15K for cyclist injured by Bus Driver

PCPhoto

you heard it here first !!

A cyclist was awarded 15K in the Civil Court for an injured thumb caused by a bus driver.

It'll be on the newswires soon - keep an eye on Breakingnews/the journal and other sites.

Miklos

brb going to get hit by a bus.

Darkglasses

Never mind 15k, meeting a bus and only hurting your thumb is the luckiest that cyclist will ever be!

RobertFoster

Darkglasses wrote: »

Never mind 15k, meeting a bus and only hurting your thumb is the luckiest that cyclist will ever be!

But their hitching days are over...

GlennaMaddy

Hopefully we'll see a pic of this guy cycling his bike (on a bus lane) in the papers tomorrow, giving a big thumbs up for the camera

Jawgap

http://www.irishtimes.com/newspaper/ireland/2012/0131/1224311002542.html

Lesson: don't cycle on the footpad!

Cookie_Monster

Now they just need to fine him 15k for cycling on the footpath :pac:

Jawgap

Cookie_Monster wrote: »

Now they just need to fine him 15k for cycling on the footpath :pac:

........plus costs:)

monkeypants

It's never good when you can't attend a court case because you're already in prison for something else. Pity they couldn't be arsed to find out what for.

Still, your man's an arsehole for going up on the footpath rather than overtaking the bus. And to Bus Eireann, who tried to slopey shoulder their responsibility by arguing that assaulting people wasn't part of his job description...I should hope not.

LLU

Interestingly enough, they couldn't serve a summons on the bus driver because he was in prison! Don't know what he's in prison for, but I guess that made sure Bus Eireann weren't going to put up too much of a fight in this case, right or wrong!

Wheely GR8

A bus hit the back of my car on abbey street once and the sneaky fooker tried to drive off without giving me details or waiting for a guard to arrive.

Got a cheque for damages off bus eireann as thats all I was looking for ,never trust a bus driver.

dubmess

Nice of the Metro to give this story front page attention with the word 'cyclist' in giant letters.

Are they trying to incite more road rage from their readership?

BostonB

They print what sells. This has got nothing to do with buses or cycling.

Don't see why the cyclist couldn't have stayed on the road and gone around the bus.

dubmess

BostonB wrote: »

This has got nothing to do with buses or cycling.

Exactly my point.

Mr. Presentable

Dickhead assaults asshole! Now where's my Buzzcocks CD?

Kintarō Hattori

BostonB wrote: »

They print what sells. This has got nothing to do with buses or cycling.

Don't see why the cyclist couldn't have stayed on the road and gone around the bus.

You'd think he'd be capable, what with his 20 years of cycling to work.

rich.d.berry

The verdict was handed down for assault. Why all the crap about the cyclist being on the path? Nobody should be trying to excuse the bus driver's actions as a consequence.

Despite Scott being guilty of this minor offence, or even if he was being confrontational with the bus driver, it's no reason for the bus driver to assault him. Two wrongs don't make a right, and assault is a more serious offence than cycling on the footpath.

Let's hope that Scott had it pointed out to him in court that he should not have been on the footpath, that he learns a lesson from it and becomes a better cyclist as a result.

Lumen

Kintarō Hattori wrote: »

You'd think he'd be capable, what with his 20 years of cycling to work.

This just demonstrates that it is possible to get away with being very annoying for a very long time, until you eventually meet someone sufficiently bad tempered.

The irony is that the cyclist probably feels vindicated by the outcome.

BostonB

Kintarō Hattori wrote: »

You'd think he'd be capable, what with his 20 years of cycling to work.

LOL. so true.

Its probably on youtube already like that scottish muppet who seems to look for conflict on his commute.

BostonB

rich.d.berry wrote: »

The verdict was handed down for assault. Why all the crap about the cyclist being on the path? Nobody should be trying to excuse the bus driver's actions as a consequence.

Despite Scott being guilty of this minor offence, or even if he was being confrontational with the bus driver, it's no reason for the bus driver to assault him. Two wrongs don't make a right, and assault is a more serious offence than cycling on the footpath.

Let's hope that Scott had it pointed out to him in court that he should not have been on the footpath, that he learns a lesson from it and becomes a better cyclist as a result.

Sure. But its also seems the whole thing could been avoided.

Dermot Illogical

rich.d.berry wrote: »

Let's hope that Scott had it pointed out to him in court that he should not have been on the footpath, that he learns a lesson from it and becomes a better cyclist as a result.

