'I'm forever trapped in my body': Back seat passenger left as functioning paraplegic , Limerick Court hears

A DRIVER who caused a road traffic collision, which left a man with a “catastrophic” spinal cord injury, has been spared jail at Limerick Circuit Criminal Court

The victim, a man who was 43 at the time of the crash in 2018, has been left as a functioning paraplegic with “a myriad of implications”. He said, in his victim impact statement, he is “forever trapped in his body” and “lives in constant pain”.

Brandon McCarthy, aged 27, of Tonaknock, Abbeydorney, Co Kerry pleaded guilty to careless driving causing serious bodily harm on July 14, 2018. The collision occurred on the R558 at Ballincrossig Cross, Ballyduff, Co Kerry. The case was heard in Limerick Courthouse due to its wheelchair access for the victim.

The evidence was outlined by prosecuting barrister Lily Buckley, instructed by State solicitor Brendan Gill. Mr McCarthy was represented by Mark Nicholas SC.

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Judge Colin Daly, who summarised the evidence before passing sentence, said the victim was a backseat passenger in a car. The court heard he was not wearing a seatbelt. 

“Mr McCarthy approached a junction in a car where he was required to stop. He said he applied the brakes but due to heavy drizzle after a dry spell, his car failed to stop and collided with the other car.

“The collision resulted in the victim impacting the dashboard. He suffered a serious spinal cord injury that has left him a paraplegic,” said Judge Daly.

The judge said the consequences could only have been worse if the victim had been killed.

Judge Daly quoted from the man’s victim impact statement in which he said he was forever changed and that he grieves for his old life. 

“He said that he is forever trapped in his body. He lives in constant pain. His life revolves around medical care and the weight of his mortality looms over him each day.

“His life is in other people's hands all the time and he's entirely dependent on others,” said Judge Daly.

The judge said he took into consideration that Mr McCarthy was not distracted by a phone, was not under the influence of an intoxicant, has no history of road traffic accidents and has no previous convictions.

“He did not leave the scene of the accident, nor did he seek to assign blame to any other party. 

“The only conclusions that may be drawn are that Mr McCarthy, who was 20 at the time, may have lacked experience driving in such conditions, or approached the junction too fast while still being within the speed limit,” said Judge Daly.

The judge further took into account Mr McCarthy's guilty plea, positive work history, positive contributions to society and that the consequences to the victim “weigh on his mind”.

“He has apologised to the man and his family and I am satisfied his expression of remorse is heartfelt and genuine,” said Judge Daly.

The judge imposed an 18 month prison sentence which he suspended in full for a period of two years. 

He also disqualified Mr McCarthy from driving for five years and fined him €7,000.