Monday 20 November 2017

Teenager cycling 'wrong way' on a roundabout loses €60,000 claim

Glenn McCarthy, who was on a friend’s bicycle without wearing a helmet, was unaware he was cycling in the wrong direction Picture: Maxwells
Glenn McCarthy, who was on a friend’s bicycle without wearing a helmet, was unaware he was cycling in the wrong direction Picture: Maxwells

Ray Managh

A teenager who was injured while cycling "the wrong way" on a roundabout cycle path has lost a €60,000 damages claim against a motorist.

Glenn McCarthy, now aged 18, had transferred proceedings taken as a minor through his father, Paul McCarthy, into his name in the Circuit Civil Court.

Mr McCarthy, of Newcastle Woods Crescent, Enfield, Co Meath, had sued Jeep driver Sean Mooney of Slanduff View, Kentstown, Navan, in relation to an accident on June 27, 2014 when he was 15. It happened at the junction of Coldcut and Fonthill Roads, Clondalkin, Dublin.

He told the court that he had not been used to cycling, had not been wearing a helmet and had been travelling on a cycle path the wrong way around the roundabout.

Mr Mooney was stopped in his Jeep when Mr McCarthy rode into the side of his vehicle.

Mr McCarthy said he had been on crutches for a short period but "had no problems" after a period of eight weeks.

He said he had been told afterwards he had been cycling in the wrong direction, and had he known at the time he would not have done it, and the accident would not have happened.

Forensic engineer Alan Conlan said the cycle lane was once used in both directions on the roundabout, but the lay-out has since changed.

Sean Mooney’s Jeep was damaged when hit by the bike Picture: Collins
Sean Mooney’s Jeep was damaged when hit by the bike Picture: Collins

Judge Jacqueline Linnane said Mr McCarthy was 15 at the time and was cycling without a helmet on a friend's bike. He had not been used to cycling and had been going the wrong way around the roundabout.

Mr Mooney had not moved off when suddenly Mr McCarthy "appeared out of nowhere" and impacted with the side of his vehicle.

"The damage to Mr Mooney's vehicle was consistent with Mr McCarthy going into the side of the Jeep and I am satisfied Mr Mooney was taking all due care and no liability has been established against him," said Judge Linnane.

She would make no order for costs against Mr McCarthy, save in the event of an appeal.

Irish Independent

Promoted Links

Today's news headlines, directly to your inbox every morning.

Promoted Links

Editor's Choice

Also in Irish News