Heirs of traffic crash victim win €150,000 compensation
The heirs of a man who was killed in a traffic accident 17 years ago have been awarded almost €150,000 in damages by the Civil Court.
Antoine Brincat died in the wreckage of a Suzuki driven by Claudia Camilleri.
The incident happened in Aldo Moro Road , Marsa, at 4.45 am on November 1, 1993 when Ms Camilleri lost control of the vehicle and crashed into an electricity pole. Mr Brincat died as a result of the serious injuries he suffered in the crash.
At the time of the accident the Suzuki was not covered by insurance as Ms Camilleri’s brother, who owned it, had failed to renew the insurance when it lapsed a few days previously.
The court heard that Mr Brincat had met Ms Camilleri and another friend after she finished work at the Riza Aparthotel. They went to the Suncrest Hotel and then to Paceville where they remained until between 3.30am and 4.00am.
No conclusive evidence was produced to show that Ms Camilleri had been under the influence of alcohol when she was driving. No tests for alcohol were carried out.
Ms Camilleri did not testify as she had no memory of the accident, while Ms Cauchi, the other passenger, could not testify properly as she was asleep when the accident occurred.
However, the court concluded that Ms Camilleri was to blame for the accident as she had lost control of the car and had been driving at excessive speed.
The court observed that Ms Camilleri had been out of her home since 4.00pm on the day preceding the accident. In that time she had gone to work and had then gone out with her friends.
When liquidating the damages the court took into consideration that Mr Brincat was 25 years old when he had died and that his future earning potential was to be taken into consideration. Ms Camilleri was ordered to pay Mr Brincat’s heirs €149,371.07 in damages.
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glenn scerri
Nov 29th 2010, 23:54
150,000euros? how can a single person be entitled to pay that? i pity both parties in this incident. to loose a case like this is a life centence for Ms camilleri.
c mercieca
Nov 29th 2010, 19:11
One thing is for sure .... never give a lift to anyone and always leave the passenger's and the back seats empty. The family of your friends are NOT your friends.There is no need to be under the influence of alcohol cause an accident can happen to any one, any time and everywhere, all you need is just a little bit of distraction while driving. Tiredness can cause an accident very easily, but for some people, whenever they hear or read about a car accident in the early morning, alcohol always get the blame .....
G.gatt
Nov 29th 2010, 19:46
soo true!
C Cassar
Nov 29th 2010, 21:37
So what? If you're tired you also shouldn't be driving anyway, it's as bad as drink driving. What is it with the Maltese thatthey really can't understand that driving a car is a priviledge and must be taken seriously? Here's what being tired at the wheel can lead to: http://news.bbc.co.uk/2/hi/uk_news/england/1680492.stm
John Azzopardi
Nov 29th 2010, 18:31
In the past few years, I have been noticing that dead from a car accidents are resulting in a large amount of cash payments. Am I wrong on this or. How come when someone is murderered doesn't get compensated by the murderer and his family. This is also the case for other type of crimes.
Conrad V. Busuttil
Nov 29th 2010, 20:59
Dear Mr Azzopardi, A murder is committed with a deliberate intent and therefore falls under the criminal code, the sentence from which is intended to give penance to the criminal in the best interests of the community as a whole and not in particular. In the case of a traffic accident a court of law sets out to establish liability arising out of negligence and therefore the damages awarded through the sentence of the court is intended to re-instate or allievate the losses suffered by the third parties. If an investigation over a traffic results in the occurrence being a deliberate act, then the case is heard in the criminal court and the contract of insurance seizes to function as there would be a breach in one of the corollaries of a contract, ie that a contract may not function against public policy. With respect to the ever-increasing costs of damages, well this has to do with various factors including the status in life of the victim, his career path, life expectancy, inflation, cost of living, etc.
Peter Korsten
Nov 30th 2010, 07:30
Because this is a civil case, not a criminal case. I honestly don't know if you could sue a murderer in a civil court, similar to the O.J. Simpson case (who was acquitted in criminal court, but found guilty in civil court where the burden of proof is lower).
c. camilleri
Nov 29th 2010, 16:38
Our courts took 17yrs to settle this case. The police did not breathalyse the persons involved in the accident knowing the circumstances of the case.
It is just a case of shame, inefficiency and indifference all round.
I think that our Minister of Justice should take notice of such frequent cases and take the necessary action. For example it should be mandatory for the police to breathalyse persons involved in all traffic accidents.
Joseph Calleja
Nov 29th 2010, 15:42
Why is it that in Malta the police don't use the Breathalyser Tests? Is the law that naive or the police not smart enough? But then it's OK for the police to stop you and make any search they want to search for drugs etc. What is the legal limit for drinking and driving? (DUI).? Do we even have one? And if we do, why aren't the police enforcing that law? Why do you think about all these people losing control of their vehicle at wee hours of the morning? We need a strong law to stop DUIs before more people get killed due to drinking and driving. Let us not lose any more lives because of drinking and driving. Ever hear of the phrase Designated Driver? Probably not. STOP THE DUI'S NOW. NO DRINKING AND DRIVING. Start giving breathalyser tests.If the police smell alcohol on a driver.
C Cassar
Nov 29th 2010, 13:45
"They went to the Suncrest Hotel and then to Paceville where they remained until between 3.30am and 4.00am. No tests for alcohol were carried out."
Well, that really sums up Malta doesn't it? It doesn't take a great deal of intelligence to:
a) work out that driving back from an area full of bars and cluns at 04:45 in the morning might indicate that alcohol was involved
b) Breathalyse anyone after an accident, no alcohol then nothing to worry about.
c) To conclude these cases within 12 months not 17 years
H. Schembri
Nov 29th 2010, 13:21
I took 17 Years !! Unbelievable!
R. Gauci
Nov 29th 2010, 16:07
Welcome to Malta my friend!
G Ebejer
Nov 29th 2010, 13:13
"No conclusive evidence was produced to show that Ms Camilleri had been under the influence of alcohol when she was driving. No tests for alcohol were carried out. "
A big BRAVO! to the local police authorities. I don't like the expression much, but this is a true case of onlyinmalta I'm afraid .....
anthony caruana
Nov 29th 2010, 13:11
i throught every car was insurance even if it run out due to malties law it go back to the last one and the owner of the car was liable for any damages
before one put me down i had a case a few yaers ago when a Bus hit my wife car but there was no insurance on the bus but they claimed of the last person he payed
proble because it was a Bus ?????
by the looks of thing i was lucky then