Woman crosses dual carriageway on foot, gets hit by car, gets €3.2M

TheChizler · 15-02-2021 10:35am

Gaoth Laidir wrote: »

I've passed there many times, even on busy Saturday afternoons, and have never had the problem of some idiot crossing there. I know it doesn't prove much but all Streetview imagery, taken at two different times (2017 and 2019) shows nobody crossing or even about to cross.

Have you been there when a bus has dropped people off? People have said its relatively infrequent.

Gaoth Laidir · 15-02-2021 10:39am

TheChizler wrote: »

Have you been there when a bus has dropped people off? People have said its relatively infrequent.

A minute ago you said "people are always crossing". Which is it?

Anyway, it's good to see that Ms. Regazzoli seems to be doing fine and her injuries have cleared (if this photo was taken when it says).

TheChizler · 15-02-2021 10:44am

Gaoth Laidir wrote: »

She crossed the the road in an unsafe and illegal manner. The fact that you commend her for choosing that spot just speaks volumes about you. A footbridge ahead but she chooses a spot from behind a hedge just as a car was arriving. FFS

I never said I commended her, just that I understand her choice and probably would do the same if I was using that bus stop. She should of course have been careful crossing, but we have no way of knowing what happened, maybe she sprinted blind after hiding in the bush and the driver had no chance, maybe she was careful but the driver was speeding (in the bus lane before it turns into a turning lane) which threw off her ability to judge the situation, or maybe she crossed the first two lanes perfectly fine and the driver entered the bus lane illegally at this point and hit her. Who knows.

Gaoth Laidir · 15-02-2021 10:46am

TheChizler wrote: »

I never said I commended her, just that I understand her choice and probably would do the same if I was using that bus stop. She should of course have been careful crossing, but we have no way of knowing what happened, maybe she sprinted blind after hiding in the bush and the driver had no chance, maybe she was careful but the driver was speeding (in the bus lane before it turns into a turning lane) which threw off her ability to judge the situation, or maybe she crossed the first two lanes perfectly fine and the driver entered the bus lane illegally at this point and hit her. Who knows.

She ran across when a car was coming. She obviously didn't look. She's 100% responsible.

TheChizler · 15-02-2021 10:48am

Gaoth Laidir wrote: »

A minute ago you said "people are always crossing". Which is it?

Anyway, it's good to see that Ms. Regazzoli seems to be doing fine and her injuries have cleared (if this photo was taken when it says).

I was repeating what other people have said, I presume they mean common when the bus is there. The bridge would be more convenient for everyone else.

Agreed I hope she's doing well, though knowing the nature of brain injuries it's a long road to recovery, if ever.

Gaoth Laidir · 15-02-2021 10:51am

TheChizler wrote: »

Other people have said people are always crossing there so I'm not alone.

TheChizler wrote: »

Have you been there when a bus has dropped people off? People have said its relatively infrequent.

TheChizler wrote: »

I was repeating what other people have said, I presume they mean common when the bus is there. The bridge would be more convenient for everyone else.

I don't think you know what you're saying at this stage.

kippy · 15-02-2021 11:02am

I don't quite get the "People will take the shortest route" and "Sure everyone does it" absolution of the pedestrian here.
People do tend to take a shorter route if it is available to them. That's a decision they take. They are not forced into it.
It happens on a regular basis, agreed.

Also, sure everyone does it, isn't an excuse for anything.

The insurance company of the driver have settled on behalf of the driver and while the driver may have held some percentage of the blame I'd like to know what percentage was atributed.

Gaoth Laidir · 15-02-2021 11:19am

kippy wrote: »

I don't quite get the "People will take the shortest route" and "Sure everyone does it" absolution of the pedestrian here.
People do tend to take a shorter route if it is available to them. That's a decision they take. They are not forced into it.
It happens on a regular basis, agreed.

Also, sure everyone does it, isn't an excuse for anything.

The insurance company of the driver have settled on behalf of the driver and while the driver may have held some percentage of the blame I'd like to know what percentage was atributed.

Two-thirds was attributed to the driver. Fcuked up.

If there were no bridge there then there would be justification for crossing, but that bridge has always been there (well, since at least 1996, long before the Pavillions was built) and it is a perfectly safe and efficient crossing for those who don't have a deathwish.

runawaybishop · 15-02-2021 11:25am

Gaoth Laidir wrote: »

Two-thirds was attributed to the driver. Fcuked up.

