Driver fined, banned from driving
A man has been fined €3,000 and banned from driving for one year after knocking over a 12-year-old boy on a zebra crossing, putting him in a coma for three weeks.
Emmanuel Schembri, was driving his Isuzu Elf van through Dawret Street in Għaxaq on November 6, 2006 at 6.30 p.m. when Carl Falzon was crossing the street on a zebra crossing, a court was told.
Mr Schembri’s van was travelling at 50 kilometres per hour when it hit the boy.
Mr Falzon insisted that the traffic lights were green at the time of the accident.
Testifying, Mr Schembri said that when the boy hit the van his attention was focused on the green lights.
As a result of the impact the boy hit the windscreen, smashing it, and was thrown around 25 meters from the van putting him in a coma for three weeks. Medical doctor Mario Scerri told the court that the boy left hospital with a neurological deficit. A second doctor, Dorianne Soler, said that the boy had suffered learning problem, memory problems as well as reading difficulties.
Photos taken by court experts showed that the crossing was well lit at that time of the evening.
Magistrate Doreen Clarke in her considerations said that Mr Schembri was travelling at the maximum speed limit when he hit the boy.
After taking into consideration that Mr Schembri was not keeping a proper look out at the time the court fined him €3,000 and banned from driving for one year.
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Vanessa Mifsud
Jan 14th 2009, 01:07
Correct me if i am wrong but is the maximum speed limit in residential areas 35km and not 50km? And as far as i am aware, when one comes to pass a zebra/pelican crossing, they need to slow down, whether its green or not..especially if they are in a residential area.
I Abela
Jan 13th 2009, 22:07
What I fail to understand is why drivers always take the blame for an accident? While I agree that there are some fellows who think they are Kings of the Road, there are also pedestrians who think they are Kings of the Road. Actually when you think about it (in most cases) when a person is run over, it is always the person who is in the middle of the road, not the vehicle in the middle of the pavement.
Christine Vella
Jan 13th 2009, 17:47
This reminds me of a friend who was run over on a zebra crossing in Constitution Street Mosta after he had already crossed most of the zebra crossing and had almost reached the other end. He was run over by a car whose owner lived just round the corner from where the accident happened (so there was no excuse that she did not even know about the zebra crossing). For some odd reason the police never collected any names of people who saw the accident. Maybe they expected the person who was run over to do their work. Not a penny of compensation was ever paid to the person who ended up in hospital, with stitches in his forehead and in his leg. And the person who caused the accident went scotch free.
c.camilleri
Jan 13th 2009, 15:28
It took more than 2 yrs for our courts to settle this case. Efficiency at its best. Many European countries are contemplating prison sentences for case like this and not light sentence like this one.
J brincat
Jan 13th 2009, 14:55
There are many things the state of driving in Malta can be attributed to - Condition of roads, condition of cars, lack of how to drive (due to the highly inadequate lessons and test we used to have), poor road signage, hidden signs and traffic light (behind bushes, walls, incorrectly parked cars etc), lack of control over drunk drivers and a whole host of other factors. It appears that the driver was speeding but could this accident also have been down to the fact that this particular driver had been incorrectly taught, his car was not suitable (bad brakes etc) or any other of these points? I do not know but for every innocent accident there must be a hundred more which could have been avoidable.
michael fenech
Jan 13th 2009, 14:47
@ A.Guoder,
I mean evev if a dog is crossing the road most poeple stop, let alone when poeple are crossing on green or red light.
Is the boy getting help or conpensation for his injuries?????????
Joseph Pace
Jan 13th 2009, 14:12
Why do they make maximum speed limits and then hold it against you if you stick to them?
Was the boy "keeping a proper lookout"? if he was he should have noticed a large van coming at him at 50 km/h whatever the colour of the lights. If he was looking, it should have been easy to judge that the driver has no intention of stopping.
Besides, this man was banned from driving because he committed a human error, to which we are all susceptible. He was not overspeeding, he was not under the influence, he was not driving recklessly, he failed to see a boy who was crossing the road, who had failed to see his van. It could happen to anyone....methinks.
