herald

Tuesday 21 August 2018

Detective loses claim for €60k damages after falling off bike

Declan O’Carolan had been on a racing bike with his son. Photo: Collins
Declan O’Carolan had been on a racing bike with his son. Photo: Collins

A judge has thrown out a €60,000 damages claim by a detective garda, saying he had failed to prove that he and his five-year-old son had been knocked off a racer bike by a motorist in Skerries, Co Dublin.

Detective Garda Declan O'Carolan (38), of The Drive, Kelly's Bay, Skerries, had been riding a racing bicycle with his son, also Declan, on the crossbar.

He alleged they were knocked down by motorist Ciara McLoughlin when her car hit the rear wheel.

Barrister Eamon Marray, counsel for Ms McLoughlin, of The Park, Skerries Rock, told the court she denied having hit Mr O'Carolan's bike.

Ms McLoughlin said she was at least five car lengths behind the bike when its rider fell.

Ambulance

She had stopped to help and it was then that she saw his son lying injured.

She had immediately called an ambulance at the request of Mr O'Carolan.

He had come back to her and said: "You did it."

Judge Martina Baxter, dismissing Mr O'Carolan's claim and awarding costs against him, said he had been cycling a light racing bike with his son on the cross-bar.

The boy was not wearing a safety helmet and there was no safety seat on the bicycle for the boy to sit on.

Expressing concern for the lack of attention to these basic safety considerations, Judge Baxter said the accident was understandably a very traumatic event for them.

Judge Baxter told Mr Marray that Ms McLoughlin had been very clear in her evidence that her motor car never came in contact with the bicycle and that she had been driving at a safe distance from it.

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