Tuesday 17 October 2017

Cyclist who suffered traumatic brain injury in van crash settles case for €3m

The Four Courts, Dublin
The Four Courts, Dublin
Independent.ie Newsdesk

Independent.ie Newsdesk

A CYCLIST who suffered a traumatic brain injury when he was hit by a van has settled his High Court action for €3 million.

ather of one, Alexandru Martin Doroscan, was cycling at a junction in Blanchardstown, Dublin, when he was thrown eight feet into the air by the van.

Mr Doroscan, a 33-year old waiter, suffered a number of injuries and had amnesia for four months after the accident.   He only knew he was in an accident because he had been told what happened, the court heard.

Mr Doroscan, Manor Square, Ongar, Clonsilla, Dublin, through his wife Madeline Martin Doroscan, sued the van driver, Dylan Meade, An Cosan,Lisbrack Road, Longford.

He also sued the vehicle owner, Sabrina McDonagh also of An Cosan, Lisbrack Road, Longford.

He also sued the Motor Insurers' Bureau of Ireland, which compensates victims of uninsured driving.  Mr Meade was uninsured and unlicensed at the time of the acccident, the court was told.

The accident happened at the junction of the Ongar Distributor Road and Shelerin Road, Blanchardstown on August 2, 2013.

It was claimed there was a failure to anticipate the accident and the vehicle was driven at a speed exceeding that which would have enabled it to be brought to a halt in a safe manner.

In November 2015, Dylan Meade was jailed for a year after he pleaded guilty before Dublin Circuit Criminal Court to dangerous driving causing serious harm, failing to stop, driving without a licence and driving without insurance.

He was given a three-and-a-half year sentence with the final two-and-a-half years suspended on strict conditions.

That court heard a witness to the accident said the cyclist was thrown eight to ten feet in the air. A forensic collision analysis said the cyclist was hit at 57kmph.

In the High Court on Tuesday, Mr Dorscan's counsel said liability in the case was conceded except for the fact that Mr Doroscan was not wearing a cycle helmet.

Counsel said while a helmet was not legally required, it had to be taken in to account in the assessment of the case and would account for about 20pc contributory negligence on the part of Mr Doroscan.

Folowing the accident, Mr Dorscan underwent a decompressive craniotomy in Beaumont Hosptial and spent a long time in intensive care.

His counsel said that in August 2014, he was transferred to the National Rehabilitation Hospital and was diagnosed as suffering from a traumatic brain injury.

He has since done exceptionally well with the support of his wife and extended family, he said.

Mr Justice Kevin Cross approved the settlement.

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