Journalism and Cycling 2: the difficult second album

Paddigol · 14-01-2026 10:49AM

https://www.boards.ie/discussion/comment/124145060#Comment_124145060

Agree. The lack of lights is a really serious issue. Ironically it rarely gets as much airtime as hi-viz, despite (a) lights actually being a legal requirement during certain hours of the day and (b) lights being far more effective at ensuring visibility. It's always "they weren't wearing hi viz". Which then leads to situations in town where you see people every night cycling with no lights but clad in hi viz.

Unfortunately, a judge's comments and reasoning for arriving at a decision do carry a lot of weight and so it simply being the case that the correct result was arrived at isn't really acceptable.

I hope the decision is appealed based on the clear prejudice and bias demonstrated by the judge here.

One last point on the "he sounded the horn but continued on anyway" issue - as cyclists we've all been there… driver sounds the horn simply to tell us that he's ploughing on regardless of our presence and that we simply better not get in his way. Close relation to the punishment pass. Would the motorcyclist have acted the same way if it was a HGV driver acting erratically? Definitely not. That's not to say the fault is entirely the motorcyclists, or even 50:50, but there's a strong argument that he should have adjusted his driving until passed the cyclist that he deemed erratic enough to sound his horn.

It's a classic case of no point being in the right when it ends up in a serious accident - a logic that applies even more strongly to activist cyclists.

CramCycle · 14-01-2026 11:07AM

https://www.boards.ie/discussion/comment/124145782#Comment_124145782

Truth is unless we see the dash cam we are all talking out our arse. We only have the reported parts of the case, and on that no one is in the clear. Remember that road incidents are like crop cover, it can be more than 100% when you add up everything in regards where the fault lies :

Cyclist - erratic, no lights at a dark time, no indication (this last one I really want to see the video as a cyclist can indicate via road position) - 100% to blame AFAWK

Motorcyclist - noticed and acknowledged the cyclist, continued to proceed regardless despite being aware the other road user was behaving in an erratic fashion and admits as much, presumably he either didn't slow enough or give enough space to account for this erratic behaviour and if neither were possible, he should have stayed behind - 100% to blame AFAWK

In regards the case and how it was handled, most of this is hypothetical:

Cyclist - probably advised by solicitor to go to court and not accept PIAB as it was a brain injury 0% fault

Motorcyclist - correct to fight against the decision when not completely at fault 0% fault

Judge - nothing to do with the incident but the judge deserves blame, for whether his apportioning blame is correct or not, he did not give fair or correct weighting on the merits of the case and the case alone, and his comments are not far off inciting hatred. 99% of the fault of why this was a sh1t show (the remaining 1% is people just wanting to be annoyed at a perceived different group).

On a personal note, and I don't remember if it was ever covered in the test but when I was learning, if I see someone behaving erratically, as described above. In most cases (before phones), I hang back and do not go for the overtake, even if I have a separate lane, because you just don't know. There are obvious exceptions to this, the speed of the erratic road users and the ability to give a gap. If I am on a wide road with two lanes each side and the road users is going slowly and I can cross over and put enough distance that even if they swerved, I might overtake, but in most cases, such as the one described, I just wait. Even reading the description, I don't know how an experienced motorcyclist, wasn't able to pull completely over to the far side before he swerved and accelerate past. Mobiles did not exist in the way they do today, in many circumstances, I might pull over and ring the local station to see do they have a car in the area and point out the person is either drunk, having a medical episode or something else.

JMcL · 14-01-2026 01:41PM

Is there no notion of bias training for judges and if not, why not? It's all fine and well knowing the statute book back to front, but obvious bias as displayed here can only add question marks to judgements, and should be a valid factor in any appeal. Pretty much every other profession is expected to have in-service training, so why not the judiciary?

On a personal perspective I'd consider myself in general to be fair and unbiased, but in my work I can't sit on an interview panel unless I have a certificate that my unconscious bias training is up to date (it needs refreshed every 3-4 years).

zell12 · 14-01-2026 02:00PM

discussing disabled & transport, Mr. Ciarán Delaney of Non-Neurotypical Disabled Persons' Organisation:

Seth Brundle · 14-01-2026 02:24PM

https://www.boards.ie/discussion/comment/124146618#Comment_124146618

I see Mr. Delaney is joined at that committee hearing with one Gary Kearney so say no more 🙄

Thelonious Monk · 14-01-2026 02:45PM

Gary Kearney is on that Journal article comments now banging on about how he only cares for pedestrian safety and he doesn't hate cyclists. Who killed the 40 odd pedestrians who died last year? God he's insufferable.

CramCycle · 14-01-2026 03:25PM

https://www.boards.ie/discussion/comment/124146758#Comment_124146758

The same guy who said there is nothing to be done about parking on pavements but in the same talk was saying how dangerous boke paths are for people with disabilities. He is some man for talking absolute HS out of both sides of his mouth.

