The value of a claim for bicycle courier accident compensation, made against a Dublin taxi driver, has been determined at a hearing of the High Court.
In March 2015, bicycle courier Rotimi Omotayo was knocked from his bike when a Dublin taxi driver by Kenneth Griffin pulled out of stationary traffic on Custom House Quay. Fortunately Rotimi suffered relatively minor injuries, but alleged in his subsequent claim for bicycle accident compensation that he had lost three months of earnings because of his injuries.
The taxi driver´s insurance company disputed the amount of compensation being claimed, and also alleged that Rotimi had contributed to the cause of the accident by cycling along the hatched markings between the two carriageways. Unable to conduct an assessment, the Injuries Board gave Rotimi an Authorisation to take his claim for bicycle courier accident compensation to court.
The hearing took place recently at the High Court, where Mr Justice Bernard Barton heard experts from both parties give their account of how the accident happened. He concluded that Mr Griffin´s account was closer to the actual events, as expert witnesses described how the only damage done to the taxi was a broken wing mirror.
However, Judge Barton ruled that, as Rotimi was about to turn right from the Eastbound carriageway, he was entitled to be cycling in, or close to, the hatched markings between the two carriageways. The judge added that Mr Griffin had failed to keep a proper lookout before executing his manoeuvre and, as such, was fully liable for causing the accident.
The judge awarded Rotimi €30,000 general damages in settlement of his claim for bicycle courier accident compensation, but said there was insufficient evidence before the court to justify his claim for loss of earnings. Other items of special damages that had been “properly vouched and agreed” were allowed, including Rotimi´s legal costs.