Court reduces damages in Gozo traffic accident case

jcmicallef

Mar 4th 2009, 08:01

Certainly, the thought of the boy who's disabled for life is heart breaking,but it is not fair that so much fault is put on the car drivers.

At my hometown, kids riding bicycles are a constant hazard, even at night, and they often go around without lights or reflective clothing.

Only last week while manouvering around the Lowenbrau roundabout, 3 kids were on bikes at a very busy time of the day and one of the buggers intentionally made a gesture to distract me, which he almost did - as I had to take evasive action thinking he was going to cross the road. He just laughed.

These kids think they're having fun, but they're a danger to themselves and a hazard to others.

The parents simply cannot be exonerated of their responsibility. Our roads are hardly safe for cars, let alone bikes, so instead of kicking their kids out, they should spend more time with them and take them to enjoy their bicycles, footballs and whatever ou tin the country, playgrounds, sports venues or Ta'Qali.

roger micallef

Mar 3rd 2009, 19:49

I like how half the most important details of the case are left out in this article. First off, the 11-year-old boy was not left to supervise his younger brother, but rather a 16-year-old was left to supervise. Also, the road is by no means a busy road, and was used mainly by the residents of that area. Another thing, Mrs Mercieca was not ordered to pay for the damages, but rather the insurance she was using at that time.

Michael Andrews

Mar 3rd 2009, 19:23

@ S Calleja.
I would be more than happy if my insurance company paid the sum coz i was insured. And as for the "not insuring me again" part.... my current policy allows anyone over 25 to drive my car.My wife could insure the car herself and i would still be able to drive it.

martin saliba

Mar 3rd 2009, 19:07

Go to European court. The parents should be sued for allowing their children to be able to take their bikes at their own will and causing trauma to the driver.

B.mifsud

Mar 3rd 2009, 17:47

Yes folks i to agree with Miss.Hartmann i have been to Holland and i see the way everything is done in a proper manner on their roads, i understand they have a very stickt driving practices, their police always keep a sharp eye out for abnormal driveing behaviour and as in the case of a bicycles wondering off the allocated roads,or a moped they are very quick to react and put matters straight with very heavy fines on the spot.Malta and Gozo's traffic authorities unfortunitly seems to put more emphases on sticking parking tickets, or directing traffic near a blocked road with construction rather then sorting problems on the actual main roads, i know too cause i too have driven on many many different countries during my travels.
Barrie Mifsud

Joe.Falzon

Mar 3rd 2009, 15:57

We too agree with Mrs.Hartmann, although bikers have also rights, but not when a kid of under 16 is useing the same road when there is normal or heavy traffic as in my opinion its not always the driver's fault however a sharp look out should be maintianed at all times for the unexpected and believe you me after driveing many years abroad, Malta does have the unexpected. Jos. Falzon

Mark Spiteri

Mar 3rd 2009, 15:44

I agree with post by Hartmann. Yesterday , I almost ran over a young boy on a bicycle who was coming even wrong way. When I turned round the corner and I came across the bicycle who was riding in the middle of the road. Luckily, I was driving with moderate speed & was on the lookout.
I sometimes wonder how this kid was left running around on his bicycle esp. during the evening !!!

Hr en Mv Hartmann

Mar 3rd 2009, 15:25

In the Netherlands where we come from, the bikers are only allowed to ride a bicycle in special lanes allocated for slow traffic in this case bicycles,and vice versa cars on normal roads with proper signs and speed limit of course, however in Malta and in Gozo we seem to come across all sorts of road users and unfortunately children under age tend to wonder on main roads and alas accidents do happen which can be avoided and unfortunately the driver of a motor car always seem to be at fault for some reason or another, especially if a foreigner is driving on any Maltese or Gozitan roads, & no matter whose in the wrong, the foreign driver always seems to get at least 80% fault, this has always been the case from our experience and i reckon each case should be judged not because a foreign is driving but whoever is at fault a Maltese or an outsider. Hr.Hartmann

wally vella-zarb

Mar 3rd 2009, 15:09

@ Mark Galea. Maybe I am missing something but, isn't this why we are legally obliged to take out Insurance that covers injury / damage to Third Parties? Otherwise, the victim of an accident like the one described would be fully dependent on the finances - or lack thereof - of whoever causes the accident.

S. Calleja

Mar 3rd 2009, 15:01

@ Mark Galea. Such a sum will be paid by your insurance company provided you are covered 3rd party at the point of the accident, which is the minimum required by law. The problem would be that the insurance agent/company will refuse to insure you again, and so would other insurances when they see your history.

Mark Galea

Mar 3rd 2009, 14:26

I almost panic when I see these news items. I have been driving for almost 30 years and my daughters, ages 21 and 18 are now both on the road too. Accidents can happen to anyone, but the penalty imposed in this case is very extreme, in my opinion. A sentence like that would finish me (and I suspect most average people) off. True...the boy has to live with a disability, but I can assure you I never let my children ride a bicyicle on busy roads, amongst traffic. How can a 6 year old be road wary, and use the same caution on the road of an adult? Much as I feel sorry for the boy and his parents, I feel much sorrier for the driver, who, unless loaded, will literally have to spend the rest of her life working to pay off this penalty. Unbelievable!

Christopher Grainger

Mar 3rd 2009, 14:15

Elsewhere the parents would have had a serious case to answer by l;eaving a 6 year old in the care of an 11 year old.
In most countries the minimum age of a carer is deemed to be 14.

The circumstances of this terrible accident point towards the fact that an 11 year old is not adequately mature to look after a 6 year old.

My sympathies to all involved.