A driver thought he had simply hit a manhole cover when he reversed over a child in his bin lorry.
Bin lorry driver Alex McDaid
Alex McDaid, (pictured right) fought back tears today as he recalled the incident in which little Patrick McDonagh died.
The three year old was killed when the 34 ft lorry reversed over him when he was chasing a ball at Ballymacool, Letterkenny.
McDaid, 60, a father-of-five, revealed he didn’t know there was anything wrong until he heard screaming and then saw a woman running down the road with a child in her arms.
Mr McDaid, a driver with Ferry Refuse Company for 12 years, pleaded not guilty to dangerous driving causing death on February 16th, 2010 but pleaded guilty to not holding a valid driving license.
The accused said “On a lot of estates you get manholes and they are a little but higher. When you are cutting around corner your wheel is sliding … you will get that little bump.
“I got the bump and heard the screaming but I didn’t know what at was at the time.
“I got out of the lorry and by this time the lady, Mrs McDonagh, had come out and I didn’t know it was a child. She ran down the road and by the time I got down to the front of lorry she was down the road. I then saw a pool of blood,” he said.
The father and mother of the late Patrick McDonagh Jnr, Patrick McDonagh Snr and Shirley McDonagh.
Letterkenny Circuit Court was told an autopsy on Patrick, who was a twin, died a short time later as a result of severe trauma to the brain.
Garda Sgt John McFadden of the Garda Traffic Corps examined the scene just a couple of hours after the fatal accident which happened just after 11.30am.
He said the conditions were good and that the bin lorry was in good condition.
He added that speed was not a factor and the lorry was travelling at 5kph.
He also agreed that Mr McDaid reversed into the cul-de-sac estate because it would have been “difficult but not impossible” to turn at the bottom of the road.
Prosecuting barrister Patricia McLaughlin said Mr McDaid didn’t take the adequate safety precautions and that is why Patrick McDonagh died.
“He was reversing up the street when he couldn’t see around him. There were other ways he could have done it.
“He could have had his assistant off the lorry and directing him. If you take the chance of this size then you have to do anything you can to ensure you do it safely.
“This didn’t happen instantaneously. It happened quickly. There was significant time for which a driver diving a vehicle properly could have seen a child.
“The way Mr McDaid was maneuvering the vehicle left no chance for Patrick McDonagh.
“It was his choice. It’s very sad that he has to live with this but we are all accountable for our actions,” she said.
Defence barrister Christopher Meehan said the tragedy was quite simply an accident.
“This was a most unfortunate accident. I suggest that 99 times out of 100 it would have been a near miss.
“I’m sure we’ve all had near misses when children or animals run out into the road.
“It is as poignant as it is tragic but it is not a situation where we seek around to blame someone. Some things are accidents – pure and simple,” he said.
The jury is expected to deliver a verdict in the case tomorrow.