Ban for Limerick truck driver who was reversing cattle lorry into farmyard

A DRIVER of a car involved in a collision with a cattle truck said he “knew nothing until I hit the side of the lorry”, Newcastle West Court has heard.

The driver of a cattle truck who was reversing into a farmyard at the time - Paul Nolan, aged 63, of Farran, Feohanagh - pleaded not guilty to careless driving at Clonmore, Dromcollogher.

Mr Nolan, who was represented by Rossa McMahon, solicitor, was not in court.

The driver took the stand and said he and his partner were on the main road between Dromocollogher and Feohanagh on January 12, 2022.

“I knew nothing until I hit the side of a lorry. There were no lights on it. I looked across at my partner - her head was thrown back.

“I couldn't open the door. I put my shoulder to it and fell out on the road. I couldn't put weight on my legs and I am still not right breath wise. We were lucky we didn’t go underneath the lorry,” said the injured party who was driving a Peugeot 206.

Mr McMahon asked him if he had a full driver’s licence.

“No, a learner permit. I had a full licence but it got lost. I had to hand it into the garda station after I was stopped at a checkpoint – I didn’t have it with me. It got lost in the garda station,” he said.

The solicitor said normally a copy of the driver’s licence is taken by gardai and the licence is handed back.

“I don’t know. That’s what happened,” said the driver.

Mr McMahon asked if he saw a person with a flashing lamp on their head on the road.

“No,” he said.

Mr McMahon said it was “unusual” that on a long straight stretch of road he didn’t see anything.

“I could do nothing. It was like it came out of nowhere,” said the victim who outlined that he suffered damage to his knee, ribs and still has difficulty breathing.

His partner was next to give evidence.

“It just appeared in front of us - grey steel just appeared. It was very dark,” said the woman who damaged her ribs in the collision and didn’t drive for four months.

The investigating garda, Leanne McCarthy said the cattle truck Mr Nolan was driving crossed over the white line as he was reversing into his farm yard.

Inspector Oliver Nally, prosecuting, asked is it the law to have lights on the side of a vehicle?

“Yes,” said Garda McCarthy.

Mr McMahon asked Judge Carol Anne Coolican to dismiss the case.

“He (the injured party) said ‘I collided with the lorry’. It is a straight stretch of road. I submit it is surprising that you would come upon a vehicle without seeing anything. The facts don’t add up.

“The key point is there is no evidence that the manner of driving that he (Mr Nolan) engaged in was careless,” said Mr McMahon.

Insp Nally said if the defendant was in court he would ask him why he reversed a large vehicle on the road into a farm yard instead of driving it in.

“There were no lights on the side of the vehicle. He would have been out on the road backing it in for not an insubstantial amount of time,” said Insp Nally.

Judge Coolican said she was satisfied that the careless driving offence was proven by the State and the injured party didn’t see any lights on the night.

The judge found Mr Nolan, who has no previous convictions, guilty of careless driving. She disqualified him from driving for two years and fined him €450.

Recognisance was fixed in the event of an appeal.