A cyclist who broke a red light at a junction in Dublin’s inner city, was hit by a car and ended up with head injuries has settled a High Court action for €190,000.
The settlement is based on an agreement that the cyclist, Anton Mazilu, was 80 per cent responsible for the incident near the North Strand Road on July 27th, 2020.
Mr Mazilu’s senior counsel, Michael Byrne, told the High Court his client was thrown off his bike into the air and landed on his head. He suffered devastating head injuries in the collision, which happened in the early morning on a wet day.
Mr Mazilu (64), from Comuna Halaucesti, Romania, sued the motorist, taxi driver Derek Kiernan, of Westbrook Drive, Balbriggan, Co Dublin, over the incident. It was claimed there was a failure to keep a proper lookout and a failure to see or heed the presence of the cyclist on the road.
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Mr Kiernan denied all the claims and contended that the collision occurred when the cyclist proceeded into the junction through a red traffic light when it was manifestly unsafe to do so and at a time when the driver could not reasonably have anticipated that he would do so.
He further contended there was contributory negligence on the part of the cyclist who, he said, had failed to obey the red light that was showing to him.
He claimed Mr Mazilu cycled suddenly and without warning across the path of the car without first satisfying himself that other road users were aware of his presence on the roadway.
Mr Byrne told the court that Mr Mazilu was a self-employed welder in Dublin before the incident.
He said the cyclist broke a red light at the junction and was cycling through when the lights on the taxi driver’s side turned green and vehicles moved off and the taxi driver advanced.
Counsel said the speed at the point of impact was in the region of 33km/h.
According to witness statements, Mr Byrne said it would appear that the driver would have had no chance to see the cyclist and dash cam footage from the car was also available.
Counsel said Mr Mazilu suffered devastating head injuries and was in hospital in Dublin until September and later went to stay with his daughters in Italy to recover before returning home to Romania.
Ms Justice Leonie Reynolds noted the settlement. She congratulated both sides on the excellent outcome, which she said she had no hesitation in approving.