A judge has reduced a damages payment to a cyclist by 80 per cent after concluding the cyclist, who suffered a brain injury in a crash with a motorcyclist, was largely at fault.
During the hearing at the Circuit Civil Court, Judge James O’Donohoe also said he had experience of cyclists himself as he drove around Dublin, saying they were now “a nightmare”.
“You never know with cyclists what they are going to do or anticipate what they are going to do,” Judge O’Donohoe said in court as he ruled against the cyclist who was injured. “Cyclists have become a nightmare in Dublin.”
Judge O’Donohoe added he was entitled to draw from his own experiences as he made decisions in court, though there has since been significant pushback against his remarks.
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The case that gave rise to the comments involved a cyclist and motorcyclist at 6am on a September morning in 2020. The cyclist sustained a brain injury and 12 other soft tissue injuries.
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He had been awarded €50,000 in damages for the brain injury, but Judge O’Donohoe reduced that by 80 per cent. After that award was reduced to €10,000, the total award to the cyclist came to €17,628 when damages for the soft tissue injuries, also reduced by 80 per cent, were included.
The court was told the 50-year-old injured cyclist - Ioan Giurgila, Hibernian Way, North Strand, Dublin - had very little memory of the crash. However, dashcam footage was available from motorcyclist Mark Finnegan, Forest Park, Swords, Co Dublin, who was the other party in the crash.
The court heard Mr Giurgila had no lights on his bike on the dark morning. Cyclists are legally obliged to use lights in hours of darkness in Ireland.
Evidence also stated the injured man was not wearing a helmet or any hi-vis clothing, neither of which cyclists are legally obliged to wear. Mr Finnegan's defence also said Mr Giurgila had not signalled he was turning out of a bus and cycle lane into another lane.
The judge concluded motorcyclist Mr Finnegan had seen Mr Giurgila ahead of him, as he had beeped at him. However, Mr Finnegan had not slowed his speed to a level that may have helped him avoid hitting Mr Giurgila as he changed lane.
