Man pleads guilty to causing serious injury in car crash with faulty car

By Sonya McLean & Eimear Dodd

A man who lost control of his car and veered into another vehicle, causing serious injuries to the driver, told gardai his “front wheels” were “probably at fault”, a court has heard.

A garda witness gave evidence that Connor James McCabe (29) effectively lost control of the vehicle, and that the car’s two front tyres were bald.

Connor James McCabe (29) of Carrington Park, Northwood, Dublin, pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious bodily harm on Balbutcher Lane, Ballymun on February 20, 2023

He also pleaded guilty to driving a defective vehicle in public on the same date in the same place.

Garda John Fitzpatrick told Gráinne O’Neill BL, prosecuting, that the victim was left with multiple injuries, including fractures to his arm and leg, a broken nose and a bleed in his brain. His speech and memory were impacted by the injuries he sustained.

A victim impact statement and medical report were handed to the court and not read aloud.

Gda Fitzpatrick said that it was his opinion that McCabe effectively lost control of the vehicle.

He agreed that two tyres on the front of McCabe’s vehicle were bald and he was later found to have traces of cannabis in his system.

McCabe told gardaí in a cautioned statement that he didn’t really know what happened – describing his car as going out of control, and that the “front wheels”, which needed to be replaced, “were probably at fault”.

McCabe was not arrested at the scene and suffered injuries including an open break to his leg, fractured hip and injuries to his hands.

After hearing the facts on Wednesday, Judge Martin Nolan adjourned the case overnight to consider sentence.

On Thursday, Judge Martin Nolan said, the injured party and this defendant were both driving their respective vehicles in opposite directions when, for no apparent reason, McCabe lost control of his car and crashed into the victim’s car.

Judge Nolan said both men sustained very serious injuries. He said that dangerous driving causing serious harm or death is a very serious case. He outlined that from the evidence heard, there was no speed involved, no phone use, no reckless behaviour and no use of intoxicants involved.

The judge said the McCabe’s bald tyres were slightly aggravating. He outlined the early guilty plea, the lack of any previous convictions, his remorse and his good work history were all mitigating factors in the case.

Judge Nolan said this man does not deserve a custodial term and handed out an 18-month suspended sentence and suspended him from driving for four years.

Gda Fitzpatrick told the court that the victim was driving under the speed limit on Balbutcher Lane and he was aware that he was driving slowly as there were speed bumps in the area. He said he was driving in the middle of his lane and the road conditions were good.

He said he noticed a car coming in the opposite direction and saw that it was drifting across to his side of the road. He recalls slowing down but didn’t remember anything after that apart from his head hitting off the steering wheel.

McCabe was fully insured, had a provisional licence and has no previous convictions.

Gda Fitzpatrick agreed with John Byrne SC, defending, that the likely contributing factor to his client losing control of the car was the two front bald tyres and that there is no suggestion of any other type of dangerous driving before the collision occurred.

The witness further accepted Mr Byrne’s suggestion that “many people try to get the most out of their tyres, but the time comes when they have to be changed” and his client was taking steps in that direction and had an NCT booked for the following month.

The garda also accepted that McCabe was a recreational cannabis user at the time and may have smoked a joint the week or weekend before this incident occurred. It was also agreed that there is no suggestion that McCabe was intoxicated to a level that it was a factor in his loss of control of the car.

It was further agreed that McCabe took full responsibility for what happened, and has displayed appropriate concern and empathy towards the victim.

Mr Byrne said his client accepts that “he took a risk that many people take and get away with” and the tyres would have been addressed as an NCT was booked for the following month.

Counsel said his client is otherwise law-abiding and carries “deep regret and remorse for his actions”.

He submitted that McCabe’s use of cannabis is a “tangent” in the case, and it is “clear” what caused the incident, “a moment in time when [McCabe] was taking a chance he accepts he shouldn’t have taken”.

McCabe has attended Narcotics Anonymous.

Testimonials from McCabe’s family and friends were handed to the court, along with a medical report. McCabe was working in airport security before this incident occurred and hoped to qualify as airport police, but has not worked since.