A man who was injured in a collision between his unlit electric bicycle and a car has lost his High Court action for damages.
Peter Duffy (59) from Drimnagh, Dublin, had sued Patrick Lyons (42), Dolphin's Barn, Dublin, over the accident in Crumlin on the night of September 8th, 2014.
The court heard Mr Duffy, a school teacher who also teaches yoga and works as an actor, was making a right turn on his electric bike from the Crumlin Road onto Rafter’s Road at about 9.15pm as Mr Lyons’ car approached the junction in front of him.
He accepted he did not have lights on the bike and was not wearing a helmet but said he was wearing a hi-vis vest and had reflectors on the bike.
He said he believed he had plenty of time to make the turn.
Mr Lyons told the court Mr Duffy came out in front of him from between two cars. He said he had no time to react and when he hit the brakes, the car skidded and hit the rear wheel of the bike.
The court heard Mr Duffy suffered lacerations and abrasions to his skull and face, soft tissue injury to his left shoulder and two fractures to his left ankle.
Dismissing the case, Mr Justice Anthony Barr said he was satisfied Mr Lyons had had no chance to avoid hitting Mr Duffy.
As a grown man, Mr Duffy was “highly negligent” to cycle from the city centre to Drimnagh without lights on his bike, the judge said. He was also negligent in failing to wear a helmet, he added.