Little girl paralysed in car crash settles action for €1.4m interim payout

The court heard Amira O’Toole Rauf will never walk, has cardiac difficulties and has had to have a pacemaker inserted

Amira O’Toole Rauf (centre), who settled an interim action over a car crash which left her paralysed, with her mother Caroline O’Toole Rauf (right) leaving the Hight Court in Dublin on Wednesday. Picture: Collins Courts

A seven-year old girl who was left paralysed from the waist down in a car crash when she was a toddler has settled a High Court action with a €1.4m interim settlement.

Amira O’Toole Rauf was only 13 months old when she was catastrophically injured in a head-on collision as she sat strapped in her child seat in the back of her mother’s car six years ago.

The court heard Amira’s mother Caroline O’Toole Rauf has devoted all her time to caring for her daughter. Two years ago her mother spoke publicly that adequate resources were not available to help her little girl and she pleaded for more services to help her daughter.

“I’m a doctor, a nurse a care assistant, a physio, an OT, a dietician. Lastly, I’m a mother and that’s the first thing I should be,” she said.

Amira O’Toole Rauf, from Ballinabranna, Co Carlow, had through her mother Caroline O’Toole Rauf sued Tom Hanlon South East Plant Hire Ltd with registered offices at Kellymount Quarry, Paulstown, Co Kilkenny, which was the owner of the car involved in the crash.

It was claimed that, suddenly and without warning, the other car crossed onto the incorrect side of the road and crashed into Amira’s family car. It was further claimed there was a failure to keep any or any proper lookout and a failure to exercise due care and consideration for other road users.

Prior to the accident, the 13-month-old girl was capable of pulling herself to a standing position and had developed words.

Amira’s counsel, Jonathan Kilfeather instructed by Callan Tansey solicitors, told the court that the accident happened before 9am on November 6, 2018. Counsel said the other car came onto the side of the road where Amira and her mother were travelling in Co Laois and there was a head-on collision. 

Counsel said the driver of the other car was killed in the accident and Amira suffered catastrophic injures. Her mother was also injured.

He said Amira, who will never walk, also has cardiac difficulties and has had to have a pacemaker inserted. He said she had been in and out of multiple hospitals and after the attendance at the High Court she was due in a Dublin hospital for another appointment.

Counsel said Amira’s mother had put her life on hold to look after her daughter and they have had considerable difficulty over the years.

Approving the interim settlement, which is for the next two years, Mr Justice Paul Coffey said he was satisfied it was fair and reasonable. He said he was delighted to see Amira in court and he conveyed his best wishes to her and her family.

The case will come back before the court in two years’ time when the little girl’s future care needs will be assessed.