Thursday 22 August 2019

Car driver ordered to pay €6k to cyclist despite claiming he was not at accident scene

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Simone Smith

THE driver of a car, whose door collided with a cyclist knocking him into the air and against a bus, has been ordered by a judge to pay the cyclist €6,000 damages despite the driver claiming he had not been present at the scene.

John Murphy of Dunboyne, Co Meath told Judge James O’ Donoghue in the Circuit Civil Court that he had been riding his bike in the cycle lane on Aungier Street, Dublin on 3rd December 2014 when he collided with a car door.

He told his barrister, Alan Dodd, that he had been in shock following the accident and the driver of the car, Craig Lancaster of Cherrywood Avenue, Ballyfermot, Dublin 10, had written down his details including the car’s registration and his contact number.

Murphy told Mr Dodd, who appeared with Murphy’s Solicitors, he had been absolutely sure Lancaster had been the man he had spoken to at the scene of the accident.

He said the incident had taken place close to a loading bay of a Tesco store. Lancaster had told him he was a manager in Tesco and had apologised for what had occurred.

Lancaster told Judge O’ Donoghue he had not been present at the scene of the accident. He said although the registration of the vehicle Murphy had on the piece of paper belonged to his mother’s car, he had not been the one to write it down.

He said the handwriting had not belonged to him and the last part of the address had been incorrect as it stated he lived in Clondalkin and not Ballyfermot.

Lancaster said he had been a manager in Tesco at the time but in the Camden Street store and this had been where he had been at the time of the accident.

Judge O’ Donoghue said he considered both gentleman to be truthful and respectful but there had been too much detail in Murphy’s account for it not to be true.

He said the incident had been shocking for Murphy as he had been knocked into the air and hit against a bus. He had been wearing a helmet but still had some injury to his right shoulder and hand.

Judge O’ Donoghue awarded Murphy €9,000 general damages but subtracted a third of the sum for having waited two years to take action.  There had been no way anyone could have foreseen this case arriving years later and it had put Mr Lancaster at a disadvantage.

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