Paddigol · 14-01-2026 03:48PM

https://www.boards.ie/discussion/comment/124146618#Comment_124146618

He may well have a very valid point. Anyone not respecting pedestrian crossings or zebra crossings deserves a slap around the head. But as a pedestrian in town navigating pavements with cars parked up, delivery drivers parked up etc… while I'm barely inconvenienced I do often wonder how much it must frustrate blind people, parents with buggies and wheelchair users.

So it - as always - comes back to needing to maintain a sense of perspective and balance. What did Mr. Delaney have to say about the main scourge of footpaths - parked vehicles?

When that issue was put to the head of the Irish Hauliers Association on the radio yesterday he saw nothing wrong with simply replying that sure there's nowhere to park and they're only ever parked up for a short space of time and people (specifically cyclists) should just move around them. Which is one thing. But in the very next breath you have people (a) complaining about cyclists not being in cycle lanes and (b) dismissing the idea that drivers can simply overtake cyclists if they're 'in the way'.

The mask is never long slipping when it comes to discussing these issues. Always presented as just looking for cyclists to be reasonable and share the road and take appropriate safety measures. But as soon as that logic is applied to motorists…

Thargor · 14-01-2026 05:20PM

https://www.boards.ie/discussion/comment/124146045#Comment_124146045

Yeah saw hat road haulage guy or whatever he was last night, pure cringe, like a Harry Enfield stereotype, he looked like he had gout or something.

Large bottle small glass · 14-01-2026 05:30PM

https://www.boards.ie/discussion/comment/124146051#Comment_124146051

The judges comments are awful, and they are not out of character. If you told me a circuit court judge said it and to guess who Jimmy would have been my guess 1,2, & 3.

While he can be wildly inappropriate, he's not a stranger to assessing liability in RTCs. He spent years doing just that prior to being a judge; day in day out.

In nearly ever case where some one abruptly changes lanes without indication and a collision happens they are found 100% liable. People have a bias here because the one driving like a fool is cyclist.

If a cyclist dies because a motorist changed lanes without looking or indication would anyone being arguing here that the cyclist should have anticipated it and should bear some responsibility?

Jimmy getting there the wrong way bought off the appeal if you read between the lines; the uplift from secondary injury brought case into circuit court jurisdiction and circuit court costs.

The lawyers will be fully paid after taking on a risky case and won't want to gamble with their costs i would think.

Paddigol · 14-01-2026 05:35PM

https://www.boards.ie/discussion/comment/124146045#Comment_124146045

He made the same comments about headphones on the radio earlier yesterday. Quite why it's such a major issue, yet car manufacturers make lack of outside noise a selling point, and shur crank up the old choons on the stereo too while you're at it - and that doesn't bother him at all is beyond me.

The more you stand back from this 'debate' and just look at the facts, the more bizarre it is that people get so angry and upset by cyclists. On every metric motorists are a bigger problem… TO OTHER MOTORISTS.

But sure, clicks and likes to garner, so crack on...

Thelonious Monk · 14-01-2026 05:54PM

Yeah like how are headphones or helmets affecting them in the slightest? They just hate people who use bikes and want more rules and regulations on them no more to it than that.

magicbastarder · 14-01-2026 06:01PM

https://www.irishtimes.com/politics/oireachtas/2026/01/14/labour-party-complains-to-judicial-council-over-judges-nightmare-cyclists-remark/

..

BP_RS3813 · 14-01-2026 06:07PM

https://www.boards.ie/discussion/comment/124147392#Comment_124147392

The headphones/earphones/phones are one thing I actually agree with the complaining motorist crowd unfortunatly.

The amount of near crashes I have on the fairview cycle path due to the person on front of me having headphones and/or not checking their surroundings is ridiculous.

They can't hear my bell ringing or me screaming at them 'on your right' as I go by them. They'll often panick and swerve slightly too as they realise someone is right by them.

Same thing for malahide rd on the way up towards coolock. Serious lack of checking shoulders and surroundings, listening for cars coming behind.

Thelonious Monk · 14-01-2026 07:00PM

https://www.boards.ie/discussion/comment/124147433#Comment_124147433

I use headphones but they're the shox ones so you can still hear what's around you too. Plus it's either podcasts or Spanish lessons not music which makes it easier to hear beyond.

Stark · 14-01-2026 07:00PM

They're an interesting bunch in the sense that they can be so unaware and oblivious, yet seemingly immune to consequences. Whereas it seems like any time I lose attention for a second when cycling I have a near miss with someone stepping/pulling out in front of me/cutting me off etc. The one explanation I can think of is that their erratic behaviour makes them stand out as a hazard from a mile off so they get a much wider birth than someone who's cycling predictably.

BP_RS3813 · 14-01-2026 07:04PM

https://www.boards.ie/discussion/comment/124147630#Comment_124147630

Shockz is somewhat acceptable IMO but depends on the rider. Personally I make it a rule to never use anything and think most people could should do it too.