If there were no bridge there then there would be justification for crossing, but that bridge has always been there (well, since at least 1996, long before the Pavillions was built) and it is a perfectly safe and efficient crossing for those who don't have a deathwish.

For some reason the driver always seems to start with 100% of the responsibility and then it's moved based on the facts. I don't get that. Surely the person that ran in front of traffic should start at 100% responsibility? Unless she stopped in the middle of the road and the driver could clearly see her from a good distance away and chose to plow into her I don't see how the driver should be apportioned such a high level of responsibility.

jams100 · 15-02-2021 11:40am

Do we have the full details here for context? For example how much her medical expenses etc.?

3.2 million on the face of it seems an absolutely outlandish reward but maybe I'm missing something, are her injuries life threatening? I'm presuming given the high reward this isn't just a whiplash injury and she is in a wheelchair or something for years

Gaoth Laidir · 15-02-2021 11:49am

jams100 wrote: »

Do we have the full details here for context? For example how much her medical expenses etc.?

3.2 million on the face of it seems an absolutely outlandish reward but maybe I'm missing something, are her injuries life threatening? I'm presuming given the high reward this isn't just a whiplash injury and she is in a wheelchair or something for years

Just have a look at her FB page and you'll see.

I don't get why she is getting any damages at all. The fact that she was a part-time model and was severely injured (though seems to be doing well now) should not come into the discussion at all. Whether Mother Teresa or some scumbag high on coke crosses the road in front of a car, both are equally culpable. Their background or the ability of the other part to pay should not come into it (key bit in italics).

jmreire · 15-02-2021 12:31pm

kippy wrote: »

I don't quite get the "People will take the shortest route" and "Sure everyone does it" absolution of the pedestrian here.
People do tend to take a shorter route if it is available to them. That's a decision they take. They are not forced into it.
It happens on a regular basis, agreed.

Also, sure everyone does it, isn't an excuse for anything.

The insurance company of the driver have settled on behalf of the driver and while the driver may have held some percentage of the blame I'd like to know what percentage was atributed.

And another interesting % would be the legal costs......are they calculated as a % of the award? or at a set rate? or a combination?

knucklehead6 · 15-02-2021 12:58pm

While i agree that the 3.2 million is a huge amount of money to pay someone because of their stupidity and laziness, stalking the persons FB page is a little bit much.

I hate these types of cases. And there are always those who will take up the mantle of the Great Defender and Protector of Holy Pedestrians against ALL MANIACAL DRIVERS.

There was a case a couple of years ago, where some dope walked out onto the road and got herself knocked down. She was awarded 250K.
Doesn't seem like a lot in comparison to this case, but here's the kicker... She walked out at a red light

Gaoth Laidir · 15-02-2021 1:15pm

knucklehead6 wrote: »

While i agree that the 3.2 million is a huge amount of money to pay someone because of their stupidity and laziness, stalking the persons FB page is a little bit much.

I hate these types of cases. And there are always those who will take up the mantle of the Great Defender and Protector of Holy Pedestrians against ALL MANIACAL DRIVERS.

There was a case a couple of years ago, where some dope walked out onto the road and got herself knocked down. She was awarded 250K.
Doesn't seem like a lot in comparison to this case, but here's the kicker... She walked out at a red light

Stalking? She is using social media and has her profile and posts set to public. Anyone can see it.

I'm chosing to be offended by that defamatory accusation and I demand that you pay me....one MILLION dollars...

knucklehead6 · 15-02-2021 1:22pm

Gaoth Laidir wrote: »

Stalking? She is using social media and has her profile and posts set to public. Anyone can see it.

I'm chosing to be offended by that defamatory accusation and I demand that you pay me....one MILLION dollars...

Not a problem, post up your BIC, IBAN, Date of birth, address and mothers maiden name and a few other details to be ironed out and i'll lodge it to your account as soon as is convenient

jmreire · 15-02-2021 2:23pm

knucklehead6 wrote: »

While i agree that the 3.2 million is a huge amount of money to pay someone because of their stupidity and laziness, stalking the persons FB page is a little bit much.

I hate these types of cases. And there are always those who will take up the mantle of the Great Defender and Protector of Holy Pedestrians against ALL MANIACAL DRIVERS.

