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ARTICLE · 23 SEPTEMBER 2025

Personal Injuries: 50% Contributory Negligence As Both Parties Equally To Blame

Dillon Eustace
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In Maher v Moriarity & anor [2025] IEHC 20, the High Court concluded that a road traffic accident resulted from equal fault by both drivers, with each party having committed errors of judgment and shown a want of care.

IrelandLitigation, Mediation & Arbitration
Elaine Healy
Elaine Healy
Siobhan Lane
Siobhan Lane
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In Maher v Moriarity & anor [2025] IEHC 20, the High Court concluded that a road traffic accident resulted from equal fault by both drivers, with each party having committed errors of judgment and shown a want of care.

Background

The plaintiff motorcyclist suffered serious injuries following a collision with a van driven by the first defendant in August 2017.

The accident occurred between 10pm and 10:30pm but there was street lighting and ample opportunity for each party to see the other's approach. The plaintiff, who had no memory of the accident, argued that the defendant must have "cut the corner" as he sought to turn while the defendant argued that the plaintiff had failed to stop at a stop sign.

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