A Milford man convicted of careless driving causing serious bodily harm to a young student has been given a hefty fine but allowed to keep his driving licence.
Ryan Flood pleaded with Judge John Aylmer to enable him retain his licence when he appeared before Letterkenny Circuit Court.
The teenage woman sustained serious injuries, including fractures to her leg, which Judge Aylmer said were the aggravating circumstances in the matter as he handed Flood a €4,000 fine.
Flood, of Labadough, Milford, was charged with careless driving contrary to section 52 (1) and (2) (a) of the Road Traffic Act as amended by section 4 of the Road Traffic (No 2) Act. He was charged that on October 24, 2022, at High Road, Letterkenny, he did drive a mechanically propelled vehicle without due care and attention thereby causing serious bodily harm to another person, namely Amie Thompson.
In May, 2024, Flood pleaded guilty to the charge.
Garda Shane Walsh outlined the case to prosecuting barrister, Ms Fiona Crawford BL.
Ms Thompson was going to meet friends in Mac’s Deli and collected something in the Orchard beforehand. Ms Thompson stopped at the ATM at Letterkenny Credit Union before attempting to make her way across to Mac’s.
Garda Walsh said that she saw a car coming from the direction of the hospital. She saw it “swerving” and it was a “good bit away” at the time. While Ms Thompson stepped back as it seemed as if the vehicle was not slowing down, she was unable to get out of the way and was struck by the car.
A witness statement was taken from a nurse, who was on the scene and assisted the victim. The woman said she saw Ms Thompson step onto the road and saw an oncoming car. She said that Ms Thompson “appeared to pull herself back” before she “heard a bag”.
Ms Thompson, who was 18 at the time and was doing a course, was subsequently brought to Letterkenny University Hospital and taken for an x-ray and CT scan. Ms Thompson sustained a fractured fibula and tibia and a ruptured spleen.
The victim underwent surgery and had pins inserted in her knee and ankle while a rod was inserted into her left leg. She required physio and the use of crutches for nine months and also had to leave part-time jobs as a hairdresser and waitress at the time.
Flood stopped at the scene and was there when gardai arrived, Garda Walsh said.
CCTV was harvested from nearby businesses, which showed Ms Thompson in the same sport for “three to five seconds” before Flood struck her with the vehicle. The court heard that he didn’t appear to have observed her before the collision.
Footage showed Flood glancing at the gear stick and he told investigating officers that he did not know what gear the car was in at the time.
Flood had a full driving licence from March, 2022 and this incident occurred seven months later in October, 2022.
Flood’s mobile phone was on the passenger seat at the time and he was not using it. There was no presence of drugs or alcohol in his system, there was no indication of excessive speed, the court was informed and there were no technical faults noted on the vehicle.
The court heard that the victim was canvased in relation to a victim impact statement, but she did not wish to engage.
Garda Walsh agreed that Flood was “very visibly upset” at the scene. He told gardai that he looked at the gearstick momentarily and did not see the victim.
Flood’s barrister, Mr Peter Nolan BL, said his client accepted responsibility for his actions.
He said Flood was in a state of shock and Immediately called for an ambulance.
Mr Nolan referenced a probation report, which noted that Flood demonstrated regret for his behaviour. He was, the Probation Service said, “relieved” that the incident did not result in a fatality.
Flood reported that he did not intend to cause harm and was very thankful that the victim has recovered.
Mr Nolan said that his client has been highly involved in sport and has been working in the construction industry for three years. Flood, his barrister said, had trouble sleeping and kept replaying the incident.
Flood is deemed to be at a low risk of reoffending within the next 12 months and was deemed suitable for community service. The court heard that he also completed a Pro Social Driving Course.
While Mr Nolan said that the incident represented a “momentary lapse”, Judge Aylmer said that that “might be understating it”.
“It is very fortunate that the lady wasn’t killed, actually,” Judge Aylmer said.
Mr Nolan told the court that Flood’s employment would be in jeopardy were he to lose this licence. Mr Nolan said there was no drink or drugs involved and noted that Flood was not speeding and his car was in good condition.
In a letter submitted to the court, Flood asked the court to allow him to retain his driving licence. He said he took full responsibility for his actions and has taken proactive steps to ensure that they are not repeated.
He said he is employed in a position that requires him to drive and he also relies on his licence when caring for his young daughter.
Judge Aylmer said it was clear that culpability was at the lower end of the scale in that Flood’s singular fault as a young, recently-licensed driver was to leave his eyes off the road for five or six seconds.
Judge Aylmer said there was “no reason” that Flood shouldn’t have seen the woman when he struck her, causing her serious injury.
The aggravating factor in the case was the extent of the injuries sustained by Ms Thompson.
Judge Aylmer said he had to balance the level of culpability – albeit more than a momentary lapse – with the level of injuries sustained. He placed the offending on the mid-range of such offending and, before considering mitigation, merited a starting point of 12 months imprisonment.
Judge Aylmer said that Flood has no previous convictions and has not otherwise come to adverse attention.
He noted that Flood was “very upset and distraught” at the scene and he followed up with the fullest cooperation.
He said Flood has an excellent employment record and is a person of otherwise good character, who has done well in work and is providing for his daughter.
Taking all matters into consideration, he said the case could be placed into the non-custodial category.
It was a case better dealt with in terms of a fine significant enough to mark the gravity, Judge Aylmer said.
Flood was fined €4,000 and given 12 months to pay.
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