A refuse truck driver involved in a collision with a motorcyclist in Gozo three years ago, has been ordered to pay the victim €58,345 in damages.

Charles Zahra had been driving an ERF truck, registered in the name of Joseph Mercieca, one March afternoon at around 3.40pm, when a collision occurred with a Honda motorbike driven by Donald Cassar who at the time was 21 years old.

CCTV footage taken from the site of the accident showed that the truck had driven straight out from its parking slot onto the road. The motorbike driver was taken unawares by this ‘hazardous and dangerous’ manoeuvre and crashed into the side of the truck.

The court in Gozo, presided over by Magistrate Joanne Vella Cuschieri, after watching footage of the accident, observed that the truck driver had failed to keep a proper lookout before venturing onto the road, the entire episode taking place in a matter of seconds.

The motorbike driver could not avoid the collision.

Upon impact, the victim was flung against a wall and ended up suffering serious injuries to his legs which eventually resulted in a 15% permanent disability as certified by a medical expert.

In the civil case for damages, it was observed that whereas the victim's version was consistent throughout, that of the truck-driver was marked by certain contradictory statements.

Although it had not been proved that Mr Zahra had been driving at an excessive speed, it was clear that he had failed to keep a proper lookout. The CCTV footage could not be denied.

Considering that the injured party was merely 21 years old at the time of the accident, 44 years away from pensionable age, the court calculated the amount in damages as totalling €58,345.59 which it ordered the respondent to make good to the victim.

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