There was a case a couple of years ago, where some dope walked out onto the road and got herself knocked down. She was awarded 250K.
Doesn't seem like a lot in comparison to this case, but here's the kicker... She walked out at a red light

The clue and the link is in the words " Insurable Case".............

knucklehead6 · 15-02-2021 2:47pm

jmreire wrote: »

The clue and the link is in the words " Insurable Case".............

So you feel that just cos someone has insurance then they are up for being sued as a result of someone else's stupidity?

In both the cases i've referred to, the redlight crosser and the Dual Carriageway crosses made the decision to put themselves in harms way. The driver did not deliberately put the pedestrians in harms way

jmreire · 15-02-2021 11:46pm

knucklehead6 wrote: »

So you feel that just cos someone has insurance then they are up for being sued as a result of someone else's stupidity?

In both the cases i've referred to, the redlight crosser and the Dual Carriageway crosses made the decision to put themselves in harms way. The driver did not deliberately put the pedestrians in harms way

Thats not what I'm suggesting at all. I doubt very much that anyone is "up for being sued " in this Country , much less someone who to all intents and appearances feel that they are not to blame..The point I'm making is that if there's little or no possibility of a payout,,,there will not be a case.And in both cases you mention, the legal advice was to sue the insurance,,,despite the circumstances. Now, if the law was black and white, and stated clearly Footpaths for pedestrians, and roads for vehicles, these cases would not have been taken, because the chances of a win and payout would be slim.
I've lived and worked in Countrys where this is exactly the case. Step off the footpath and on to the public road, you are with your Guardian Angel.
But a more practical ( and true ) case come to mind... Child staying with parents in a hotel. scrapes his face lightly off the furniture. Parents claim damages off the hotel, and in due course ( despite making a full recovery) the child is awarded €40'000. It was an "insurable" case. Now different case, same child runnung around his own house, falls and scrapes himself...identical injurys, but no claim ???

the_syco · 17-02-2021 12:29am

I'd wonder how much they driver will be charged for insurance for the next few years?

knucklehead6 wrote: »

Not a problem, post up your BIC, IBAN, Date of birth, address and mothers maiden name and a few other details to be ironed out and i'll lodge it to your account as soon as is convenient

Mother; Hamida al-Attas
Account No. CO-565,167.0
DoB; 10/March/1957
Address; Bilal Town, Abbottabad, Northern Ireland

Anything else?

jmreire · 17-02-2021 1:38am

the_syco wrote: »

I'd wonder how much they driver will be charged for insurance for the next few years?

Mother; Hamida al-Attas
Account No. CO-565,167.0
DoB; 10/March/1957
Address; Bilal Town, Abbottabad, Northern Ireland

Anything else?

Always thought that Abbottabad was in Pakistan......but there you go,

For the poor devils insurance renewal..even with a previous no claims bonus of 25 (or more) years, it will rise astronomically , but even so, the lions share will be paid by you , me and many more,,,,as usual.

knucklehead6 · 17-02-2021 8:17am

the_syco wrote: »

I'd wonder how much they driver will be charged for insurance for the next few years?

Mother; Hamida al-Attas
Account No. CO-565,167.0
DoB; 10/March/1957
Address; Bilal Town, Abbottabad, Northern Ireland

Anything else?

Considering we're both from the same town and i've met you i KNOW that is not your mothers name!!!

knucklehead6 · 17-02-2021 8:22am

jmreire wrote: »

Child staying with parents in a hotel. scrapes his face lightly off the furniture. Parents claim damages off the hotel, and in due course ( despite making a full recovery) the child is awarded €40'000. It was an "insurable" case. Now different case, same child runnung around his own house, falls and scrapes himself...identical injurys, but no claim ???

Fair enough, i picked you up incorrectly. My apologies.

The case you mention there annoys me too though. If my son was running around a hotel room and fell and hurt himself the last thing on my mind would be to sue, scars or not... And i speak from the point of view of someone who has a number of quite visible scars as a result of a 2.5 tonne gate squashing me!! And no, i didn't sue my employer, because it was an ACCIDENT, with no one to blame

I see our learned friends are circulating memos amongst themselves arguing against guidelines to reduce personal injury awards
https://www.irishtimes.com/news/crime-and-law/senior-judges-argue-against-proposed-guidelines-on-personal-injury-awards-1.4486859

AndrewJRenko · 17-02-2021 9:30am

Gaoth Laidir wrote: »

A minute ago you said "people are always crossing". Which is it?

Anyway, it's good to see that Ms. Regazzoli seems to be doing fine and her injuries have cleared (if this photo was taken when it says).

