Suspended sentence for driver who knocked down e-scooter rider

By Isabel Hayes

A motorist who ran a red light and knocked down an e-scooter rider as she went through a pedestrian crossing has been given a suspended sentence.

Svetoslav Trifonov (46) was driving his car along Malahide Road in north Dublin when he went through a light that had changed from green to red, knocking down the woman as she attempted to cross the road.

The woman (32) suffered multiple spinal fractures, a fractured leg and a collapsed lung in the wake of the incident. She required two surgeries.

Trifonov, who works as a bus driver, was originally charged with dangerous driving causing serious harm but he pleaded guilty at Dublin Circuit Criminal Court to careless driving causing serious harm to the woman on September 22, 2022.

This plea was acceptable to the Director of Public prosecutions (DPP) and to the injured party in the case, Fiona Pekaar BL, prosecuting, said.

Careless driving causing serious harm is an offence that carries a maximum sentence of two years’ imprisonment and / or a fine of up to €10,000. There is no mandatory driving disqualification associated with the offence, Judge Orla Crowe was told at Trifonov’s first sentence hearing last week.

Mark Lynam SC, defending, told the court that his client’s bus driving career is dependant on his ability to drive and he asked the court not to disqualify him. Trifonov, of Church Road, East Wall, Dublin, has no previous convictions and an “impeccable” road traffic record, the court heard.

“It was an aberration for him,” Mr Lynam said, adding that Trifonov has been driving in the city centre for years and “nothing remotely like this has happened before”. A letter from his employer was handed in to court.

Garda Damien Geraghty gave evidence that on the evening in question, Trifonov was driving along  Malahide Road when he crossed a light that had just turned from green to red. He hit the woman who was riding her e-scooter through the pedestrian crossing and she was taken to hospital.

Trifonov remained at the scene and was co-operative with gardaí. He said he hadn’t noticed the injured party.

In her victim impact statement, the woman outlined the extent of her injuries and said that over three years later, she still suffers physically. The court heard that while she is able to walk, she has “physical limitations that affect (her) daily life”.

She was unable to work for a period after the accident, which caused financial stress and she struggles with anxiety and reduced confidence. CCTV footage of the incident was played in court.

Defence counsel said the woman “came very quickly from the side and went quickly through the pedestrian crossing”. Trifonov didn’t see her but he “did take a risk, he did go through a red light and he hit her”, Mr Lynam said.

Trifonov’s concern has always been for the woman and he was relieved to hear she is recovering to some extent, he said.

The Bulgarian national has been living in Ireland for 18 years and two of his three children are still financially dependant on him, the court heard.

Sentencing Trifonov, Judge Orla Crowe said the woman is still suffering and was “clearly very heavily impacted”.

She accepted that he had no previous convictions, that there was nothing wrong with his car but he “took a risk” and went through a red light.

“It demonstrates the dangers of taking unjustifiable risk of continuing when a light has gone red,” Judge Crowe said.

She accepted that Trifonov has always worked and has lived a pro-social life. He has shown remorse and is shocked and horrified by his behaviour.

Judge Crowe said a headline sentence of 18 months was justified in the case before she imposed a sentence of 12 months which she suspended in full on strict conditions. She also imposed a fine of €3,000 and gave him six months to pay the fine. She did not disqualify Trifonov from driving.