A DRIVER who claimed he swerved and ended up trapped in his work van in a ditch to avoid hitting a child on the road was convicted of careless driving and fined in a Limerick court this week.
Patrick McCarthy (38) of Abbeycourt, Rathkeale, was before the District Court in Kilmallock after his van smashed into a verge twice and ended up on its side in a ditch with Mr McCathy hanging by his seat belt.
The court saw dash cam footage from the car of Garda Superintendent Aileen Magner, who happened to be driving behind the accused man’s car when the accident happened on August 31 last on the road between Ballingarry Village and Rathkeale.
The superintendent gave evidence of seeing Mr McCarthy’s Hyundai striking the ditch and “bouncing across the road”, describing the vehicle as “completely out of control.”
Judge Patricia Harney saw footage of Supt Magner rushing from her car to the scene of the accident.
“I was first on the scene. The car was on its side in the ditch and Mr McCarthy was suspended by his seat belt.
“I didn’t dare try to get him out or touch the vehicle in case it turned over or he had spinal injuries,” she told the court.
Despite Mr McCarthy’s evidence that he swerved to avoid hitting a child, Supt Magner said she did not see any child, or anyone else, on the road.
Put to her by Mr McCarthy’s solicitor that she did not see the entire accident, Supt Magner said “I can only give evidence of what I saw”.
Mr McCarthy took the stand and told the court that he was driving his work van and was under no pressure at the time, explaining that his only reason for swerving was to avoid hitting a child.
While a statement he made to Gardaí on the day after the accident was not allowed in evidence, he was asked why he didn’t make mention of the child in that statement.
“It was the day after the accident. I went to the Garda station to try to track down documents that were in the car and were sensitive and a GDPR issue.
“I had damaged company property and left sensitive information in the car. I was scared I was going to lose my job. I was definitely not in my own zone.”
Mr McCarthy said he had “made a split second decision”, adding that “I believe I would do the same thing if it happened again today”.
Convicting him of careless driving, Judge Harney said that she was “satisfied he was not exercising the degree of care and attention required”.
Given his previously blameless driving record, the Judge said she would not disqualify him and fined him €300.
