A woman who was injured by a van while crossing a road has been awarded almost £150,000 in personal injury compensation in the High Court.
Amy McKernan was crossing the road at a busy junction on May 7th 2002, when she was struck by a van driven by Yuk Fong from Dublin. The force of the collision threw her onto the bonnet of the vehicle, before she landed on the road surface – sustaining facial and back injuries.
In her claim against Mr Fong and the registered owner of the van – Mr Yau Tsali Li – Amy claimed that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.
Yuk Fong and Yau Tsali Li denied the claims, and counter-claimed that Amy had contributed to her own injuries by failing to keep a proper lookout for oncoming traffic. However, as Amy was about to step onto the pavement when the accident occurred, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.