A cyclist who was left with head injuries after breaking a red light and getting hit by a car in Dublin has settled a High Court action for €190,000.
The settlement is based on an agreement that the cyclist, Anton Mazilu, is 80 per cent responsible for the early morning accident near the North Strand Road on July 27th, 2020.
Mr Mazilu’s counsel, Michael Byrne SC, told the High Court the cyclist was thrown in the air and landed on his head, leaving him with devastating head injuries.
Anton Mazilu (64), from Comuna Halaucesti in Romania, had sued the driver of the car, taxi driver Derek Kiernan, of Westbrook Drive, Balbriggan, Co Dublin, over the accident.
It was claimed there was a failure to keep a proper lookout and a failure to see or heed the presence of the cyclist on the road.
Mr Kiernan denied all the claims and contended that the accident took place when the cyclist entered into the junction through a red traffic light when it was unsafe to do so, and at a time when the car driver could not reasonably have anticipated he would do so.
The taxi driver further contended there was contributory negligence on the part of the cyclist, who he said had failed to obey the red traffic light and he cycled suddenly and without warning across the path of the car.
Michael Byrne SC told the court that Mr Mazilu was a self-employed welder in Dublin before the accident.
The accident occurred on a wet July morning at 6.20am, he said.
He said the cyclist broke a red light at the junction and was cycling through when the lights on the taxi driver’s side turned green and vehicles moved off and the taxi driver advanced. Mr Byrne said the speed at the point of impact was in the region of 33km/h.
According to witness statements, Mr Byrne said it would appear the driver would have no chance to see the cyclist and dash cam footage from the car was also available.
He said Mr Mazilu suffered devastating head injuries and was in hospital in Dublin until September. He later went to his daughters in Italy to recover, before returning home to Romania.
Ms Justice Leonie Reynolds noted the settlement, which was based on an 80 per cent liability against the cyclist and 20 per cent against the driver. The judge congratulated both sides on the excellent settlement, which she said she had no hesitation in approving.
