Friend knocked down by cyclist

Walker34

Hi,

I live on a very busy road near a junction and cyclists frequently come down the pavement to avoid the junction and any delay at the traffic lights. There is a high pillar on my front gate and a step down to the pavement. Back when we bought the house a friend was visiting and he walked down the path to the gate and as he went out the gate past the pillar a cyclist (mule) came flying down the path at speed and hit him. Both ended up about 5-10 paces from the gate. My friend is a hardy type (hurler) and picked himself up and dusted off, but was sorely tempted to thump the cyclist(mule).

The cyclist picked himself up and limped off with a damaged bicycle apologizing profusely. Two years later I see my 3 year old running down the path, and for a second saw the same thing happen again. If the same thing happened it would be game over for the child.

Could my friend have sued the cyclist..........although the cyclist was a student type and probably broke anyway. Some stupid mistakes deserve to be be severely sanctioned, especially when their outcome can be so serious.

Zambia

Depends was he 'Flying down the footpath'

seamus

Walker34 wrote: »

Could my friend have sued the cyclist.

Yes.

stoneill

I saw a similar incident, near miss on the R136 Ballyowen road where two cyclists cycling abreats in the bus lane went through a red light at a pedestrian crossing and nearly hit a girl crossing the road.
Not only that but then started to shout abuse at the girl over their shoulder!
This was witnessed by all the traffic stopped at the lights - could have been at least 20 cars on both sides of the road, and the impression on the motorist given by the cyclists can only be imagined.
I am a part time cyclist and have plenty of sympathy for cyclist on the road, but you cannot defend that sort of behaviour in any way.

Walker34

Zambia wrote: »

Depends was he 'Flying down the footpath'

He was traveling dangerously fast, and certainly not in control of the vehicle. If he was, he would not have hit my friend, and would not have been on the footpath in the first place. There is no way he could have reacted quickly enough to my friend stepping from behind the pier of the gate. Every day I see at least one person do something similar, and they are not all juveniles either.

BostonB

If its that common get the Garda to pull a few of the people doing it. Maybe get a railing installed at the top of the path to block cyclists. It must be a shortcut or something.

Jo King

Could my friend have sued the cyclist...

seamus wrote: »

Yes.

Only if the Personal Injuries Board authorised a suit.

Contra Proferentem

Walker34 wrote: »

Could my friend have sued the cyclist..........although the cyclist was a student type and probably broke anyway. Some stupid mistakes deserve to be be severely sanctioned, especially when their outcome can be so serious.

Yep, €50 application fee to InjuriesBoard.ie and you're away.

jaybeeveedub

Zambia wrote: »

Depends was he 'Flying down the footpath'

you've been following t'other thread so!!

bath handle

Contra Proferentem wrote: »

Yep, €50 application fee to InjuriesBoard.ie and you're away.

What about the doctors report? Another few hundred.

Walker34

Thanks for the comments folks......
Think I`ll video a few of these people and forward the evidence to the police and suggest they do something about it, faces blurred of course. Policing is not a solution, the hazard needs to be designed out of the roadway. Some sort of obstacle to bicycles needs to be installed....which does not impede pedestrians with prams or wheelchairs.

Chinasea

Come on, *cyclists don’t go out of their way to do any harm. This country stinks when it comes to fair deals for cyclists. We share token shabby cycle paths with speeding monstrous double decker buses and taxis, we have been promised more cycle routes for years but they never materialise, motorist forget we exist and open their car doors right into our cycle paths killing us, our bikes get nicked, there is never anywhere secure to lock the bikes up and we are forced onto pavement at CRAZY lethal junctions.

Why don’t you be a little more proactive and write to your county council and ask for better for facilities for cyclists and pedestrians instead of video'ing us. After all, we didn't plan the crazy treacherous junctions.

*(of course we know of the bad examples, but none the less the most of us are just trying to get from A-B and cause no trouble, NOR pollution).

Quentinkrisp

Chinasea wrote: »

Come on, *cyclists don’t go out of their way to do any harm. This country stinks when it comes to fair deals for cyclists. We share token shabby cycle paths with speeding monstrous double decker buses and taxis, we have been promised more cycle routes for years but they never materialise, motorist forget we exist and open their car doors right into our cycle paths killing us, our bikes get nicked, there is never anywhere secure to lock the bikes up and we are forced onto pavement at CRAZY lethal junctions.

