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Bus Éireann says the cyclist who sued him after being pushed off his bike didn’t look where he was going, the court hears

A cyclist who says he was knocked off his bike in a cycle lane on Dublin’s quays has sued Bus Éireann in the High Court.

Earoid O’Daly, 38, a loan officer at AIB Private Bank in Heuston South Quarter, Dublin, claims he suffered a broken wrist, elbow, ankle and abrasion injuries when he was thrown from his bicycle onto the pavement at the collision.

Bus Éireann denies liability and claims contributory negligence in Mr O’Daly’s alleged failure to check where he was going. It is also argued that the bus was pulling into a bus stop at that point and Mr O’Daly should have simply slowed down or stopped to allow for this.

Mr O’Daly told his solicitor Declan Doyle he was cycling to work at around 7.30am on 8 June 2016 when a bus pulled up behind him on the cycle lane at Custom House Quay.

He said he was maybe 15 to 20 yards ahead of traffic when he felt a gust behind him and he looked and saw a bus behind him “on my rear tire” on the bike lane.

The bus pulled out and appeared to be accelerating in an attempt to overtake him, but as it did so, it began to veer back onto the bike path.

“I started braking and screaming and hitting the bus, but there was contact and I was thrown off and landed on the sidewalk with my bike on my back,” he said.

He said he saw the bus pull up at a stop in front of him and a number of passengers got off. But no one came to his aid.

He pulled out his cell phone and snapped a photo of the bus registration before getting back on his bike and catching up with the bus as it stopped again in front of Jury’s Hotel on the Quays.

Mr O’Daly, who said he had shooting pains in his left arm and side after getting up, told the bus driver he knocked him out.

“He apologized and when I asked why he didn’t see me he told me he didn’t see me and listened to the passengers saying where they wanted to get off next.”

He said the driver gave him his details, apologized again and said he could call Bus Éireann and report the matter.

Mr O’Daly said he continued to his workplace in Ballsbridge, where colleagues treated him with an ice pack for his injuries. But after about an hour he said he was sweating and decided to go to the hospital.

He was later treated at his local clinic for quick injuries. He had to undergo treatment over the next six months and four years of extensive physical therapy and other treatments, as well as medication for the pain he continued to suffer, he said.

He is not as active as he was before the accident, he said.

Mr O’Daly told him from Gerard O’Herlihy, solicitor for Bus Éireann, that the bus driver would testify that he always had his turn signal on when turning into a bus stop and said the bus came behind him in the cycle lane, before rejoining the vehicle lane.

The bus then began moving parallel to his bike, and while the driver may have put on the turn signal by then, it would have been impossible for him (cyclist) to see him, he said.

He contradicted Mr O’Herlihy that the bus he actually photographed and later overtook could have been a different bus than the one with which he had the incident.

The case continues before Mr. Judge Michael Hanna.

https://www.independent.ie/irish-news/courts/bus-eireann-says-cyclist-suing-it-after-he-was-knocked-off-his-bike-was-not-looking-where-he-was-going-court-hears-41523780.html Bus Éireann says the cyclist who sued him after being pushed off his bike didn’t look where he was going, the court hears

Fry Electronics Team

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