A motorist who caused an accident with a motorcycle after ignoring a stop sign has been ordered to pay €32,537 in damages.

Glenn Spiteri had been driving a Volkswagen Passat when he crashed into a motorcycle driven by Massimo Bonello, 45, at Tal-Barrani in June 2013. 

Mr Bonello sued for damages, alleging that Mr Spiteri had exited a side-road after ignoring a Stop sign.

The motorcyclist ended up on the other side of the road after skidding for some five metres.

In the wake of the accident, criminal proceedings were instituted against both drivers since the evidence showed that the motorcyclist had been driving without a licence, whilst the car driver had ignored road signage.

The motorcyclist had instituted a civil case for damages, claiming that the accident had been caused solely through the negligence of the other driver.

The First Hall, Civil Court observed that irrespective of the criminal action, it had to evaluate the evidence and decide who was to shoulder responsibility.

Mr Bonello stated that the car driver had shot out of the narrow road, ignoring the stop sign and crashing into his bike. After the accident, he was wheelchair-bound for two years and needed to undergo knee reconstruction surgery. He also needed physiotherapy twice a week. A medical consultant had warned him that “the road to recovery would be a long one.”

Mr Spiteri insisted that he had stopped at the stop sign and that the motorcyclist had skidded after being taken by surprise. At no point had his car made contact with the bike, the respondent had argued.

In the light of these conflicting versions,  Mr Justice Lawrence Mintoff observed that no sketch had been supplied since the vehicles had been moved after the accident.

However, the applicant’s version was more credible in view of the injuries suffered by him and the substantial damages undergone by the bike.

It was evident that the respondent had failed to keep a proper lookout, thereby causing the collision, the court concluded.

Mr Bonello had been 40 years of age at the time of the accident and had been living on social benefits. Moreover, it had been certified that he had suffered a 22% permanent debility.

Based on these facts and a working life expectancy of 65 years, the court set damages at €32,537 which it ordered Mr Spiteri to pay to Mr Bonello.

Lawyers Veronique Dalli and Dean Hili assisted Mr Bonello.

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