Boy knocked off bike in 2020 settles High Court action for €4.2m

High Court Reporter

A boy who suffered a significant brain injury when he was knocked off his bicycle by a car on a country road during the Covid pandemic has settled a High Court action for €4.2 million.

The High Court heard that the driver was 28km from his home address when there was a 2km limit imposed by the government on the public at the time in 2020.

The boy’s counsel, Liam Reidy, instructed by Stephanie Power, a solicitor, told the court that the settlement is without an admission of liability. He said the accident happened in April 2020 in the south of the country when the “roads were almost silent at the time.”

The boy, who is now 16 years old, had, through his mother, sued the driver of the car involved in the accident on April 21st, 2020. By order of the court, nothing can be reported which would identify the boy.

In the proceedings, it was claimed there was an alleged failure to drive with due care and attention and an alleged failure to keep an adequate lookout.

It was further claimed there was an alleged failure to observe the bicycle on which the boy was travelling. It was also contended there was an alleged failure to stop, steer, swerve, drive, brake, or control the vehicle to as to avoid the collision.

All the claims were denied.

Reidy told the court that liability was at issue in the case.

Counsel said the young boy suffered a very significant brain injury and a back injury. He said the boy, who was 10 years old at the time, was playing with an older brother in the garden of their home which was adjacent to a road.

The boy’s brother, he said, was in a go-kart and went across the road. The young boy made to follow on a bicycle.

Counsel said the boy in the go-kart managed to get across the road, but a car driven by the defendant in the proceedings collided with the rear wheel of the bicycle.

Counsel told the court a garda investigation followed, but there was nothing in the garda report to prove negligence on the part of the driver.

An expert report in the case also indicated that the emergency may have been created by the child on the road and there was a low wall around the property where the children had exited onto the road.

His mother told the court her son was in a coma for three months after the accident and on life support at one stage for two and a half weeks. She said her whole life is now about looking after her son and her other children.

Approving the settlement, Judge Paul Coffey said it was a very tragic case. He noted that the litigation risk in the case was very grave indeed. The judge said the settlement was fair and reasonable.