As opposed to being rewarded for cycling on the footpath that other people are putting to legitimate use and then infuriating them further when it's pointed out to him?
I think if I was the bus driver he might have got more money. :pac:

Kintarō Hattori

BostonB wrote: »

LOL. so true.

Its probably on youtube already like that scottish muppet who seems to look for conflict on his commute.

Ah yes- the good Doctor.

BostonB wrote: »

Sure. But its also seems the whole thing could been avoided.

This is exactly it. While no-one should ever be assaulted the whole thing could have been avoided had he not been a muppet and cycled on the path.

Lumen

Kintarō Hattori wrote: »

While no-one should ever be assaulted

I disagree with the broad scope of your assertion. Some people deserve a good punch in the face, and if you haven't met any of them you've lived a charmed life.

Not in this case, mind.

ted1

monkeypants wrote: »

It's never good when you can't attend a court case because you're already in prison for something else. Pity they couldn't be arsed to find out what for.

Still, your man's an arsehole for going up on the footpath rather than overtaking the bus. And to Bus Eireann, who tried to slopey shoulder their responsibility by arguing that assaulting people wasn't part of his job description...I should hope not.

there is precendence set her with regards vicarous liability for an employee

Reilly v Ryan (High Court judgment of Blayney J on 18 July, 1990 reported at [1991] 2 IR 247)

A manager in a shop used the plaintiff as a human shield to fend off the attack of a robber thereby physically assaulting the plaintiff and putting him in a position of great danger. The manager's actions were so excessive as to take them out of the class of acts which were impliedly authorised by the defendant, and that what he did went wholly outside that which he was employed to do, namely to attend to the defendant's customers' needs and safety.

The employees may be liable, but it is unlikely that the employers would be.

SpartanBaz

Kintarō Hattori wrote: »

Ah yes- the good Doctor.

Any links to this Scottish Muppet? I should like to see his work

Lumen

SpartanBaz wrote: »

Any links to this Scottish Muppet? I should like to see his work

http://www.youtube.com/user/magnatom

Captain Havoc

Kintarō Hattori wrote: »

You'd think he'd be capable, what with his 20 years of cycling to work.

That is exactly what I was thinking when I read that line:

Irish Time wrote:

He told his barrister, Jennifer O’Connell, that he had cycled to and from work daily for the past 20 years and had experienced much aggression from lorry drivers, bus drivers and motorists.

CramCycle

Kintarō Hattori wrote: »

Ah yes- the good Doctor.

This one?

monument

As much as I hate cyclists who cycle on the footpath, I have to agree with rich.d.berry -- this kind of assault is much worse than your average cyclist on the footpath.

The court heard that bus driver first "shoved his chest up against" the cyclist's (more minor than the rest, but could assault on its own). Then when the cyclist walked away and try to take a picture of the bus, the bus driver tried to take or damage the cyclist's phone by knocking it out of his hand, and when the cyclist tried to pick up the phone the driver grabbed the cyclist's wrist (could assault on its own) and pinned his "right thumb back all the way" (could assault on its own).

dubmess wrote: »

Nice of the Metro to give this story front page attention with the word 'cyclist' in giant letters.

Are they trying to incite more road rage from their readership?

Is these something diffident on the print edition, because what you call 'giant letters' is their typical front page headline font size.

What's more annoying is the electric bike test feature in the same edition where the journalist commutes for a week from Santry to Talbot St -- which would range from under 6km to a little over 7km -- and he's still talking about sweating into work. The commute into work is down hill and, again, it's an electric bike! :pac:

Captain Havoc wrote: »

That is exactly what I was thinking when I read that line:

While things in Dublin even seem to have gotten better in the last 4 years, I can only imagine the abuse a cyclist would have gotten over the last 20. And you'll get more abuse from a few bus drivers if you dare to use the bus lane on some routes in just one month than you'll get from other drivers in another area for a whole year.

Tallon

Murray, who is currently in prison, did not attend court.

lol

vicwatson

Tallon wrote: »

lol

You just got there before me:o

I had to laugh hard when I read this !:D

monkeypants

BostonB wrote: »

that scottish muppet who seems to look for conflict on his commute.

I watched those videos before and that's exactly what I thought. Is he really tall or does he ride a penny farthing. The camera seems very high up and he wobbles a lot.

