Pedestrian sues Dublin cyclist over collision in apparent legal first

Pedestrian sues Dublin cyclist over collision

In what is believed to be a significant legal precedent case, a pedestrian has sued and secured money from a cyclist he collided with in Dublin. The case was before the High Court.

 

Pedestrian sues Dublin cyclist over collision

 

A pedestrian has settled a case out of court with a cyclist he collided with. The case may have wider implications for cyclists, who are uninsured road users.

In Dublin’s High Court today, Ms Justice Bronagh O’Hanlon was told the matter between Niall Buckley (66) and Thomas McGovern (20) had been settled.

Media reports state a financial settlement was part of the resolution and that the case was viewed as legally significant.

At 6pm on November 3rd, 2013, Mr Buckley from Santry Close, north Dublin, was coming out of his daughter’s house at Sybil Hill Rd, Raheny, north Dublin.

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He was knocked down on the pavement by Mr McGovern, Vernon Rise, Clontarf, who was then a teenager.

Mr Buckley was suing for the injuries he sustained. Mr McGovern, now a university student, was representing himself in the case.

However, after talks out of court the matter was settled. The judge was then told once monies were paid in two weeks the matter had ended.

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Mr Buckley said Mr McGovern was cycling too fast and had no lights on his bike. The bike hit him and he fell backwards; with cyclist and bike falling on top of him.

He was taken to Beaumont Hospital by ambulance where a fractured hip bone was confirmed.

However, while he was treated he said he has been advised he would have ongoing pain and may need a hip replacement.

McGovern claimed he was not cycling too fast and claimed Mr Buckley’s injuries were caused by his own negligence.

 

Busy area with regular cycling

He also claimed Mr Buckley failed to have regard for his own safety in how he exited his daughter’s home.

And he pointed out the area was a busy one, with St Anne’s Park close by.

Because of the park and a nearby school, it was a recreational area and one where cyclists were often on the pavement.

He also claimed Mr Buckley gave no opportunity to avoid him. And he suggested the victim's previous medical history may have added to his injury.

However, talks between the parties resolved the matter, with a sum of money payable to Mr Buckley.