Driver ordered to pay €142,000 in damages for car accident death

A court has ordered a man to pay €142,000 in damages to the family of a girl who lost her life in a car crash he caused, holding that his lack of caution had cost the girl her life.

Judge Anthony Ellul had heard how, in November 2012, Clint Xuereb had lost control of his vehicle on the Coast Road, crashing onto the rocks approximately 4 metres below. His passenger, 18-year-old Yana Xerri, was ejected from the passenger compartment and died at the scene. Xuereb’s life was saved by his seatbelt.

 Xuereb had told the court that he had been out drinking in Paceville with the victim on the night of the accident, consuming between four and six alcoholic drinks before leaving at approximately 4:30am.

The judge noted that the only witness to the incident was the accused, who had claimed to have been driving at 70km/h, when the rear wheels lost grip, causing the car to skid across the carriageway, through a crash barrier and onto the rocks below.

The 65-metre-long skid mark on the road had indicated that he was driving above the speed limit. It had not been presented with evidence to show that the vehicle may have been defective or that road conditions were unfavourable or a contributing factor to the loss of control.

In addition, breathalyser tests taken several hours after the accident had still come back as over the drink-driving limit.

In 2013, a court had subsequently found Xuereb responsible for involuntary homicide caused by negligent driving and fined him €6,000, also suspending his licence for three years.

The victim’s father had filed a claim for damages following the guilty verdict.

Although the first court had found Xuereb to be liable for €6,000 damages, noting that he would spend the rest of his life living with the guilt of having caused the girl’s death, the judge disagreed, holding that it was not giving the right message or providing a deterrent.

The court took into account the girl’s salary at the time, her age and projected salary increases and arrived at the figure of €140,000, which it ordered Xuereb to pay the Xerri family, remarking that all who hold a driving licence have a responsibility to drive with the requisite caution.