A motorist involved in a head-on collision in Gudja 10 years ago has been ordered to pay €10,000 in damages to the victim.
A woman suffered a permanent three per cent disability in the accident, which took place in February 2006.
John Grech had lost control of his van while driving in Dawret il-Gudja in wet conditions and skidded into the opposing carriageway, colliding with the other vehicle heading in the opposite direction.
In 2010, the man was convicted of dangerous driving and involuntarily inflicting grievous injuries to the victim.
In its decision, the Civil Court, presided by Madame Justice Anna Felice, said the version of events given by Mr Grech was not credible and his testimony in court did not tally with his initial statement given to the police.
His admission that he had not noticed the woman’s car showed that he had failed to keep a “proper lookout”, the court said.On the other hand, there were no shortcomings on the part of the injured party who had been driving in her own carriageway when the other vehicle crashed into her head-on.
The sketch of the accident also showed that she could not have avoided the collision, Madame Justice remarked.
The court also dismissed the man’s argument that his vehicle skidded due to the slippery conditions, saying he was also bound to prove that he had taken all precautionary measures to avoid this from happening.
It said it was not convinced that the man had been driving prudently. Moreover, he acted aggressively towards the police and refused to perform a breathalyser test even though he reeked of alcohol.
Consequently, he should be held solely responsible for what happened, the court ruled.