Right, so all that makes it perfectly ok for a cyclist to go tearing down a footpath where they know full ****ing well that someone could step out onto it? Cop the **** on!
OP, your mate could've easily sued the cyclist, and should've done so. I'm a cyclist myself and the amount of blatant stupidity I see coming from some other cyclists almost makes me ashamed to be one myself. You'd swear they were under some delusion that they were riding jet powered motorcycles and that all roads were some kind of futuristic speedway where pedestrians and other road users don't exist.FFS!:mad::mad:

Zambia

I think the great thing about riding a Bike is the little shortcuts you can take. As long as these shortcuts are performed in a safe manner no one gives a crap if you break a few road rules.

Example you ride on a foot path at snails pace and give way to peds if you encounter them.

In the case described the cyclist could be deemed to be careless as the result was foreseeable IMO. Can he sue if injured I dont see why not. Would he win is a matter for a Judge.

BostonB

Walker34 wrote: »

Thanks for the comments folks......
Think I`ll video a few of these people and forward the evidence to the police and suggest they do something about it, faces blurred of course. Policing is not a solution, the hazard needs to be designed out of the roadway. Some sort of obstacle to bicycles needs to be installed....which does not impede pedestrians with prams or wheelchairs.

Apparently if you make it a cycle lane, they'll all cycle on the road. Generally because they'll make the cycle path so bad no one will want to cycle on it.

But joking aside, +1, the the most sensible solution is to design it out of the path. Find out why they use it as a shortcut and put some sort of kissing gate/anti cycle chicane on it. It won't stop access but it will slow them down.

http://www.geograph.org.uk/photo/1588897
http://www.cyclestreets.net/photos/obstructions/page9.html

Walker34

There has to come a point in our society where responsibility is no longer delegated (Read dumped on) to the authorities to spend endless resources in time and materials to prevent citizens(read donkeys) from killing each other ,intentionally or otherwise. With that comes accountability, as the added incentive to that end.

I used to bicycle about myself, and used have a motorbike as well, and I can appreciate some of the counter points as well....and I have the kneecaps to prove it.

blackbird98

Jo King wrote: »

Could my friend have sued the cyclist...

Only if the Personal Injuries Board authorised a suit.

rubbish, the PIB don't have to be involved at all, and they certainly don't have to be consulted to authorise a lawsuit!!

Cyclists should not be riding on the footpath....end of!!....unless they have a dedicated cycle lane

shaneybaby

blackbird98 wrote: »

rubbish, the PIB don't have to be involved at all, and they certainly don't have to be consulted to authorise a lawsuit!!

Cyclists should not be riding on the footpath....end of!!....unless they have a dedicated cycle lane

And what kind of lawsuit would you be issuing?

Kosseegan

blackbird98 wrote: »

rubbish, the PIB don't have to be involved at all, and they certainly don't have to be consulted to authorise a lawsuit!!

Cyclists should not be riding on the footpath....end of!!....unless they have a dedicated cycle lane

Any lawsuit for personal injury must be authorised by the Personal Injuries Board. Prosecution for an offence under the Road Traffic Acts is a different matter.

shaneybaby

Kosseegan wrote: »

Any lawsuit for personal injury must be authorised by the Personal Injuries Board. Prosecution for an offence under the Road Traffic Acts is a different matter.

Yup and of course the OP wouldn't be the one prosecuting.

Victor

Walker34 wrote: »

Thanks for the comments folks......
Think I`ll video a few of these people and forward the evidence to the police and suggest they do something about it, faces blurred of course. Policing is not a solution, the hazard needs to be designed out of the roadway. Some sort of obstacle to bicycles needs to be installed....which does not impede pedestrians with prams or wheelchairs.

Alternatively, provide a safe means for cyclist to get from A to B.

blackbird98

Kosseegan wrote: »

Any lawsuit for personal injury must be authorised by the Personal Injuries Board. Prosecution for an offence under the Road Traffic Acts is a different matter.

There is no obligation on anybody to use the PIB, you can use your solicitor, but it will cost you more. And if you do use the PIB, and they make a recommendation, you can refuse to accept it, and pursue the matter through your solicitor and the courts.

http://www.injuriesboard.ie/eng/FAQ/

Kosseegan

blackbird98 wrote: »

There is no obligation on anybody to use the PIB, you can use your solicitor, but it will cost you more. And if you do use the PIB, and they make a recommendation, you can refuse to accept it, and pursue the matter through your solicitor and the courts.

http://www.injuriesboard.ie/eng/FAQ/

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

12.—(1) Unless and until an application is made to the Board under section 11 in relation to the relevant claim and then only when the bringing of those proceedings is authorised under section 14 , 17, 32 or 36, rules under section 46 (3) or section 49 and subject to those sections or rules, no proceedings may be brought in respect of that claim.


There must be an authorisation issued by PIAB before a claim can be instituted. The only choice in the matter is whether to accept an assessment or not.