Refuse truck driver fined €58,000 for injuring motorcyclist
A court has ruled a refuse truck driver was responsible for a 2013 collision with a motorcyclist in Gozo, ordering him to pay the victim compensation for the 15% disability he sustained as a result of the accident
A court has ruled a refuse truck driver was responsible for a 2013 collision with a motorcyclist in Gozo, ordering him to pay the victim €58,345 in damages.
On 23 March, 2013, Charles Zahra had been driving an ERF truck, registered in the name of Joseph Mercieca, at around 3.40pm in Rabat, when a collision occurred with a Honda motorcycle driven by Donald Cassar.
The then 21-year-old motorcyclist suffered grievous injuries to his left leg as a result of the accident, and was hospitalised. He was later deemed to have suffered a 15% disability by a medical expert.
In court, Cassar told presiding magistrate Joanne Vella Cuschieri that Zahra had failed to stop as he was exiting a carpark, leading to the collision.
The plaintiff’s case was supported by CCTV footage taken from the site of the accident, which showed the truck driving straight out from its parking slot onto the road.
Zahra countered that he had looked at oncoming traffic several times, and after waiting for a car to pass from the opposite side, drove ahead. According to him, this is when the impact took place.
On hearing both versions of events, the magistrate observed that Zahra’s account had been inconsistent, contrary to that of Cassar.
Finding for the plaintiff, the court held that the truck driver had failed to keep a proper lookout before venturing onto the road and that the motorcyclist could not have avoid the collision.
Thus, defendant was ordered to pay the sum of €58,345.59 by way of damages to Cassar. In calculating the amount due, magistrate Vella Cuschieri took into account the victim’s young age.