Company, not council, liable for lorry’s fatal crash into roadworkers, appeal court holds

More than two years after the crash Mr Zachar was diagnosed with obstructive sleep apnoea which can cause the sufferer to fall asleep with no warning.In October 2021, the High Court’s Mr Justice Paul Coffey ruled in Mr Davey’s case that full liability for the damages claim was with MDS and Mr Zachar.

Mr Justice Coffey said that as Mr Zachar negotiated a bend in the road, while still awake, he must have been aware he was feeling drowsy from which it can be inferred that he made a conscious decision to continue driving and not to pull in and take a rest. The judge said the council ought to have, but failed, to provide an effective lateral safety zone to ensure that the truck and the digger were placed at least 1.2m in from the broken line of the hard shoulder.

It also said the High Court judge wrongly inferred Mr Zachar must have been awake when he negotiated the bend and aware he was feeling drowsy and made a conscious decision to continue driving.In the main judgment, Mr Justice Seamus Noonan said the trial judge’s conclusion was one that was “open on the evidence and correctly arrived at”.

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