By Eimear Dodd
A man who didn’t see a stop sign collided with another car while on his way to the barbers, causing life-changing injuries to the other driver, a court has heard.
Harry Smyth (26) of Main Road, Kilsallaghan, Co. Dublin pleaded guilty to careless driving causing serious bodily harm on September 8, 2023 at Nevitt, Balbriggan Co. Dublin.
Dublin Circuit Criminal Court heard that Smyth was driving a Ford Fiesta when he collided with a black Toyota Yaris, being driven by the injured party whose adult daughter was a back-seat passenger in the car.
Dublin Fire Brigade had to remove the car roof when they arrived on scene.
The Toyota driver sustained serious injuries to his back and neck in the accident, and was taken to hospital, where he underwent an operation and other treatments.
His daughter didn’t report any injuries.
Smyth remained at the scene and told gardai he was on his way to an appointment at the barbers.
He said he was unfamiliar with the road and had realised after the collision that he’d mistakenly gone through a stop sign at a junction between two rural roads.
Smyth said he initially believed he had right of way, and that he was looking ahead and didn’t see the stop sign.
He told gardai when he got out of the car after the accident, he noticed the stop sign.
The court heard this sign is about one metre from the road, towards a hedge.
An investigating garda told the court that Smyth’s voluntary admissions were the grounds for the prosecution against him, and that he was fully co-operative, asking after the other driver at the scene
Smyth has no previous convictions, has a full driving licence and was fully insured.
He tried to plead guilty when the case was initially mentioned at the District Court, before the Director of Public Prosecutions had issued directions. He later entered an early guilty plea.
The investigating garda told the court that Smyth approached the injured party at District Court to apologise and the men shook hands.
Reading his victim impact statement to the court, the man said he suffered “life-changing” injuries, which have left him with constant back and neck pain.
He said tasks like gardening take longer than before, which is frustrating.
He also said that he uses a cane when walking due to the risk that a fall would affect his neck and he can’t walk far due to pain.
The injured party said the accident had a “devastating impact” on his family, causing severe anxiety to his wife and that his daughter won’t get into a car, which has affected her quality of life.
He said: “I do regret to say there has to be serious consequences for Smyth, this collision was avoidable.”
Defence counsel said her client was on his way from work to the barbers and failed to notice a stop sign when the accident occurred.
She noted that her client behaved appropriately after the accident, stayed at the scene, fully co-operated with gardai and pointed out his wrongdoing.
A civil case has also been taken.
Counsel said her client is apologetic and a letter of apology for the victim was provided to the court.
She said her client has since taken a road safety course and doesn’t underestimate the impact on the victim.
Counsel said Smyth has a young child, a supportive family and a good work history.
She asked the court not to disqualify Smyth from driving as he requires his car for work and doesn’t live near public transport.
Judge Martin Nolan noted the accident has been “pretty devastating” for the victim and his family and the court was very sorry for the impact on them.
He said the careless driving was that Smyth didn’t notice the stop sign.
Judge Nolan said the court could not identify aggravating factors in this case such as excessive speed, previous convictions or intoxication.
He said drivers have a responsibility to concentrate and pay full attention but “most people who drive have experienced periods of inattention when their concentration lapsed”.
The judge said this case involved a “failure of concentration and attention” by Smyth and imposed a nine-month prison sentence, suspended on strict conditions.