I don't agree with a lot of his filtering or the speed at which he seems to do it. He gets very close to some of the cars and if I was a driver, he'd give me the heeby-jeebies.

BostonB

A lot of the situations seems to be avoidable IMO. Also he doesn't treat other road users with courtesy he demands from everyone else. Any good he does is lost in the bad he does.

monument

monkeypants wrote: »

I watched those videos before and that's exactly what I thought. Is he really tall or does he ride a penny farthing. The camera seems very high up and he wobbles a lot.

I don't agree with a lot of his filtering or the speed at which he seems to do it. He gets very close to some of the cars and if I was a driver, he'd give me the heeby-jeebies.

His camera is helmet mounted. So, you get the wobble from a person and their head movement.

Sometimes some cameras can also give the impression that objects are closer than they are.

BostonB

monument wrote: »

....The court heard that bus driver first "shoved his chest up against" the cyclist's ...

Its nothing to do with cycling IMO. But accepting that, and looking at the cycling aspect to this, it doesn't make a lot of sense IMO.

Why was he off his bike in the first place? Why not just give a wave and continue on. Did the driver block him somehow?

Also did the cars go on the pavement to get around the bus? If not I assume there was room for a cyclist to stay in line with the traffic and go around it. I mean if you are on the quays you have to do this for every bus that stops. It makes no sense to go the other side, as the passengers dismount and are in you way. Its quicker to merge with the traffic.

Perhaps there was more to it. It reminds me off that Scottish guy. Didn't someone made a funny video about just cycling into obstacles deliberately?

BostonB

monument wrote: »

...Sometimes some cameras can also give the impression that objects are closer than they are.

The amateur dramatics certainly do...

rich.d.berry

BostonB wrote: »

Didn't someone made a funny video about just cycling into obstacles deliberately?

https://www.youtube.com/watch?v=bzE-IMaegzQ

CramCycle

BostonB wrote: »

Didn't someone made a funny video about just cycling into obstacles deliberately?

Ninja'd by RDB

monument

BostonB wrote: »

Its nothing to do with cycling IMO. But accepting that, and looking at the cycling aspect to this, it doesn't make a lot of sense IMO.

Why was he off his bike in the first place? Why not just give a wave and continue on. Did the driver block him somehow?

Also did the cars go on the pavement to get around the bus? If not I assume there was room for a cyclist to stay in line with the traffic and go around it. I mean if you are on the quays you have to do this for every bus that stops. It makes no sense to go the other side, as the passengers dismount and are in you way. Its quicker to merge with the traffic.

Perhaps there was more to it. It reminds me off that Scottish guy. Didn't someone made a funny video about just cycling into obstacles deliberately?

Relevance to cycling? It sends a message that assaulting other road users -- even when they have done something wrong -- it will not be tolerated. I'm not and will not try excuse footpath cycling -- but in this case it is a minor issue compared to the type of assault which was committed.

Sadly, a court report can only tell a fraction of what was said in court. But going by the report, it seems one way or another that the bus driver was the one who started the aggression.

Even thought cycling on the path is a minor issue compared to the assault, I hope the judge also warned against cycling on paths. And while I can't guess what was in the cyclist's mind or why he went on the path, but genially a lot of cyclists seem to think that they can cycle up on the path when traffic blocks the road and the road around there can get very congested.

Turbulent Bill

€15k would buy lots of copies of Cyclecraft, just a suggestion...

galwaycyclist

monument wrote: »

Even thought cycling on the path is a minor issue compared to the assault, I hope the judge also warned against cycling on paths. And while I can't guess what was in the cyclist's mind or why he went on the path, but genially a lot of cyclists seem to think that they can cycle up on the path when traffic blocks the road and the road around there can get very congested.

I am afraid I have to disagree about cycling on the path being a minor issue - speaking as someone who occasionally got the job of unloading the luggage from tour buses. The age profile for the groups often tends to be in the retired/elderly range. Exactly the kind of people who might have osteoporosis or limited mobility - in other words think of your grandmother.

The thought of a grown man cycling through a group of these people -because he can't be bothered waiting or overtaking legally - provokes unkind thoughts. I am not sure how I would have reacted myself in the circumstances.

I realise that it might have been a bus load of body builders but that is outside my experience

monument

galwaycyclist wrote: »

I am afraid I have to disagree about cycling on the path being a minor issue - speaking as someone who occasionally got the job of unloading the luggage from tour buses. The age profile for the groups often tends to be in the retired/elderly range. Exactly the kind of people who might have osteoporosis or limited mobility - in other words think of your grandmother.

