Dublin cyclist found “negligent” over bike crash with no helmet, lights
A judge dismissed an injured cyclist's claim for damages saying he had been “highly negligent”.
A cyclist who rode from Dublin city to Crumlin in the inner west suburbs and was struck by a car has had his case for damages dismissed.
The judge said school teacher, actor and yoga instructor Peter Duffy was negligent because he used neither a helmet nor lights.
The 59-year-old sued Patrick Lyons (42) whose car hit him on the night of September 8th, 2014, in Crumlin.
Mr Duffy was making a right turn on his E-bike, from Crumlin Road onto to Rafter’s Road, at 9.15pm.
However, while he believed he had plenty of time to make the turn he was knocked from his bike.
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He had been hit by a car driven by Mr Lyons who was driving straight down Crumlin Road.
Mr Duffy suffered a number of injuries when he hit the ground including a double fracture to his left ankle.
He had also sustained lacerations and abrasions to his skull and face and an injury to his left shoulder.
The injured man told Mr Justice Anthony Barr of the High Court that while he accepted he had no lights or helmet he was wearing a hi-vis vest and had reflectors on his bike.
Mr Lyons said Mr Duffy had emerged from between two cars into his path and that he had no time to stop his car.
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When he tried to stop his car skidded and hit the rear wheel of Mr Duffy’s bike.
Judge Barr said dismissed the case, saying he was satisfied Mr Lyons had no chance of avoiding the cyclist.
He added Mr Duffy had been “highly negligent” to cycle from the city centre with no lights and was negligent not to wear a helmet.
Courts see failure to wear helmets as negligence
It is the second case in recent times in which failure to wear a helmet was judged negligent by a court.
Last month a cyclist who suffered a brain injury was awarded €3 million in the Dublin High Court.
However, the court was told the figure took into account the fact the cyclist was 20 per cent to blame because he wore no helmet.
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.
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.
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. He also failed to stop.
And in a separate criminal case he was jailed for 3½ years, with 2½ years suspended.
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