Louth cyclist broke left leg after being struck by taxi on roundabout

By Francis Carroll, The Drogheda Independent

A taxi driver who collided with a cyclist on his way to pick up a fare has been fined €1,000 at the circuit court for careless driving causing serious bodily harm.

Bernard Hutchinson (68), Ashling Park, Cox’s Demesne, Dundalk, had initially denied the offence and a jury was empanelled for a trial. However, when rearraigned he pleaded guilty.

Evidence was given that the collision occurred at 10.49pm on November 18, 2021, at the roundabout near Applegreen on Dundalk’s Inner Relief Road.

The defendant effectively rear-ended a bicycle, buckling the back wheel. The cyclist, wearing dark clothing, was knocked to the ground, breaking his left leg and thumb.

Mr Hutchinson, who has no previous convictions, tested negative for intoxicants at the roadside. The investigating garda remarked that he was distraught and “extremely cooperative”.

CCTV of the incident from two angles was played to the court.

Judge Dara Hayes remarked that Mr Hutchinson, a father of three, didn’t make a sufficient last check before entering the roundabout.

What happened seemed to fall “at the lower end of carelessness”.

Gda Dave Buckley testified that when he arrived at the scene he saw the defendant’s car stationary on the roundabout. There was a bicycle several metres in front and an injured cyclist lying on the road.

This man had cuts on his body and was in severe leg pain. He was not wearing a helmet and in relatively dark clothing. He had an earphone in one ear.

Gda Buckley continued that he found a rear bike light on the road. A front light was not working. It was impossible to say when it wasn’t working.

In a voluntary cautionary statement Bernard Hutchinson said he saw no lights or reflectors on the bicycle. The cyclist was not wearing hi-vis clothing.

Gda Buckley said that the defendant’s view may have been obstructed by traffic signs.

He described Mr Hutchinson as an upstanding member of the community who had gone to the victim’s assistance.

The injured man required nailing of his left tibia. He was several days in hospital and off work for six months. He had difficulty lifting heavy objects.

Counsel for the accused said that he was married 44 years and driving without incident for 50 years.

He had three adult sons, two of whom were involved in Kickboxing and Taekwondo at international amateur level. He was instrumental in their careers and continued to drive them.

Mr Hutchinson, a part-time taxi driver, was insured. The injured man had been fully compensated and wished him no ill will.

A second glance to the right might have been appropriate. The cyclist was travelling at some reasonable speed which he was entitled to do. He suffered a significant leg injury.

It was submitted that this was very much at the lower level of culpability.

The court was asked to exercise its discretion not to impose a disqualification.

Judge Hayes said that Bernard Hutchinson’s view was significantly obstructed before approaching the yield line on the roundabout, but he didn’t make a sufficient last check.

His driving in the lead up was not hasty. It appeared relatively conservative.

That the cyclist was not wearing a helmet was of no relevance to the case.

He sustained a broken leg and a broken thumb.

An engineer’s report for the defence showed a loss of field of vision on the approach. That would ultimately have been mitigated by that last check.

Judge Hayes remarked that this appeared to fall at the lower end of carelessness.

A plea on a trial date did not have the same weight of value as an early plea but was always of value.

A €1,000 fine was imposed with six months to pay.

The judge said that a driving disqualification was not required.