Donegal woman has RTC damages cut by 40%

A Donegal woman has had a €190,500 damages award over a road traffic collision reduced as a judge said she should have known the driver of the car she was travelling in was impaired by drink.

Mr Justice Sean Ryan said 31 year-old Erin Gallagher, from Falcarragh, should have known it was highly probable the vehicle driver's ability to drive was "seriously impaired" by the fact that he had drank seven bottles of beer.

The judge also reduced the award to Ms Gallagher  to €114,300, because she was not wearing a seat belt.

The High Court action for damages arose out of significant head injuries Ms Gallagher suffered when the car she was a passenger in went out of control on a narrow side road and struck a telegraph pole.