‘Death-trap’ barrier cost motorcyclist his right arm

A motorcyclist who lost his right arm in a collision with a traffic barrier has taken Transport Malta to court, claiming that it had installed barriers whose design had been described by the European Parliament as “a death-trap for motorcyclists” precisely because it was known to cause such injuries.

59-year-old John Baldacchino suffered a 60% disability when his Yamaha XJR 1300 skidded into the guard rail as he was negotiating a bend, heading towards Hal Far along Aviation Avenue in Gudja on 6 December 2014.

The motorcyclist's son was riding pillion as they were heading towards Hal Far. Baldacchino overtook a line of motorcycles as they came to a bend, and in so doing lost control of his motorcycle, crossing to the other side of the road and hitting the crash barrier.

His son only suffered bruises, while Baldacchino collided at some distance away with the iron railing.

Baldacchino underwent emergency surgery on his shattered right limb, involving several vein grafts and fixations on the fractured bones, however good circulation could not be restored and his right arm had to be amputated at the shoulder six days later.

Baldacchino, who was right-handed, was forced to learn to write, feed himself, use a computer and cope with life without his dominant limb.

Documents seen by this newsroom indicate that although Baldacchino had been in danger of dying, duty magistrate Gabriella Vella had declined to hold a magisterial inquiry as no third parties were involved or damages caused to government or private property.

Baldacchino had sent a letter requesting damages to Transport Malta back in February and after this was ignored, filed a judicial protest a month later.

When the government authority also failed to respond to this, Baldacchino filed a case for damages.

A 2011 European road safety report, adopted by the European Committee on Transport and Tourism in June of that year, had called on national authorities to design their roads in a way which would be non-hazardous to motorised two-wheeled vehicles. 

Point 64 of the motion reads as follows: “the standard guard rails used on European roads are a death trap for motorcyclists, and calls on the Member States to take prompt action (including replacing the existing guard rails) to refit dangerous stretches of road with rails with upper and lower elements as well as with other alternative road barrier systems, in accordance with Standard EN 1317.”

The sworn application, filed in the First Hall of the Civil Court by lawyer Carlos Bugeja requests the court declare Transport Malta solely responsible for the damages suffered by Baldacchino and award him damages and interest.