Congratulations on your amazing ability to diagnose the presence or absence of medical conditions from a single photo. Presumably, the next time you need some medical advice yourself, you'll be sending your GP a single photo and taking whatever conclusions they come to based on the photo as gospel?

Markcheese · 17-02-2021 10:15am

knucklehead6 wrote: »

I see our learned friends are circulating memos amongst themselves arguing against guidelines to reduce personal injury awards
https://www.irishtimes.com/news/crime-and-law/senior-judges-argue-against-proposed-guidelines-on-personal-injury-awards-1.4486859

Don't threaten the compo industry , a lot of highly paid individuals have a lot at stake ..

tallaghtfornia · 17-02-2021 10:50am

Just two experiences to share I witnessed yesterday and this morning

Lunch hour yesterday Audi and an Audi coupe racing each other the just after the roundabout a Woddies must have been tipping 120/120Km and an northern reg car trying to keep up with them.

This morning a guy just strolled out onto the road just before the Woddies foot bridge in front of my car with a pair of headphones on and his hands in his pockets I beeped at him and he just gave me the finger.

I just cant understand peoples stupidity in this country If I had of hit this guy that was my life ruined and also his.

My advice to anyone here to dose this is don't it this road is lethal.

Gaoth Laidir · 17-02-2021 11:48am

tallaghtfornia wrote: »

Just two experiences to share I witnessed yesterday and this morning

Lunch hour yesterday Audi and an Audi coupe racing each other the just after the roundabout a Woddies must have been tipping 120/120Km and an northern reg car trying to keep up with them.

This morning a guy just strolled out onto the road just before the Woddies foot bridge in front of my car with a pair of headphones on and his hands in his pockets I beeped at him and he just gave me the finger.

I just cant understand peoples stupidity in this country If I had of hit this guy that was my life ruined and also his.

My advice to anyone here to dose this is don't it this road is lethal.

Careful that he didn't take your reg and report you. He may have chosen to be offended by your beep and could make a claim for shock and causing him to remove his hand from the warmth of his pocket. I'd contact your solicitor right now, just in case...

tallaghtfornia · 17-02-2021 11:58am

Gaoth Laidir wrote: »

Careful that he didn't take your reg and report you. He may have chosen to be offended by your beep and could make a claim for shock and causing him to remove his hand from the warmth of his pocket. I'd contact your solicitor right now, just in case...

AndrewJRenko · 17-02-2021 12:30pm

tallaghtfornia wrote: »

Just two experiences to share I witnessed yesterday and this morning

Lunch hour yesterday Audi and an Audi coupe racing each other the just after the roundabout a Woddies must have been tipping 120/120Km and an northern reg car trying to keep up with them.

This morning a guy just strolled out onto the road just before the Woddies foot bridge in front of my car with a pair of headphones on and his hands in his pockets I beeped at him and he just gave me the finger.

I just cant understand peoples stupidity in this country If I had of hit this guy that was my life ruined and also his.

My advice to anyone here to dose this is don't it this road is lethal.

Roads aren lethal. Drivers are lethal. They kill 2 or 3 people each week on the roads.

El Gato De Negocios · 17-02-2021 1:18pm

knucklehead6 wrote: »

I see our learned friends are circulating memos amongst themselves arguing against guidelines to reduce personal injury awards
https://www.irishtimes.com/news/crime-and-law/senior-judges-argue-against-proposed-guidelines-on-personal-injury-awards-1.4486859

Just came in to post this.

Is anyone in the least bit surprised?

You remove bloated payouts for frivolous/false/exaggerated/unprovable injuries then you remove the bulk of the issues. Insurers have given assurances that if award levels reduce this will be reflected in all our premiums.

The only ones that do not want to see premiums reduced are the majority of the legal fraternity and the gougers that claim for everything.

There was another article in the times yesterday relating to a payout for a cut lip to a child who was two and got a bump in gob while staying in a hotel with his family.

A child who hurt his lip when he fell against a bed in a four star hotel room has settled his High Court action for €40,000.

Nicholas Fitzgerald has two scars around his lip area as a result of the accident in November 2016 at The d Hotel, Drogheda, Co Louth, where the child, then aged almost two, was on a family break with his parents.

His counsel, Luan O’Braonain SC, said the boy took a tumble in the hotel room and his face struck the sharp corner of the bed which had a wooden frame and no protection on the corners.

