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256k for PTSD

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  • 18-07-2018 8:23am
    #1
    Registered Users Posts: 6,739 ✭✭✭


    Judge Anthony Barr yesterday awarded €256000 to a woman yesterday who developed PTSD after being knocked down by a car in Dublin in 2011.

    Seems like a lot, doesn't it? She was studying accounting and after the accident she lost her only source of income and became homeless.

    Oh yeah.... The dumb bitch was crossing the road at a red pedestrian light.

    So, we may all thank our learned friend when our insurance takes another hike next year.


«134567

Comments

  • Registered Users Posts: 10,423 ✭✭✭✭Outlaw Pete


    Hahaha, yeah, the dumb bitch getting knocked down.


    Wait, what?


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Traffic lights mean "proceed if it is safe to do so", not "you can go no matter what". A pedestrian actively crossing the road still has right of way over a turning vehicle regardless of the light sequence.

    Her awarded was reduced by 45% because she crossed at the red light.

    You can thank the stupid inattentive driver who crashed into a slow-moving visible hazard on a city centre street for any rise in insurance premiums.


  • Registered Users Posts: 29,294 ✭✭✭✭Mint Sauce


    I'm on the fence of this one. Yes. once she stepped into the road, she had right of way, but some personal responsibility has to be taken. Did the driver get anything for the unexpected hazard in the road, and the shock he might have received?

    Does this mean that any of us can just decide to walk into traffic, even if the payout is reduced?


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Mint Sauce wrote: »
    Does this mean that any of us can just decide to walk into traffic, even if the payout is reduced?
    Technically, yes. Off you go. Let us know if it was worth it.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Crazy payout ,

    Seems to be the new whiplash PTSD payouts are getting mad with a diagnosis


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  • Registered Users Posts: 19,802 ✭✭✭✭suicide_circus


    If you care to check the medical literature you'll see that the recognised cure for PTSD is a big wedge of cash.


  • Registered Users Posts: 1,695 ✭✭✭King of Kings


    seamus wrote: »
    Traffic lights mean "proceed if it is safe to do so", not "you can go no matter what". A pedestrian actively crossing the road still has right of way over a turning vehicle regardless of the light sequence.

    Her awarded was reduced by 45% because she crossed at the red light.

    You can thank the stupid inattentive driver who crashed into a slow-moving visible hazard on a city centre street for any rise in insurance premiums.

    you make a fair point regarding hazards but i dont think its fair to blame the driver in the absence of evidence the driver was driving without due care.
    She did cross when it was Red for her and its not unreasonable to assume that the driver was taken by surprise and/or didnt see her. Not all hazards can be accomodated.

    She is a grown woman and although the driver should be mindful of dangers on the road etc...the bulk of the blame ( i mean 90% ish) should lie with her.

    From the report I read (indo online) I got an impression that the judge was swayed by his positive impressions of the lady rather than the facts of the case.

    Its a whopper payout even with 45% deduction its whopper...

    Its a dangerous ruling i think


  • Registered Users Posts: 29,294 ✭✭✭✭Mint Sauce


    seamus wrote: »
    Technically, yes. Off you go. Let us know if it was worth it.

    As I dont particualy fancy getting thrown a few foot in the air, I will pass. But am sure there are plenty who would. Although now with dash cams...



    I would have considered waiting on the police to show, and then point out the camera, and claim damages my self.


  • Registered Users Posts: 43,025 ✭✭✭✭SEPT 23 1989


    A fairly traumatic thing to go through I would have thought


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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  • Registered Users Posts: 6,739 ✭✭✭knucklehead6


    seamus wrote: »

    You can thank the stupid inattentive driver who crashed into a slow-moving visible hazard on a city centre street for any rise in insurance premiums.

    Couldn’t disagree more. While we all have a reaponsibility to be careful on the roads the greater responsibility lies with the person who has a great big red fkn light saying DON’T MOVE, and yet chooses to ignore it


  • Registered Users Posts: 2,475 ✭✭✭KaiserGunner


    Mint Sauce wrote: »
    As I dont particualy fancy getting thrown a few foot in the year, I will pass. But am sure there are plenty who would. Although now with dash cams...



