According to the mother of a female cyclist, who was left bloodied and confused in shock on the side of the road, Gardai have chosen not prosecute or fine the taxi driver who crashed into her daughter because his car was not travelling at speed and that the collision was a “misjudgement”.
The taxi driver – who had a client in his car – stopped and gave his details to the cyclist, but continued on without phoning for medical or police help. The cyclist’s mother said that the woman was left bleeding with facial injuries and crying on the side of the road.
The woman, Patrica Delmonte, told RTE’s Liveline earlier today that her daughter was hit when she was cycling in a cycle lane on the Rock Road in Dublin. She said her daughter was without a phone and in a “terrified” in a state of shock fearing another car may hit her.
A passer-by stopped and called the gardai.
Delmonte told Liveline presenter Joe Duffy that the garda said the driver had ‘misjudged’ the overtake of the cyclist and this is not considered as dangerous driving.
“I was talking to the police man who was very kind and was being very helpful, but he said the taxi driver could not be fined for dangerous driving as he was not driving fast,” said Delmonte.
“I thought that was quite shocking that misjudging would not be considered dangerous driving even though this man was a professional driver,” the woman said.
She said it was a worry that the situation was not taken seriously.
The cycle lanes on the section of the Rock Road where the woman was hit – described as near Blackrock College – are within bus lanes. As with many bus lanes of this type around Dublin, the space inside the bus lane varies, but often it is not sufficient for overtaking without taxis or buses having to at least partly leave the bus lane.
Regular cycling commuters who use the Rock Road complain of frequent close passes by taxis.
The Dublin Cycle Campaign said on Facebook this evening that even if it was not dangerous driving, it could have been counted as dangerous overtaking which comes with 2 penalty points plus an €80 fine.
“What disappoints us is that the investigating Garda stated that it was due to a ‘misjudgement’ by a professional driver and he would be taking no action,” the campaign said.
MORE: Liveline podcast (part 1, December 11, 2013)
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