A man who hit a neighbour with his car said he couldn't have see him

A man who hit his neighbour with his car in a ‘momentary lapse in judgement’ has been fined by Thurles District Court.

Thomas Whelan (42) of 6 Lios Na Sí, Johnstown, Kilkenny, was fined €200 for careless driving.

The court heard that on February 12, 2021, at approximately 7pm, Mr Whelan was pulling into the Inver service station on the Dublin Road, Johnstown.

The court heard that as he turned his car, he hit a pedestrian who was crossing at the entrance. CCTV played in the courtroom showed the moment of impact.

Mr Whelan told the court he had not seen the pedestrian until he hit him and had gone to his aid following the accident.

He told the court that the CCTV does not accurately show how dark it was that night.

“I just didn’t see him, simple as that,” said the defendant.

The court heard that the street lights were out on one side of the road, but the area was illuminated by the service station’s canopy.

The solicitor for the defendant, told the court that the injured party was dressed “head to toe in black.”

He argued that given this, and the faulty street lights, it was not ‘humanly possible’ to see the pedestrian before the accident.
However, the state argued that it wasn’t so dark the defendant could not have seen down the street and had the benefit of headlights.

They argued that had the defendant been paying attention, he would have seen the injured party.

The state told the court the defendant had passed the roadside breath test and although they seized his vehicle, no defects were found.

The court heard the injured party sustained injuries to his head, wrist and collar bone and can not remember the incident.

Judge Alec Gabbett said that regardless of the lighting, drivers are obliged to take care for pedestrians.

He said the ghost island in the middle of the entrance is designed for drivers to stop, and it was clear from the CCTV evidence that the dependent had not used them. The judge said he didn’t think Mr Whelan was a dangerous driver, but this incident demonstrated "carelessness."

He said Mr Whelan was a ‘nice man going about his business’ and had a “momentary lapse in judgement.”

He also said it was unfortunate that the injured party was a neighbour of the defendant.