Posted: August 24th, 2016
A five-figure settlement of compensation has been paid to a bicycle courier who was injured in a road accident with a taxi.
The accident occurred in March 2015, when Rotimi Omotayo was cycling on the Custom House Quay. However, taxi driver Kenneth Griffin pulled out from one of the lanes on the carriageway and snowed Rotimi from his bicycle.
Luckily, Rotimi was not seriously injured in the accident. Yet when he made a claim to the Injuries Board, his claim was dismissed on the grounds that he was believed to have contributed to his injury. The Injuries Board proceeded to issue the courier with authorisation to pursue his claim through the courts, and the case went to the High Court of Dublin. It was overseen by Mr Justice Bernard Barton.
During the hearing, Judge Barton heard evidence from witnesses for both Rotimi and Mr Griffin. It needed to be determined whether Rotimi had breached the Road Traffic Regulations by cycling in a hatched area.
However, upon hearing that Rotimi needed to deliver to the river side of the Quay, and as such was entitled to cycle in the outside lane before turning, Judge Barton dismissed allegations of contributory negligence and found in his favour.
When assessing damages, Judge Barton commented that he was not going to consult the Book of Quantum as he deemed it “hopelessly out of date and of little assistance”.
Instead, Judge Barton chose to apply Tort Law and awarded Rotimi €30,000 in general damages. Concerning the claim for special damages, the judge determined that there no evidence to show that Rotimi suffered a lack of earnings. He did, however, allow for compensation of Rotimi’s legal costs.