Mike Farrugia
Jan 13th 2009, 13:44
Since when has it become a crime to drive at the maximum speed limit? Since when do zebra crossings have lights? Was is a pelican crossing perhaps? If the driver was negligent, he should have been given a tougher sentence but if the boy crossed the road recklessly, why should the driver be blamed?
Ramon Casha
Jan 13th 2009, 12:58
While I'm sorry for the boy, based on this report there has been a miscarriage of justice here.
If the boy crossed while the pedestrian light was red, then the driver WAS keeping a proper look out - his lights were green and he drove past the crossing. I lost count how many times I've seen pedestrians running across the road at Marsa just under the boys' Museum because they see the bus about to leave, often rushing onto the road just as the car lights turn green.
Responsibility for road safety is shared between drivers and pedestrians, and on the face of it, it seems that in this case it was the boy who made the wrong decision.
Adrian Gouder
Jan 13th 2009, 12:07
My greater concerns go towards the 12 year old child. I sympathise with anyone who wants greater punishment for drivers that overspeed, and particularly for those who go over a red light.
But, the article states the boy was throw 25m away, but the van was moving at 50km/h? Was the light green or red, and how was this proven. Are drivers to stop even when lights are red? I really do wush someone to explain.
Duncan Sant
Jan 13th 2009, 11:50
@ E Vella
"Kings of the roads" ought to be put in their place. But according to this news report, the light was green and the boy crossed while the crossing light was red. So it seems that this time it wasn't entirely the driver's fault....
When are we going to see the traffic lights cameras installed? We have a number of speed cameras (with a new one being installed in Tal-Barrani) but no sign of traffic lights cameras. This would have been useful to see if the lights were really green.
Charmaine Chetcuti
Jan 13th 2009, 11:48
@ Dave Alan Caruana
You should tell that to the drivers. I am a driver myself and always go extra careful when a zebra crossing is approaching. However most drivers take this as an opportunity to race against time and arrive at the zebra crossing before the pedestrian even looks to see if the road is clear let alone tries to cross.
Pelican crossing are the only way persons can cross safely these days. No one seems to take zebra crossing seriously. Then what you say about crossing is true...if the light suggests that I can cross doesnt mean that the cars actually stopped so pedestrians should still look before crossing.
Christopher Mamo
Jan 13th 2009, 11:45
I will start off by declaring that I am all out for punishing all forms of irresponsible behaviour.
My point is, however, what is the use of banning the driver from driving 26 months after the said incident? Was it a one-off incident where this individual was not paying FULL attention to the road in front of him? In this case, it's even unfairer for the ban to start applying now that 'so much' time has passed since the incident, considering he would not normally be a hazard to pedestrians and other drivers.
I stand to be convinced if I am wrong. In truth, I am in two minds about this...
As a matter of academic interest, would such bans apply to any license classes this person holds? In short, if he is being banned from driving his car, does suspension of trailer/motorcycle/etc licenses also come into effect?
TRW O'Neill
Jan 13th 2009, 11:31
Why did it take more than 2 years to get this case to court? Was the driver allowed to drive for those 2 years ?Crazy he could have had more collisions in that time. The ban would have been over by now.
E.Vella
Jan 13th 2009, 11:05
Good Job...now its the time that the "king of the roads" are to be punished. Its not the first time that this happens...that a car pass when it is red....I think that it must be more than just banned from driving
Dave Alan Caruana
Jan 13th 2009, 11:02
I feel sorry for Carl Falzon, however I wonder if anyone else notices up how 'pelican crossings' seem to have popped up everywhere replacing zebra crossing - including many places where they are not needed.
A zebra crossing gives priority to the pedestrian at all times, while a pelican light causes annoyance to both pedestrian and driver, many times having to wait for lights to change uselessly, and extra danger to the pedestrian who mistakenly crosses on a red light.
I remember learning as a kid .. look right, look left, look right again and if cars have stopped for you, cross. Much safer than 'see if the light is green and cross'.