By Eimear Dodd
A man has been fined and disqualified from driving for two years for careless driving which caused “life-changing” injuries to a motorcyclist he collided with.
Brian Jackson (63) of Cherrywood Road, Cabinteely, Co. Dublin was halfway through executing a u-turn on Cromwellsfort Road, Walkinstown when he collided with a motorbike which was travelling in the same direction.
When gardai arrived at the scene on December 9, 2019, it was initially believed that the motorcyclist had suffered minor injuries, but it later transpired that he had sustained serious internal injuries and was in a coma for five weeks.
Jackson was convicted at Dublin Circuit Criminal Court of careless driving causing serious bodily harm.
He initially faced a charge of dangerous driving causing serious bodily harm, but the jury returned a guilty verdict on the lesser charge, which carries a penalty of two years imprisonment or a fine of up to €10,000. He has no previous convictions.
Today, Judge Patricia Ryan noted that the court must sentence Jackson for careless driving causing serious bodily harm, and “unfortunately and very tragically, this careless driving resulted in serious bodily harm” to the victim.
She noted the victim described in an impact statement how the injuries continue to affect him.
“He will not ever regain the health he enjoyed before the accident,” Judge Ryan said, noting that the collision resulted in “life-changing injuries” for the victim.
The judge said the injuries sustained by the victim were among the aggravating factors in the case.
Having considered the mitigation, Judge Ryan imposed a fine of €3,000 and a two-year driving disqualification from April 2025.
Judge Ryan said the court had taken into account Jackson’s personal circumstances, including that he works outside Dublin, but considered it appropriate that there should a two-year driving disqualification.
Garda Naoise Berry previously told the court that when gardai arrived at the scene, the victim was being helped to his feet and was taken to hospital by ambulance.
It was initially believed he only sustained minor injuries, but it later became apparent that he had serious internal injuries.
The court heard the victim was in a coma for five weeks following the accident.
In a victim impact statement, the motorcyclist said he is “someone whose life has been irrevocably changed” and that he became a casualty due to “someone else’s carelessness”.
He said his sister was asked if she wanted prayers to be said for him on the night of the accident, because his chances of survival were assessed as low.
The victim said he has been through operations, treatments and therapies since the accident.
He said he requires daily medication and the accident has also caused an “immense” financial burden.
He said the accident was “emotionally devastating” and led to the loss of his independence and the active lifestyle that he knew.
He said he mourns the life he had before and what happened wasn’t only a moment in time, but left him with a “life sentence” due to its permanent impact on his ability to live.
He thanked medical staff who saved his life.
Gda Berry agreed with Kieran Kelly BL, defending, that his client was entitled to make the u-turn in that location under the Road Traffic Act, but the jury found he was careless.
It was further accepted that his client was co-operative, that rain the night after the accident made it difficult for gardai to complete a forensics analysis and that an engineer’s report was available during the trial.
Mr Kelly asked the court to take into account all the circumstances of this “unfortunate and tragic accident”.
He said his client was fully insured, taxed and breathlysed at the scene and there were no issues.
Counsel said his client is apologetic and remorseful and a civil case has also concluded, with compensation paid.
He noted that this accident also had an effect on his client and a number of testimonials were handed to the court on behalf of Jackson.
Mr Kelly asked the court not to disqualify his client from driving as he said Jackson is in charge of postgraduate studies at the South East Technical University (SETU) and he needs to drive for work.
In her sentencing remarks, Judge Patricia Ryan said any compensation paid to the victim in a civil case had “no relevance” to the current case before the court, adding “no compensation could compensate for those type of injuries”.
She said the mitigation included Jackson’s work record, the absence of previous convictions and that he has not come to other negative garda attention.
The judge directed the fine should be paid within six months.