The thought of a grown man cycling through a group of these people -because he can't be bothered waiting or overtaking legally - provokes unkind thoughts. I am not sure how I would have reacted myself in the circumstances.

I realise that it might have been a bus load of body builders but that is outside my experience

Not a minor issue generally, but a minor issue compared to the collective of assaulting somebody, then trying to damage/take their property, and, when the person was trying to pick up said property, then assaulting them with actual bodily harm.

I'm getting very sick of adult cyclists on footpaths when out walking with the pram (which I do more at the moment than cycle -- god, I can't wait until I have enough for a cargo bike!). Cyclists and cars parked on footpaths and the state of footpaths and crossing etc is giving me a small but sicking taste of what it must be like to be old or disabled and trying to get around Dublin.

Fuinseog

PCPhoto wrote: »

you heard it here first !!

A cyclist was awarded 15K in the Civil Court for an injured thumb caused by a bus driver.

It'll be on the newswires soon - keep an eye on Breakingnews/the journal and other sites.

well know I read it in the indo .

the driver was out of line to break his thumb, but should the cyclist have been on the footpath in the first place? This seems to be acceptable. I can well imagine the situation- you are standing on the footpath waiting to get your bag out of the bus when some cyclist goes to mow you down. sure you would be safer standing in the middle of the road.

I can understand the drivers anger and find the 'victim' a little too self-righteous.its a sad reflection that someone who recklessly endangers life gets rewarded and yet believes that he is in the right.

Fuinseog

Jawgap wrote: »

http://www.irishtimes.com/newspaper/ireland/2012/0131/1224311002542.html

Lesson: don't cycle on the footpad!

lesson. go right ahead and do it. you will get 15k out of it.

Fuinseog

monument wrote: »

Relevance to cycling? It sends a message that assaulting other road users -- even when they have done something wrong -- it will not be tolerated. I'm not and will not try excuse footpath cycling -- but in this case it is a minor issue compared to the type of assault which was committed.

Sadly, a court report can only tell a fraction of what was said in court. But going by the report, it seems one way or another that the bus driver was the one who started the aggression.

Even thought cycling on the path is a minor issue compared to the assault, I hope the judge also warned against cycling on paths. And while I can't guess what was in the cyclist's mind or why he went on the path, but genially a lot of cyclists seem to think that they can cycle up on the path when traffic blocks the road and the road around there can get very congested.

the 'victim' in this affair, one Scott Alexander Burns, an occupational therapist who works in Our Lady's Children's Hospital, Crumlin is not as innocent as he believes. he is hardly a credit to a childrens hospital. I sincerely hope he is not in charge of teaching kids how to cycle or indeed how to behave in a responsible manner.
working in a hospital he should really know the damage a cyclist who runs down a pedestrian can do.

monument

Fuinseog wrote: »

sure you would be safer standing in the middle of the road.

I hate cyclists on footpaths, but I'd choice them on the footpaths any day over having to stand in the middle of most of the roads around Dublin.

Fuinseog wrote: »

lesson. go right ahead and do it. you will get 15k out of it.

He did not get 15k for cycling on a footpath, he got 15k because he was assaulted by bus driver while he was working.

RobertFoster

galwaycyclist wrote: »

I realise that it might have been a bus load of body builders but that is outside my experience

Close...




The driver still shouldn't have assaulted him, even if he was cycling on the path. If you got a smack from an angry passer-by who thought you should be on the cycle track/lane instead of the road, the passer-by would still be wrong. Two wrongs etc. etc.

BostonB

He didn't get assaulted for cycling on the footpath.

It happened as a result of what happened after that.

As such it had nothing to do with cycling.

monument

BostonB wrote: »

He didn't get assaulted for cycling on the footpath.

It happened as a result of what happened after that.

As such it had nothing to do with cycling.

It has. None of this would have happened if it was not for him cycling.

It's like saying that road rage between two drivers has nothing to do with driving.

BostonB

The point is if he'd kept going nothing the driver could have done about it.

I'd be curious what his reason was to stop and argue was.

Iwannahurl

BostonB wrote: »

The point is if he'd kept going nothing the driver could have done about it.

I'd be curious what his reason was to stop and argue was.

Could this have anything to do with it?

"...he had cycled to and from work daily for the past 20 years and had experienced much aggression from lorry drivers, bus drivers and motorists."