving the steering wheel and engine “exposed”.

“In 18 years of conducting forensic collision investigations, I’ve never seen a truck as badly damaged,” said the sergeant.

The trial continues before a jury at Limerick Circuit Criminal Court on Monday.

  • Join The Irish Times on WhatsApp and stay up to date

  • Sign up for push alerts to get the best breaking news, analysis and comment delivered directly to your phone

  • Listen to In The News podcast daily for a deep dive on the stories that matter