The family of a 25-year-old cyclist who died in a collision with a road sweeper truck has settled a High Court action for €90,000.
Ryan McCarthy (25), from Grangebrook Avenue, Rathfarnham, Dublin 16, was cycling at Whitechurch Road in Rathfarnham at 12.30pm on November 17th, 2017, when the fatal collision occurred.
Counsel for the McCarthy family, David Kennedy SC instructed by Downes Solicitors, told the High Court it was their case that the road sweeper was doing a U-turn and Mr McCarthy was unfortunately not able to take evasive action.
An inquest into the death of Mr McCarthy, an experienced cyclist, previously heard that the truck had finished its sweeping route and was making a right-hand turn off Whitechurch Road into the Whitecliff Estate entrance to make a U-turn when the accident happened.
In a statement read to the High Court on Tuesday, Oxigen Environmental, which owned the truck, offered its sincere sympathies to Mr McCarthy’s family following his untimely death.
Counsel said this expression of sympathy is of some consolation and assistance to Ryan’s family.
He said at the time of his death, the 25-year-old was hoping to become a special needs assistant.
Ryan’s mother, Stephanie McCarthy, of Grangebrook Avenue, Rathfarnham, Dublin, had sued Oxigen Environmental Unlimited Company and Oxigen Environmental Ltd, both with registered offices at Merrywell Industrial Estate, Ballymount Road Lower, Dublin, who were the owners of the road sweeping truck, and the driver, Darius Zemetis, also of the same address.
Mrs McCarthy has sued on behalf of her family over the death of her son as a result of the incident at Whitechurch Road, Dublin on November 17th, 2017.
It was claimed that there was an alleged failure to respect the right of way of Mr McCarthy and an alleged failure to take any or any reasonable steps to use the vehicle mirrors and recheck blind spots.
It was further claimed there was an alleged failure to keep any or any adequate lookout for cyclists and the truck had allegedly cut across the cycle route of Mr McCarthy.
All the claims were denied.
Noting the settlement, Mr Justice Paul Coffey conveyed his deepest sympathy to the McCarthy family for the unfortunate and tragic death of Ryan.
At an inquest into the death of Mr McCarthy, a witness described how Ryan had attempted to swerve, but it was too late.
Ryan McCarthy was a keen cyclist from a competitive cycling family, and was involved in mountain bike, off-road, and track events.
