Bicycle Courier Awarded Taxi Accident Injury Compensation
A bicycle courier has been awarded €30,000 taxi accident injury compensation after claims that he contributed to the cause of the accident were dismissed.
In March 2015, Rotimi Omotayo was cycling between carriageways on Custom House Quay, when a taxi driven by Kenneth Griffin pulled out from a line of stationary traffic, knocking Rotimi from his bike.
Fortunately, Rotimi escaped serious injury, but when he applied to the Injuries Board for an assessment of his injuries, consent to conduct the assessment was denied on the grounds of contributory negligence.
The Injuries Board issued Rotimi with an authorisation to pursue his claim for taxi accident injury compensation in court, and the case was heard recently by Mr Justice Bernard Barton at the High Court.
At the hearing, Judge Barton heard witnesses on behalf of both parties testify how the accident happened – the significant issue being if Rotimi had been in breach of Road Traffic Regulations by cycling in the hatched area.
After hearing that Rotimi was delivering to the river side of the Quay, and had every entitlement to cycle in the outside lane before turning right, Judge Barton found in his favour. The judge said that Rotimi had the right of way and was sufficiently close to Kenneth Griffin to give the taxi driver a duty of care.
Judge Barton dismissed the claim of contributory negligence and assigned full liability to Mr Griffin for pulling out into bicycle courier´s path. However, when it came to assessing damages, Judge Barton said he was not going to rely on the Book of Quantum as it was “hopelessly out of date and of little assistance”.
Instead the judge applied the principals of Tort law to award Rotimi €30,000 taxi accident injury compensation for his general damages. With regard to his claim for special damages, Judge Barton said there was insufficient evidence to justify Rotimi´s alleged loss of earnings due to his injuries. The judge allowed “properly vouched and agreed” special damages – including Rotimi´s legal costs.