The Dublin cyclist collided with a car being driven out of a driveway on the north side of the city. He had gone to court seeking €60,000 in compensation but lost his claim.
Cyclist loses €60,000 claim for compensation after crash
A Dublin cyclist has lost his claim for €60,000 in compensation after colliding with a car being driven out of a driveway on the north side of the city.
Derek Quinn (31), Greenwood Avenue, Blunden Drive, Ayrfield, Dublin, collided with a car being driven by Richard Altendorf in Artane, Dublin.
Mr Altendorf was driving down his driveway and out of his home at The Bungalow, St Helens, Malahide Road on September 3rd, 2014, when the crash took place.
As he drove out and onto the pavement to join the road, Mr Quinn, a general operative, was cycling on the same stretch of footpath.
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The cyclist collided with the car and fell to the ground. The Circuit Civil Court heard that there was very minor damage to the car.
It was also told Mr Quinn got up after falling to the ground and walked away.
He spoke briefly to Mr Altendorf and his daughter, assuring them that he thought he was uninjured. However, it later transpired he had broken his arm.
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Mr Quinn accepted the crash would not have happened if he had not been cycling on the footpath.
But he claimed Mr Altendorf had driven out of the driveway in one go, rather than inching out carefully.
And he also believed Mr Altendorf’s view exiting the driveway was restricted by his 1.5 metre high walls and 2 metre high pillars.
Judge Martina Baxter was told there was a cycle lane available to Mr Quinn.
However, he said he was not cycling on it because he planned to make a number of calls to shops. And using the cycle lanes in the area would have complicated his journey between shops.
By staying on the pavement it meant he did not have to cross oncoming traffic.
Judge Baxter said he should have been using the cycle lane. She also dismissed the notion Mr Altendorf’s daughter should have walked in front of the car.
Motorists could not travel around with someone walking in front of them “with a red flag”, the court was told by Mr Altendorf’s lawyer.
The action for compensation was dismissed on the basis there was no evidence of negligence of the part of the driver. Mr Altendorf said he was driving at slower than walking pace at the time.
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