Posted: April 3rd, 2017
A cyclist has received compensation for traumatic brain injuries he received after being involved in a road accident.
In late 2013, a man (thirty-three years old at the time of the incident) was cycling in Blanchardstown area of Dublin. As he was approaching the junction of the Ongar Distributor Road and Shelerin Road, he was hit by a van coming in the opposite direction. The driver of the van immediately fled the scene. According to eyewitnesses of the accident, the impact of the van threw the cyclist nearly three metres into the air, and he landed on his head. The onlookers immediately called emergency services were called.
The cyclist was immediately brought to Beaumont Hospital. Here, it was determined that the cyclist suffered a traumatic brain injury as a result of the accident. At the hospital he underwent a decompressive craniotomy. After this initial treatment, he was later transferred to the National Rehabilitation Centre. The cyclist suffered amnesia for four months due to the severity of his head injury. He had no memory of the accident, and later had be informed that he had been involved in the life-changing accident.
A police investigation was launched. A forensic investigator concluded the van was travelling at a speed close to 60 kmph when it hit the cyclist. The driver of the van was found and subsequently charged with criminal offences. He was brought before the courts in November 2015, where he was convicted with dangerous driving and causing serious harm while driving without a license or insurance. He was sentenced to 3½ years in prison. Following the criminal conviction, the cyclist´s wife claimed cyclist brain injury compensation on behalf of her husband.
As the van driver was uninsured, the claim was made against the Motor Insurers´ Bureau of Ireland (MIBI). The claim was not contested. Reports were made to assess the plaintiff´s future needs, and they concluded that a €3 million settlement of the cyclist brain injury compensation was sufficient. This offer of compensation accounts for the fact that the the cyclist had not been wearing a cycling helmet and therefore was liable for some of the damages. As the claim had been made on behalf of a plaintiff unable to represent himself, the settlement went to the High Court for approval.
The case was heard at the High Court by Mr Justice Kevin Cross. The judge was told the circumstances of the tragic accident, the consequences of the accident, and the fact that the settlement had been reduced to reflect the cyclist´s contributory negligence. Judge Cross approved the settlement of cyclist brain injury compensation. The judge closed the case by commenting it had been a dreadful incident, and closing the approval hearing by wishing the cyclist and his family the best for the future.
Categories: Car Accidents