A High Court judge has awarded a bike courier €30,000 injury compensation for a cycling accident in Dublin caused by a taxi driver´s lack of attention.
In March 2015, bike courier Rotimi Omotayo was knocked off his bicycle on Custom House Quay when a Dublin taxi driven by Kenneth Griffin suddenly pulled out from queuing traffic. Rotimi sustained relatively minor injuries as a result of the accident, but alleged in his application for assessment to the Injuries Board that he had been unable to work for three months because of his injuries.
Griffin´s insurance company declined to give its consent for the Injuries Board to conduct an assessment on the grounds that Rotimi had contributed to the cause of the accident by cycling along the hatched markings between the two carriageways of Custom House Quay. Unable to conduct an assessment, the Injuries Board issued Rotimi with an Authorisation to pursue his claim in court.
The claim for injury compensation for a cycling accident in Dublin was heard recently at the High Court before Mr Justice Bernard Barton. Judge Barton heard experts from both parties give their account of how the accident happened and concluded that the taxi driver´s account was closer to the actual events, due to the only damage done to the taxi being a broken wing mirror.
The judge ruled that, as Rotimi was about to turn right from the Eastbound carriageway of Custom House Quay, he was entitled to be cycling in – or close to – the hatched markings between the two carriageways. Judge Barton added that Mr Griffin had failed to pay full attention to the traffic before executing his manoeuvre and, as such, was entirely responsible for causing the accident.
Judge Barton awarded Rotimi €30,000 injury compensation for a cycling accident in Dublin in relation to the verifiable personal injuries he had sustained and items of special damages that had been “properly vouched and agreed”. However the judge said that there was insufficient evidence to support his alleged loss of earnings, and this element of the claim was not going to being allowed.