Tomas Delgado, who up until a court appearance today, was demanding €20,000 in damages in a civil lawsuit from the family of a cyclist he knocked down and killed, has withdrawn his request for compensation.
On August 26th 2004, Enaitz Iriondo, aged 17 years, was cycling back to the campsite after having dinner with friends in a village some two kilometres away. As he joined the secondary road LR-111 he was hit by an Audi 8 driven by Tomas Delgado. At the time, the police report concentrated on a lack of reflective dress and lack of helmet on the part of the victim and indicated that the cyclist had ignored a stop sign. The report concluded that the accident was a result of a traffic violation on the part of the cyclist.
In March 2006, Tomas Delgado brought a civil lawsuit against the parents for €14,000 in respect of damage to his car and a further €6,000 as compensation for the time he had to spend without his vehicle including the renting of another car.
The parents of Enaitz Iriondo have always maintained that the Guardia Civil report was wrong and are determined that the driver of the car should be brought to trial, either in a civil or criminal court. The Public Prosecutor is currently carrying out an investigation into whether there was any criminal action on behalf of the driver, Tomas Delgado, and whether the case should be reopened.
A ‘technical’ report of the accident prepared by an expert varies somewhat from the original Guardia Civil report. This report indicates that Tomas Delgado was travelling at a speed of 173.9 kph at the time of impact. The speed limit on the road is 90 kph. Tyre marks from the intense braking which occurred were still visible on the road one year after the accident.
The impact of the collision was so brutal that the victim was catapulted through the air to a height of eighteen metres, above the level of the street lamps.
At this morning’s hearing, the lawyers for Tomas Delgado began proceedings by announcing the withdrawal of the compensation claim. They did, however, ask the judge to award the costs of the proceedings against the Irionda family. The lawyers for the Iriondo family reminded the judge that, as Delgado himself had not even turned up for the hearing, this was a case of ‘abandonment’ and, as it was Delgado who initiated legal proceedings, he should be the one to pay.
All settled, the judge dismissed the case and the Iriondo left the courtroom to be greeted by applause from friends and supporters….