A  driver involved in a traffic fatality five years ago has been ordered to pay over €106,000 in damages to the pedestrian's family.

Dulcinea Estelle Micallef, 37, was on her way home on December 9, 2013 around 6.30pm when she ran over the 34-year-old pedestrian in Labour Avenue in Naxxar. He succumbed to his grievous injuries four days later in hospital.

In the course of the civil suit for damages filed by the victim's parents and sister, it emerged that on that December evening the man, an accounts clerk employed at the family accountancy firm, had left work before the end of office hours to meet with some friends when tragedy struck.

The victim, a regular public transport commuter, had just got off a bus and was crossing the busy thoroughfare when he was hit on his left side by Ms Micallef's Toyota. 

A police inspector, called to the scene of the accident, testified how he had seen patches of blood on site and had noted scattered debris from the car, which had been considerably damaged.

The driver told the police she had seen nothing until a “large shadow or dark mass” appeared to fall “out of the sky”. She was in a terrible state of shock and needed medical help.

The victim was rushed to hospital in an ambulance, but was pronounced in critical condition by emergency specialists who informed his family there was little hope. 

Forensic pathologists explained that the victim had suffered grievous injuries, including fractures on his left side, head injuries and ‘diffused brain damage,’ which ultimately resulted in brain death.

A court-appointed forensic collision analyst established the victim had almost crossed the road, before being flung over a distance of some 6.75 metres, landing close to the pavement.

The respondent's car stopped some metres ahead, with the driver testifying in court how she had seen nothing until she saw “a dark shadow to the left” and suddenly felt the impact, realising too late when the victim landed on her windscreen.

The whole episode had left such an impact on the woman that she has never driven again since and had even sought psychiatric help, the court was told.

The court expert reported there was a zebra crossing some 500 metres away from the spot of the accident and that the driver had not exceeded the maximum speed limit of 60km/hr.

When delivering judgment, Mr Justice Lawrence Mintoff said the court was “morally convinced “ the respondent had not been driving at excessive velocity, but that the accident had resulted through her failure to keep a proper lookout.

Had she done so, she would have spotted the victim crossing the road and could have avoided the calamity, the court said, further noting that the busy road had been quite well-lit and there had been nothing to block the driver’s view.

Having established that the death had been caused through the respondent’s negligence, the court calculated damages, based on a working life expectancy of 65, at €106,276, which the driver is to pay to the victim's family.

Lawyers Chris Cilia and Timothy Bartolo were counsel to the victim’s family.

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