A cyclist who hit a passenger as they stepped off a bus in Dublin has been awarded compenstion by the Circuit Civil Court (File photo)
A cyclist who collided with a passenger alighting a bus in Dublin has been awarded €15,000 in compensation by the courts.
Judge Karen Fergus said an award of €20,000 was appropriate but should be reduced by €5,000 because the cyclist’s negligence contributed to the incident.
Tracy Maher (38) was riding on the dedicated cycle lane on Swords Road, Co Dublin, on January 31st, 2014, when the collission occurred.
She told the Circuit Civil Court she did not recall seeing the bus overtake her but saw people waiting at the bus stop.
When the bus stopped to let people off, one of the passengers stepped out of the vehicle and towards the footpath only to be hit by Ms Maher on her bike.
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The court was told she tried to take evasive action to avoid the passenger but fell off her bike and fractured her hand, requiring a cast for a number of weeks.
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She sued Dublin Bus and Fingal County Council, saying the bus lane should have had a yield sign for cyclists at the bus stop.
Ms Maher, an accounts manager from Tallaght, Dublin, contended the bus driver should have seen her and not opened the door for a passenger to step into her path and leave her no time to stop.
Dublin Bus claimed negligence on the part of Fingal County Council, saying the bike lane was poorly maintained.
However, the council denied this and said there was a clear warning on the cycle lane for those using it to yield to pedestrians.
Judge Fergus dismissed the claim against the council though said the cycle lane yield sign was hard to see. But she found Dublin Bus negligent because its driver did not see Ms Maher on her bike.
She pointed out the CCTV showed Ms Maher on her bike and that the driver either did not look or did not look properly in the bus’s mirror before opening the doors.
However, the award of €20,000 was reduced by €5,000 because the judge said Ms Maher should have been aware of the possibility of passengers stepping off the bus.
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