The family of a 25-year-old cyclist who died in a collision with a road sweeper truck has settled a High Court action for €90,000.
Ryan McCarthy (25), from Grangebrook Avenue, Rathfarnham, Dublin, was cycling at Whitechurch Road, Rathfarnham, at 12.30pm on November 17th, 2017, when the fatal collision occurred.
Senior counsel for the McCarthy family, David Kennedy, instructed by Downes Solicitors, told the High Court it was their case that the road sweeper was doing a U-turn and Mr McCarthy was unfortunately not able to take evasive action.
An inquest into the death of Mr McCarthy, an experienced cyclist previously heard that the truck had finished its sweeping route and was making a right-hand turn off Whitechurch Road into the Whitecliff Estate entrance to make a U-turn when the accident happened.
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In a statement read to the High Court on Tuesday, Oxigen Environmental which owned the truck, offered its sincere sympathies to Mr McCarthy’s family following his untimely death.
Counsel said this expression of sympathy is of some consolation and assistance to Mr McCarthy’s family. He said that at the time of his death, the 25-year-old was hoping to become a special needs assistant.
Mr McCarthy’s mother, Stephanie McCarthy, of Grangebrook Avenue, Rathfarnham, had sued Oxigen Environmental Unlimited Company and Oxigen Environmental Ltd both with registered offices at Merrywell Industrial Estate, Ballymount Road Lower, Dublin, who were the owners of the road sweeping truck, and the driver, Darius Zemetis, also of the same address.
Ms McCarthy has sued on behalf of her family over the death of her son.
It was claimed there was a failure to respect the right of way of Mr McCarthy and an alleged failure to take any or any reasonable steps to use the vehicle mirrors and recheck blind spots.
It was further claimed there was a failure to keep any or any adequate lookout for cyclists and the truck had allegedly cut across the cycle route of Mr McCarthy.
All the claims were denied.
Noting the settlement, Mr Justice Paul Coffey conveyed his deepest sympathy to the McCarthy family for the unfortunate and tragic death of Mr McCarthy.
At an inquest into the death of Mr McCarthy, a witness described how the cyclist had attempted to swerve, but it was too late.
He was a keen cyclist from a competitive cycling family and was involved in mountain-bike, off-road and track events.
