Actuary who knocked down girl (9) as she cycled across pedestrian crossing avoids driving ban
An actuary who knocked down a child as she crossed a pedestrian crossing failed to see her as she was wearing white clothes, was on a white bike and beside a white wall, a court heard.
Cormac O’Leary (51) hit the brakes when he saw the girl, but struck her, with the impact throwing her off her bike.
O’Leary immediately got out of his car to help the girl, who was nine years old at the time.
The defendant’s own children were in the car at the time of the accident, a court heard.
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Judge Shalom Binchy convicted and fined O’Leary €1,000, but did not disqualify him from driving.
The defendant, with an address at Togherhill, Milverton, Skerries, admitted careless driving at Miller’s Lane in Skerries last October 18. O’Leary was originally charged with dangerous driving, but the court previously accepted a plea to the lesser charge of careless driving, and the case was before Judge Binchy for sentencing.
Garda Glenn Burke told Swords District Court that O’Leary presented himself at Balbriggan garda station on October 20 last year, and told gardaí he had hit a young girl on her bike two days previously.
Gda Burke said he viewed CCTV, which was shown in court, and said O’Leary approached the pedestrian crossing at speed, hitting the girl and knocking her off her bike.
The court heard that the girl was shaken by what happened, but did not suffer any injuries.
O’Leary had no previous convictions, the court heard.
Defence lawyer Martin Dully BL said the child cycled out onto the pedestrian crossing without stopping, and O’Leary’s line of sight was obstructed by a car coming towards him.
Mr Dully also said the child was wearing white, was on a white bike, and passing by a white wall, and this went some way to explain why O’Leary had failed to see her.
Mr Dully said O’Leary accepted he was going too fast for the conditions, but there was no suggestion that he was speeding.
Mr Dully said O’Leary had been driving for 30 years, has never had any penalty points and would consider himself a “pretty careful driver”.
Judge Binchy said the accident was very frightening for the girl, but she accepted the driving was careless, not dangerous.