Motorcyclist wins €46,000 in damages over ‘death trap’ crash barrier

A motorcyclist who lost his arm in a collision with a “death trap” roadside crash barrier in 2014 has been awarded just over €46,000 in compensation from the Transport Authority, by a court.

John Baldacchino suffered a 60% disability when his Yamaha XJR 1300 skidded into the guard rail as he was negotiating a bend in the road, 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.

His lawyer, Carlos Bugeja, argued that the type of sharp-edged crash barriers installed had been described as a “death trap for motorcyclists” in a European Parliament report. The placement of a kerb in front of the barriers made it exponentially more dangerous, it was argued, as first the rider would hit the kerb, lose control and then collide with the barrier.

In his judgment on the case for damages, Mr. Justice Lawrence Mintoff noted that a court-appointed expert had noted the road was hazardous for errant vehicles, lacking a centre divide, having a substandard curve radius, steel lighting poles and a kerb.

The authority’s own representative recognised that it was dangerous not to have crash barriers on both carriageways and even more so to have a kerb constructed in front of them.

In view of this, the judge found the authority solely responsible for the damages suffered by Baldacchino, ordering it to pay the man €46,056 with legal costs and interests.