Woman's award cut by 40% after judge learns seatbelt not worn

A young mother of two has had a €190,500 damages award for road crash injuries cut by 40 per cent after a judge found she travelled…

A young mother of two has had a €190,500 damages award for road crash injuries cut by 40 per cent after a judge found she travelled without a seatbelt and when she should have known it was “highly probable” the driver’s ability to drive was “seriously impaired” by drink.

The ruling by Mr Justice Seán Ryan means Erin Gallagher (31) will get €114,300 damages for injuries suffered when the car in which she was travelling went out of control on a narrow side road in Co Donegal,

Ms Gallagher (31), a childcare worker, had sued Oliver McGeady who at the time lived near her home at Cashel, Nagore, Gortahork.

The crash happened at about midnight on Saturday July 19th, 2008, on the road between Falcarragh and Gweedore.

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Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times