The widow of a motorcyclist who died in a traffic accident almost six years ago has been awarded half the sum she would have otherwise been entitled to in damages after a civil court declared that both parties involved in the fatality were jointly responsible.

Dolores Scicluna filed a claim for damages, both personally and on behalf of her minor son, against Jeremy Cilia, a truck driver whose negligence had allegedly caused the death of her husband, Jesmond Scicluna, aged 35 at the time of the incident.

The First Hall of the Civil Court, presided by Mr Justice Silvio Meli, heard how on April 11, 2010 at around 12.45pm, the victim had been driving his Honda motorcycle along Siġġiewi Road, Żebbuġ when a Maruti truck, normally used to transport building material, driven by the defendant suddenly exited from a side road.

Upon reaching the stop sign, the truck driver had proceeded onto Siġġiewi Road without checking for oncoming traffic, the court observed.

The victim, riding down the main road, was forced to swerve onto the opposite lane when the truck loomed suddenly ahead of him.

The court noted, however, that the incident might not have had such a tragic outcome if the victim himself had not been speeding. In fact, court experts had certified that at the moment of impact, the victim's speed was 101km/hour.

The truck driver had failed to take the necessary precautions when leaving the stop sign before exiting onto the main road. The victim, on the other hand, had been riding at such an excessive speed that he could do little to avoid the impact. The speed further aggravated the consequences of the collision, the court observed.

The full amount of damages related to the accident totalled €329,166.50, however since responsibility was to be borne jointly, the court awarded the plaintiff €164,583.25.