Cyclist’s brain injury award cut by €750k because he wore no helmet

Posted on: May 17th, 2017

Cyclist’s brain injury award cut by €750k because he wore no helmet

Cyclist’s brain injury award cut by €750k because he wore no helmet

The High Court in Dublin heard while helmets were not a legal requirement in Ireland, failing to wear one was still negligent.

 

A cyclist who suffered a brain injury when he was hit by a Dublin van driver has been awarded €3 million.

However, the court was told that the injured man was deemed to have contributed 20 per cent of the negligence to the collision.

That percentage was reflected in the settlement he received, meaning the full sum he would have been awarded was €3.75 million.

The court heard while helmets were not a legal requirement for cyclists in Ireland, the absence of one could still be factored into the calculation of liability and damages in such cases.

The case concluded in the High Court in Dublin on Tuesday.

The injured man, Alexandru Doroscan (33), was hit by a van while cycling in Blanchardstown in the west of the city on August 2nd, 2013.

The collision occurred at the junction of Ongar Distributor Road and Sheridan Road where he was struck by van driven by Declan Meade, Lisbrack Rd, Longford.

The hearing was told Meade was neither licenced nor insured at the time. And in a separate criminal case he was jailed for 3½ years, with 2½ years suspended.

He pleaded guilty to a range of offences linked to the collision including driving causing serious harm and failing to stop.

In the High Court on Tuesday Mr Doroscan was suing Meade and Sabrina McDonagh who owned the van Meade was driving at the time, and the Motor Insurers’ Bureau of Ireland which covers cases involving uninsured drivers.

Mr Doroscan, a married father of one child, was thrown around three meters into the air when Meade’s van hit him.

The Garda estimated the van was travelling at 57km per hour.

Traumatic brain injury

Mr Doroscan suffered a severe head injury and underwent a procedure involving the removal of part of his skull to allow his brain swell.

A year after the collision he was transferred to the National Rehabilitation Hospital and was diagnosed with a traumatic brain injury.

He told the court he would have died but for God, the doctors and the support of his family.

In the court Mr Doroscan’s barrister told Mr Justice Cross that liability in the case had been conceded and that the €3 million settlement took into account the fact the injured man was not wearing a helmet.

 

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