A MAN who was not wearing a seat belt in a car that was struck by another car at a crossroads requires full-time care after sustaining life-changing injuries in the crash, a court heard.
Con Flynn (50) was left paraplegic and requiring full time care following the crash on July 14, 2018.
The driver of the other car, Brandon McCarthy (27), of Tonaknock, Abbeydorney, County Kerry, received a fully suspended 18-month jail sentence, a five-year road ban, and a €7,000 fine.
Mr McCarthy, who was 20 at the time of the crash, pleaded guilty at Limerick Circuit Criminal Court to careless driving causing serious bodily harm to Mr Flynn.
The collision occurred along the R558 at Ballincrossig Cross, Ballyduff, County Kerry.
In a victim impact statement, Mr Flynn said he was “forever changed” and that he “grieves” for his life prior to his injuries.
Mr Flynn said he is “forever trapped” in his own body and lives “constant pain”.
Sentencing judge Colin Daly said Mr Flynn’s life now revolves around medical care “and the weight of his mortality looms over him each day”.
At the time, Mr Flynn was a rear-seat passenger in a car being driven by his sister, Margaret, and he was not wearing a seatbelt, the court heard.
Some time prior to the collision, Mr Flynn had been diagnosed with a condition which left him at a heightened risk of suffering a spinal cord injury.
Margaret Flynn had the right of way and continued driving through the intersection, the court heard. Mr McCarthy was required to stop on approach at the crossroads, however his car carried on and impacted with Ms Flynn’s car.
The DPP accepted that Mr McCarthy applied his breaks but that, due to wet conditions, his car did not immediately stop at the junction.
In the impact, Mr Flynn was thrown onto the front dash of his sister’s car and sustained a “catastrophic” spinal cord injury, said Judge Daly.
“Both cars were in good condition. Mr McCarthy was not distracted by a mobile phone or other device, he was not under the influence of an intoxicant, he did not disregard the rules of the road,” said the judge.
“Mr McCarthy was licensed and insured and he did not leave the scene of the accident, nor did he seek to assign blame to the other party.
“An inference may be drawn that Mr McCarthy, who was 20 at the time, lacked experience driving in such conditions, and approached the junction too fast while still being within the legal (speed) limit.”
The maximum custodial sentence the court could have applied was two years.
Judge Daly said that, in reaching his sentence, he had considered a number of factors in mitigation, including that Mr McCarthy had no previous convictions and had not come to any adverse Garda attention in the intervening years.
The court also took into consideration Mr McCarthy’s guilty plea, work history, and “contribution to society generally”.
The judge said Mr McCarthy had since “made a life for himself in Australia and voluntarily returned to this jurisdiction to take responsibility for his actions”.
Judge Daly said he accepted Mr McCarthy had made a “heartfelt and genuine” expression of “remorse” and “apology” to Mr Flynn and his family.
The judge said he also took into consideration that Mr McCarthy had “attended therapy” for a number of years to try to deal with the consequences of “having caused such a devastating injury to Mr Flynn”.
The judge suspended the 18-month jail sentence for a period of two years on the basis Mr McCarthy does not reoffend in that time.
– Court Reporting Scheme