Award of damages of €48,000 to cyclist who was struck by car

Personal injuries - action arises out of a road traffic accident which occurred at 09:50hrs on 5th January, 2012 - plaintiff’s case, that while cycling his bicycle in the cycle lane on the outbound side of the road, he decided to make a right hand turn and cross over to the cycle lane on the far footpath - plaintiff states that as there was no traffic in either the bus lane, or the car lane, on his side of the road leading from the city, he was able to turn right and travel across these two lanes - having seen that there was no traffic in the far bus lane, he proceeded into the bus lane, where he was hit broadside on from the left side by the defendant’s car, which had pulled out of the line of traffic and had entered the bus lane - defendant accepts that there was a collision between the plaintiff’s bicycle and his car in the inner lane of the inbound carriageway but he denies that it was a bus lane at that point - defendant states that the plaintiff emerged from between the cars to his right and crashed into the side of the driver’s wing of his car - Garda who was at the scene shortly after the incident preserved the bicycle and examined it after the accident found that the front and rear brakes were not working - Action arises out of a road traffic accident which occurred at 09:50hrs on 5th January, 2012 - plaintiff’s case, that while cycling his bicycle in the cycle lane on the outbound side of the road, he decided to make a right hand turn and cross over to the cycle lane on the far footpath - plaintiff states that as there was no traffic in either the bus lane, or the car lane, on his side of the road leading from the city, he was able to turn right and travel across these two lanes - having seen that there was no traffic in the far bus lane, he proceeded into the bus lane, where he was hit broadside on from the left side by the defendant’s car, which had pulled out of the line of traffic and had entered the bus lane - defendant accepts that there was a collision between the plaintiff’s bicycle and his car in the inner lane of the inbound carriageway but he denies that it was a bus lane at that point - defendant states that the plaintiff emerged from between the cars to his right and crashed into the side of the driver’s wing of his car - Garda who was at the scene shortly after the incident preserved the bicycle and examined it after the accident found that the front and rear brakes were not working - plaintiff was been consistent in his account of the accident - in the five years since the incident the Guard recalled matters that were not in his notebook - evidence of the defendant was unsatisfactory in a number of respects, his car mirror and his speed at the time of impact - court was satisfied that the defendant did not see the plaintiff because he was not looking at what was happening in front of him - greater proportion of liability must rest with the defendant - plaintiff was examined in February, 2016, some four years after the accident and the left knee continued to be painful, particularly when walking or carrying out basic activities of daily living - plaintiff will have some on-going discomfort in his left knee in the future - plaintiff awarded €48,000.