It has been confirmed today that Tomás Delgado - the 43 year old businessman who had tried to sue the parents of a teenage cyclist who died in a collision with his Audi 8 in August 2004 for €20,000 euros for damage caused to his car and the cost of a replacement rental car and who dropped the case yesterday - will be made to pay the costs of yesterday's five-minute court hearing.
There was further bad news for Delgado yesterday, who dropped his claim because of the adverse media reaction the case had provoked, when the dead cyclist's parents confirmed that they are pursuing a private prosecution against him on the grounds that the official Guardia Civil record of the crash, which alleges that the cyclist jumped a Give-Way sign, is incorrect, arguing, instead, that their son had been mown down from behind.
Dramatic U-turn in death crash compensation case
Wednesday, January 30, 2008
Tomás Delgado, the 43 year old businessman who was suing the parents of a teenage cyclist he killed in a fatal collision in August 2004, has withdrawn a claim against them for €20,000 euros to cover damage to his car and the cost of a replacement rental car.
Mr Delgado's lawyer explained that his client's decision was a direct result of the inconvenience to himself, his friends and family caused by the intrusive media reaction that the case has aroused since hitting the headlines last weekend.
Hundreds of people, including dozens of journalists, had gathered outside Haro municipal court since early this morning.
It has not been confirmed who will be liable to pay the costs of this morning's hearing, which lasted less than five minutes.
Death crash driver sues victim's parents for car repairs
Saturday, January 26, 2008
A businessman who was involved in a fatal collision with a teenage cyclist is suing his victim's parents for €20,000 to pay for the repairs to his Audi A8 (€14,000) and the cost of a replacement rental car (€6,000).
The accident occurred on the night of 26th August 2004 as 17 year old Enaitz Iriondo Trinidad was cycling back to a campsite in Castañeras de Rioja - where he was staying with his parents - after spending the evening with friends.
It seems that the cyclist, who was wearing neither reflective clothing nor a helmet, was hit by the Audi A8 after jumping a Give Way sign.
The driver, Tomás Delgado Bartolomé (43), was never convicted despite later testing positive for alcohol and it being proven that he had been driving at 174km an hour, 84 km an hour above the maximum speed limit of 90km an hour.
However, his insurance company was forced to pay the victim's parents €33,000 in compensation.
At a press conference yesterday, Enaitz's mother, Rosa (photo), described Delgado's attempt to sue them for the damages to his car as "inhuman" while his father pointed out that "the driver's negligence was the cause of death. If he'd been travelling a bit slower, he'd have had time to brake."
In an interview published in El País yesterday, Delgado said: "I'm also a victim in all this. Nothing can be done for the boy, but my problem can still be resolved."
The case will be heard at Haro municipal court in La Rioja next Wednesday, 30th January.