    I would have considered waiting on the police to show, and then point out the camera, and claim damages my self.

    If that is real, well then that is one of the most pathetic things I’ve ever seen in my life. I actually fear for humanity when I watch things like that.


  • Registered Users Posts: 3,854 ✭✭✭tabby aspreme


    What physical injuries did she receive as a result of being knocked down.


  • Closed Accounts Posts: 14,846 ✭✭✭✭Liam McPoyle


    PTSD is even more difficult to prove than whiplash.

    It is also a common enough symptom tacked onto whiplash claims.

    I'm a nervous passenger now your honour.

    I wake up with night terrors now your honour.

    As its virtually impossible to disprove the law will invariably side with the injured party and payment will be made.

    Based on the limited details available here it does seem like the claimant suffered psychological damage following the accident but rather than paying her a big fat cheque, I'd be much more in favour of having insurers fully covering the cost of all medical needs, getting the best psychologists money can buy and getting her intensive therapy.

    Instead, due to her own recklessness she walks away with a quarter of a million and a precedent has now been set.

    Joke shop judiciary strikes again.


  • Registered Users Posts: 8,810 ✭✭✭Hector Savage


    What a ****, absolute parasites
    And the f*cking judge ...


  • Registered Users Posts: 6,739 ✭✭✭knucklehead6


    What physical injuries did she receive as a result of being knocked down.

    A severe case of “show-me-the-money-itis”


  • Moderators, Arts Moderators Posts: 35,160 Mod ✭✭✭✭pickarooney


    Couldn’t disagree more. While we all have a reaponsibility to be careful on the roads the greater responsibility lies with the person who has a great big red fkn light saying DON’T MOVE, and yet chooses to ignore it

    Have you passed a driving test? Because it should have been beaten into you that the responsibility lies with the person liable to kill another person with their vehicle. That applies to not hitting cyclists acting the absolute ballbag on the road too, for better or worse.


  • Registered Users Posts: 29,294 ✭✭✭✭Mint Sauce


    If that is real, well then that is one of the most pathetic things I’ve ever seen in my life. I actually fear for humanity when I watch things like that.

    Plenty of them out there, young and old throwing them selfs on to bonents. Also cash for crash videos, of drivers reversing into cars, and claiming they were driven into.

    Weather real or fake, who knows, but would still tempt me into buying a dash cam.


  • Registered Users Posts: 6,739 ✭✭✭knucklehead6


    Have you passed a driving test? Because it should have been beaten into you that the responsibility lies with the person liable to kill another person with their vehicle. That applies to not hitting cyclists acting the absolute ballbag on the road too, for better or worse.

    Yes, I have passed the test. First time and have 20 years fault free driving under my belt. I had two claims, where I was crashed into but no ptsd or whiplash or anything.

    It’s attitudes like yours, the “someone else is always to blame for my mistakes and balls ups” that have this country in the state it’s in


  • Posts: 0 [Deleted User]


    severe lack of links in the OP


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  • Moderators, Arts Moderators Posts: 35,160 Mod ✭✭✭✭pickarooney


    Yes, I have passed the test. First time and have 20 years fault free driving under my belt. I had two claims, where I was crashed into but no ptsd or whiplash or anything.

    It’s attitudes like yours, the “someone else is always to blame for my mistakes and balls ups” that have this country in the state it’s in

    I don't know where you're getting that "quoted" text from but you can't very well assume your own opinion trumps the law of the land.

    I've been hit and run twice by eejits ploughing into roundabouts without looking and never got so much as the cost of repairs. Whatever about the moral or legal implications, the best tactic if you do hit someone is to just drive away as fast as you can.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    you make a fair point regarding hazards but i dont think its fair to blame the driver in the absence of evidence the driver was driving without due care.
    If you hit a stationary or a slow-moving object, then you've ballsed up. There's not really any way to argue it. A mechanical failure, perhaps, but even then one can argue you've ballsed up by not taking proper care of your vehicle.


