The Naxxar local council has been ordered to pay a motorcyclist more than €101,000 in compensation for permanent disability he suffered when he crashed into ill-kept bollards in Salina Road at night in February 2016.
Joseph Fenech, who was 51 years old at the time of the accident, suffered a 22 per cent permanent disability when he hit non-reflective plastic bollards in an accident black spot along the road.
Fenech sued Transport Malta and the Naxxar council, holding them responsible for the accident.
Presiding over the First Hall of the Civil Court, Mr Justice Toni Abela denounced the “endemic disease” of the local authorities that first install road markings, traffic signs and traffic calming equipment but then fail to ensure their proper upkeep.
“When first installed, they are always beautiful, colourful and fluorescent at night until they gets covered in pollution and other air-contaminating material. This is an endemic disease in a country, where road signs that are put up at the beginning look well-maintained but after some time, no maintenance and cleaning is done,” the judge noted.
"The stretch of this road was almost in complete darkness and the red bollards were very dirty"
He heard how Fenech was riding his Honda motorcycle on the evening of February 27, 2016, with his friends on separate bikes. As they were driving through Salina Road, Fenech clipped inconspicuous plastic bollards placed on the continuous line between carriageways.
As a result, he lost control of his motorcycle and fell to the ground, sustaining serious injuries. He was hospitalised and had to reduce his workload at work due to the permanent disability he suffered.
Fenech told the court that he saw the bollards at the last minute and did not have time to avoid them.
The court heard a court-appointed expert testify that the stretch of this road was almost in complete darkness and that the red bollards were very dirty. The bollards had a reflective strip, but when covered with dust, they failed to serve their purpose and could hardly be seen by motorists.
In addition, according to a report by a police sergeant who was called to the scene, the police noted “darkness” and “no street lighting”. Experts concluded that Fenech was not driving at excessive speed.
Mr Justice Abela observed that although the bollards had been in place for some time and Fenech should have known of their presence, it did not exonerate the authorities from their proper upkeep and it was negligence that led to this accident.
The court heard Transport Malta explain that the upkeep of traffic signs, road markings and any equipment was the responsibility of the local council.
Moreover, in 2018, the responsibility for roads was passed on to Infrastructure Malta. Although the bollards had been installed by Transport Malta, their upkeep was the council’s responsibility.
The court therefore ruled that the council was solely to blame for the accident and the damages suffered by Fenech.
According to payslips presented in court, Fenech had to work reduced hours, resulting in a loss of around €35,500 in income from his full-time employment.
The court noted that Fenech had another 14 years of employment until he attained pensionable age. Based on this amount, the judge ordered the council to pay Fenech €65,724, for a total sum of €101,260.