The case of a triathlete being hit and injured by the wing mirror of a passing van has been settled in the High Court with significant compensation (File photo, not linked to incident)
An Irish triathlete has been awarded €123,000 after being hit and injured by a vehicle’s wing mirror while out training.
The incident occurred while the triathlete was out running, but will be of interest to cyclists faced with the hazard of close passes and doors being opened in their path while cycling.
Donna Woods, a 47-year-old school teacher from Gaddrystown, Slanemore, Mullingar, Co Westmeath, suffered serious injuries during the incident on January 22nd, 2013.
The case was in the courts at the end of last week when the High Court awarded damages of €123,000.
Mr Justice Kevin Cross was told Ms Woods was running, facing oncoming traffic, near her Westmeath home with a friend when a tractor pulling a trailer passed them on the opposite side of the road.
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A van being driven by Joseph Tyrell Jnr of Sonna, Mullingar, was driving on the same stretch of road and Ms Woods said she saw it go up onto the grass margin.
She said while she expected the wheels to go back onto the road, the van continued on the margin and its wing mirror hit her as the vehicle passed.
Mr Justice Cross said Ms Woods had suffered injuries to her hand, wrist, shoulder, elbow and jaw and that prior to the accident she had been an active woman who took part in triathlons.
He awarded the damages because the injuries had already affected her life and were likely to continue to do so into the future.
Mr Tyrell Jnr said he accepted he was partly responsible but argued the accident was mainly caused by Ms Woods who was jogging two abreast on the road.
The judge was critical of Ms Woods for failing to wear a high visibility vest, though she said while she was not wearing such a vest the clothing she was wearing was bright.
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