  • Closed Accounts Posts: 9,046 ✭✭✭Berserker


    Mint Sauce wrote: »
    Plenty of them out there, young and old throwing them selfs on to bonents. Also cash for crash videos, of drivers reversing into cars, and claiming they were driven into.

    Only found out recently that this is a thing/scam going around. Friend of my mothers was driving around a roundabout, man in front of her jammed on the breaks, for no reason (no traffic or people around), hit reverse and backed into her. He got €25K compo due to the fact that he can't sleep properly, can't play golf anymore etc. People need to get a grip, this isn't "free" money. Guard told her that it is happening quite frequently these days.


  • Registered Users Posts: 6,739 ✭✭✭knucklehead6


    I don't know where you're getting that "quoted" text from but you can't very well assume your own opinion trumps the law of the land.

    I've been hit and run twice by eejits ploughing into roundabouts without looking and never got so much as the cost of repairs. Whatever about the moral or legal implications, the best tactic if you do hit someone is to just drive away as fast as you can.


    So you talk about me not being able to assume my opinion trumps the law of the land and the same post advise people to break the law of the land by leaving the scene of an accident.

    Riiiight.

    Come back to me when you have a coherent non contradictory argument.


  • Moderators, Arts Moderators Posts: 35,160 Mod ✭✭✭✭pickarooney


    So you talk about me not being able to assume my opinion trumps the law of the land and the same post advise people to break the law of the land by leaving the scene of an accident.

    Riiiight.

    Come back to me when you have a coherent non contradictory argument.

    You're welcome to break or ignore the law, just not really entitled to complain when you're caught and the law is applied against you.

    I don't know if you follow sports but it's like insisting to the ref or other fans that something isn't a foul because you don't agree with the rule as opposed to knowingly breaking a rule to gain advantage. You're personally better off doing the latter, up until you get caught and punished, and even then if you've got away with it enough times you might still be in the black.


  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    How about 25k for seeing ur sister ravaged by a tapir

    https://www.rte.ie/news/courts/2018/0710/977716-ruari-owens-court/

    He will forever be afraid to go near tapirs if he goes to the Amazon rain forest.


  • Registered Users Posts: 6,739 ✭✭✭knucklehead6


    judeboy101 wrote: »
    How about 25k for seeing ur sister ravaged by a tapir

    https://www.rte.ie/news/courts/2018/0710/977716-ruari-owens-court/

    He will forever be afraid to go near tapirs if he goes to the Amazon rain forest.

    In fairness that kid has absolutely no personal responsibility. While it’s a fair whack, it isn’t 1/4 of a million.

    In yesterday’s case the woman either ignored or didn’t see a red light and walked out in front of a moving motor vehicle


  • Moderators, Arts Moderators Posts: 35,160 Mod ✭✭✭✭pickarooney


    judeboy101 wrote: »
    How about 25k for seeing ur sister ravaged by a tapir

    https://www.rte.ie/news/courts/2018/0710/977716-ruari-owens-court/

    He will forever be afraid to go near tapirs if he goes to the Amazon rain forest.

    Why were children in a cage with a wild animal?
    I mean...

    Edit: I had started a long reply on this but I started to meander and just tapired off near the end.


  • Registered Users Posts: 16,133 ✭✭✭✭Grayson


    In fairness that kid has absolutely no personal responsibility. While it’s a fair whack, it isn’t 1/4 of a million.

    In yesterday’s case the woman either ignored or didn’t see a red light and walked out in front of a moving motor vehicle

    The point was that they both have PTSD.
    the woman would have been treated and assessed by professionals. They diagnosed her. You have a problem with the diagnosis, bring it up with them.

    To award damages the judge would have them worked out how much she would have lost because of the accident. So he assessed potential future earnings. He did that and came up with a figure.

    He then knocked a chunk off because she crossed at a red light and was therefore partially responsible.

    BTW, calling her a bitch was a really scummy thing to do.


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  • Registered Users Posts: 16,133 ✭✭✭✭Grayson


    Why were children in a cage with a wild animal?
    I mean...

    Edit: I had started a long reply on this but I started to meander and just tapired off near the end.

    h883FC635


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