He said the boy hurt his lip and had to be taken to hospital and later had to have sutures inserted under anaesthetic. Counsel said liability was at issue in the case.

Now aged six, the child, of Begnets Villas, Dalkey, Co Dublin, had, through his mother Sharon Fitzgerald sued Niche Hotels Unlimited Company the owners and operators of the d Hotel, Marsh Road, Lagavooren, Drogheda, as a result of the accident about 9.30pm on November 1st, 2016.

It was claimed there was failure to ensure the family room was appropriately furnished for families with young children and to ensure the corners of the family room bedframe did not present an unnecessary or unreasonable danger to young children.

The room, it was claimed, was not suitable for use by families with young children.

The claims were denied and it was alleged there was contributory negligence on the part of the boy’s parents in allegedly failing to take any adequate care for their son’s safety.

It was claimed the parents failed to keep their child in an infant carrier while in the room and failed to keep him within their sight when he was moving around the room.

Mr Justice Kevin Cross examined the child’s scars and was told they are permanent scars.

Approving the “very good” settlement, the judge said the boy had made a very good recovery and he was sure he will put the incident behind him.

Link to article

On what fcuking planet should a toddler and his parents be paid €40,000 for doing what toddlers across the world are doing every hour of every day?

This case has been rumbling on for over 4 years so I can guarantee that the €40k compo is only the tip of the iceberg for what it will ultimately cost the insurer. Add on legal fees for the claimant, probably at least €20k, defence fees for the insurer, something similar, ancillary costs like investigation fees, handler fees etc. Probably going to cost the guts of €100k when all is said and done.

Even the case in the OP, its all about painting a sympathetic picture. Using terms like part-time model indicate that she had a burgeoning modeling career and could have been Americas next top model, cha-ching. She was apparently left homeless for a time after the incident, begs the question, where were her family / friends in all this but you cant ask those questions, she was homeless because the defendant had the audacity to drive their car that morning, cha-ching! As for the payout of €3.2m, you can add on an extra €1m at a minimum.

For cases like this, where the claimant is purely the author of their own misfortune, Id have no qualms with the person being provided what ever medical care they required following the accident but making someone a millionaire because of their own laziness and outright fcuking stupidity is as disgusting as it gets.

Gaoth Laidir · 17-02-2021 2:25pm

El Gato De Negocios wrote: »

Just came in to post this.

Is anyone in the least bit surprised?

You remove bloated payouts for frivolous/false/exaggerated/unprovable injuries then you remove the bulk of the issues. Insurers have given assurances that if award levels reduce this will be reflected in all our premiums.

The only ones that do not want to see premiums reduced are the majority of the legal fraternity and the gougers that claim for everything.

There was another article in the times yesterday relating to a payout for a cut lip to a child who was two and got a bump in gob while staying in a hotel with his family.

Link to article

On what fcuking planet should a toddler and his parents be paid €40,000 for doing what toddlers across the world are doing every hour of every day?

This case has been rumbling on for over 4 years so I can guarantee that the €40k compo is only the tip of the iceberg for what it will ultimately cost the insurer. Add on legal fees for the claimant, probably at least €20k, defence fees for the insurer, something similar, ancillary costs like investigation fees, handler fees etc. Probably going to cost the guts of €100k when all is said and done.

Even the case in the OP, its all about painting a sympathetic picture. Using terms like part-time model indicate that she had a burgeoning modeling career and could have been Americas next top model, cha-ching. She was apparently left homeless for a time after the incident, begs the question, where were her family / friends in all this but you cant ask those questions, she was homeless because the defendant had the audacity to drive their car that morning, cha-ching! As for the payout of €3.2m, you can add on an extra €1m at a minimum.

For cases like this, where the claimant is purely the author of their own misfortune, Id have no qualms with the person being provided what ever medical care they required following the accident but making someone a millionaire because of their own laziness and outright fcuking stupidity is as disgusting as it gets.

Bollox. I was in holiday in Madeira in 2007 and my son (almost 2) tripped and hit his head on the metal corner of a pull-out bed in the hotel room. Got a gash just above the eye. Was lucky not to lose it. Went to the local emergency doctor and was seen to immediately for the princely sum of just €5.

What's the statute of limitations, does anyone know? You reckon I could still claim for him? No, I wasn't paying attention to him at that moment and sure, it's my duty to look after him, but none of that seems to matter...

Woman crosses dual carriageway on foot, gets hit by car, gets €3.2M

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