Stark · 14-01-2026 07:13PM

I sometimes wear them if I need to follow satnav directions so somewhere I'm unfamiliar with, otherwise I wouldn't be able to hear the directions over the noise of traffic.

magicbastarder · 14-01-2026 09:18PM

https://www.irishtimes.com/ireland/2026/01/14/state-of-shock-livelines-cuddihy-recalls-coming-across-scene-of-fatal-road-crash/

..

Thelonious Monk · 14-01-2026 09:52PM

https://www.boards.ie/discussion/comment/124148000#Comment_124148000

yeah, ms monk works in the hospital she was brought to, she hadn't a chance at all, very sad

Kaisr Sose · 14-01-2026 09:55PM

Cyclist - probably advised by solicitor to go to court and not accept PIAB as it was a brain injury 0% fault

The judge also awarded Circuit court costs to the cyclist. This would lead me to think the court award was higher than PIAB award. You won't get your costs if the court award is less than their award. It would be the insurance companys decision on whether to go to court or settle. I dont think the policy holder has any say in going to court.

magicbastarder · 14-01-2026 11:34PM

it's called subrogation; you hand over control of how claims are dealt with and/or settled.

if the insured decided to act independent of the insurance company, they'd be paying their own legal fees.

Kaisr Sose · 15-01-2026 12:10AM

https://www.boards.ie/discussion/comment/124148412#Comment_124148412

Thats the term.😄

This quote below was posted above and informed my post about it being the insurance company that defends the action

Motorcyclist - correct to fight against the decision when not completely at fault 0% fault

khamilton · 15-01-2026 06:05AM

https://www.boards.ie/discussion/comment/124147319#Comment_124147319

people don't seem to have a bias here in relation to this incident, and indeed, most people expressing an opinion on the ratio of blame seem to view it as reasonable.

Separately, there's a difference between a motorist changing lanes without warning and being crashed into, and an event where there's e.g. dashcam footage of the other driver beeping their horn, and saying out loud that the other driver is going to get hit by them if they don't cop on.

Law is contextual so I rarely trust people who say "nearly 100% of the time" in relation to legal cases.

Also, there's no shortage of case law of pedestrians unexpectedly stepping out into a road, being hit by a car, and not being apportioned full blame for the resulting incident for a variety of reasons.

A few examples off the top of my head to show that the law isn't simply "someone entered my lane, they are 100% in the wrong"

https://courtsnewsireland.ie/woman-sees-careless-driving-charge-dismissed-as-judge-criticises-motorcyclists-filtering-claim/2025/12/18/

And the fairly well known (and tragic) Carr v Olas & Doran

07Lapierre · 15-01-2026 09:26AM

https://www.boards.ie/discussion/comment/124147433#Comment_124147433

Toptip: just pass them! Don’t ring your bell/shout etc. it’s safer for you and the person you’re passing.

BP_RS3813 · 15-01-2026 10:15AM

https://www.boards.ie/discussion/comment/124148787#Comment_124148787

How so if you don't mind me asking?

Seth Brundle · 15-01-2026 10:18AM

https://www.boards.ie/discussion/comment/124148881#Comment_124148881

Often when you ring a bell to alert an oblivious person ahead to your presence, they can panic and dash into your path.

CramCycle · 15-01-2026 10:29AM

Same here, ringing bell seems to annoy people or confuse them, shouting on our right only works for the racing types. Same as overtaking in any vehicle, move out, give space, accelerate past, pull back in.

Paddigol · 15-01-2026 10:35AM

https://www.boards.ie/discussion/comment/124147433#Comment_124147433

I don't use them. I'd feel much more vulnerable if I did. But that's not really the point - you (the royal 'you'!) can't insist that they be banned for cyclists without any detailed studies or research done and verified statistics to back it up, and at the same time ignore the fact that you can drive in a sensory-deficient steel box with infotainment systems flashing and stereo jacked up to the max. How does a driver hear a siren approaching from the distance? Or a cyclist behind shout? Or a pedestrian seeing a child about to step off a footpath?

The subjective whataboutery works both ways. I just never hear the hand-wringers applying the same "but if it saved just one life" logic to motoring.

And how do people know that those wearing headphones are listening to music? On long solo spins I'll wear a pair of behind the ear bone conduction earphones, on silent, so that if I get a call I can take it.

So much curtain twitching and nanny stating.

BP_RS3813 · 15-01-2026 11:31AM

https://www.boards.ie/discussion/comment/124148931#Comment_124148931

Your point is correct re: the driving in a steel box and the 'if it saved just one life' should be applied to motorists too. However you don't need a study to know that covering your ears will reduce your ability to hear your surroundings regardless of if there is sound playing or not.

I'm an avid cyclist myself and would be very much 'anti - car' however their points re: pedestrians/cyclists with headphones is valid.

The media is however unfortunatly car brained so until that changes we will never get the fair coverage that should occur.

Journalism and Cycling 2: the difficult second album

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