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Shared Liability

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Comments

  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    Would you put up a google map link?

    I can't do it on the phone but it was the junction of Gardiner street and Sean Macdermott street in Dublin. I was going straight (from Dorset street towards quays). He was coming from quays and turning right onto Sean Macdermott street.


  • Registered Users, Registered Users 2 Posts: 2,579 ✭✭✭charlietheminxx


    Maybe I'm just being a bit dim but it seems weird you both had green lights at the same time coming from different directions? Isn't it a bit of a cross roads there?


  • Registered Users, Registered Users 2 Posts: 2,579 ✭✭✭charlietheminxx


    Do you mean here OP, where your trajectory is the blue line and his the red?

    Yes I did this in paint, just trying to understand what happened.


  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    Do you mean here OP, where your trajectory is the blue line and his the red?

    Yes I did this in paint, just trying to understand what happened.
    Yes.


  • Closed Accounts Posts: 1,800 ✭✭✭tretorn


    Did he turn on a filter light and did you break the red light.

    Thats the only way you could be at fault in anyway.


  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    tretorn wrote: »
    Did he turn on a filter light and did you break the red light.

    Thats the only way you could be at fault in anyway.
    No. We both had a green light.


  • Closed Accounts Posts: 1,800 ✭✭✭tretorn


    Why are the Gardai and the barrister saying you contributed, how could you contribute if you were going straight and a car turned into your path.

    Have you witnesses and did you take pictures at the scene.


  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    tretorn wrote: »
    Why are the Gardai and the barrister saying you contributed, how could you contribute if you were going straight and a car turned into your path.

    Have you witnesses and did you take pictures at the scene.
    Witness yes.

    Barrister said I was travelling too quickly if I broke the window. I would refute that I hit with my elbow and weigh 100+kg.


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    2nd opinion time.


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  • Closed Accounts Posts: 1,420 ✭✭✭MrFresh


    sullivlo wrote: »
    No. We both had a green light.


    Have you asked either the Garda or barrister why they think you are liable? Only way I can see it is if they think you broke a light.


  • Registered Users, Registered Users 2 Posts: 1,863 ✭✭✭Large bottle small glass


    sullivlo wrote: »
    Witness yes.

    Barrister said I was travelling too quickly if I broke the window. I would refute that I hit with my elbow and weigh 100+kg.

    Barrister sounds clueless.

    Glazing isn't the material of choice for impact resistance.

    Wake up, use the threat of PIAB/solicitor to get what your are owed or just use a good solicitor.


  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    Barrister sounds clueless.

    Glazing isn't the material of choice for impact resistance.

    Wake up, use the threat of PIAB/solicitor to get what your are owed or just use a good solicitor.
    Yes I have used the threat with the mibi so waiting to hear back.


  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    Oh yes. Further complication. Non Irish car, non Irish driver. Nationality of driver and insurance don’t match.


  • Registered Users, Registered Users 2 Posts: 2,584 ✭✭✭ahnowbrowncow


    Definitely get a second opinion.

    I've often cycled on Gardiner St and I can picture exactly how this happened. From your explanation of events I cannot see how the barrister or the Garda can view this as shared liability or contributory negligence.

    This sounds like a genuine case for a personal injury claim so I wouldn't just cut my losses.


  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    so the traffic was stopped in both directions, a light had gone green but for traffic or just gone green reasons the driver could only turn through the junction then , and you were cycling fast enough that you went through the window with your fist.

    theres something not adding up here unless the traffic was stopped in your direction only and the car just bombed through the gap to turn right, or you were cycling way too fast for the junction.


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  • Registered Users, Registered Users 2 Posts: 9,994 ✭✭✭sullivlo


    so the traffic was stopped in both directions, a light had gone green but for traffic or just gone green reasons the driver could only turn through the junction then , and you were cycling fast enough that you went through the window with your fist.

    theres something not adding up here unless the traffic was stopped in your direction only and the car just bombed through the gap to turn right, or you were cycling way too fast for the junction.

    I didn't see the traffic on the other side. It was stopped on my side.


  • Registered Users, Registered Users 2 Posts: 3,292 ✭✭✭0lddog


    Many years ago I was in a similar situation to this except that it was car - car. My insurance paid up with no suggestion that the other party was in any way to blame. I cant help wondering if the fact that OP was on a bike is clouding the issue here.


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