A truck driver who “squashed” a cyclist between his vehicle and another car leaving the woman in a critical condition has been given a suspended sentence.
Gardaí accepted that Peter Burns (50) caused the incident by not adequately checking his mirrors before he moved on after a traffic light turned green.
The court heard the cyclist’s backpack got caught in the wheels of the truck which spun her around so that her legs got trapped under the wheels rather than her head.
She was immediately taken to hospital where her condition was initially taken to be critical. She sustained multiple fractures and crush type injuries, has since undergone at least six surgeries and her rehabilitation is ongoing.
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Burns, of Glenshane Crescent, Tallaght, Dublin 24, pleaded guilty at Dublin Circuit Criminal Court to careless driving causing serious injury on July 23rd, 2020. The incident happened by Heuston station.
Judge Martin Nolan said CCTV footage clearly demonstrated the cyclist was there and Burns did not see her due to his inattention. He said this led to the bike being “squashed between another vehicle and Burns' vehicle”.
“He drove without regard for her and she was nearly killed,” Judge Nolan said, noting the woman sustained serious injuries and many fractures that took a long time to recover.
“He didn’t notice her. It is his responsibility to be aware of all other road users but he had not paid the appropriate attention and should have given the cyclist a wider berth,” said the judge.
He said Burns was driving a big truck that was “capable of doing a lot of harm”. The judge acknowledged Burns had no relevant record of conviction.
Burns did not deserve to go to prison, he said before imposing an eight-month suspended sentence.
He acknowledged Burns drives for a living and has a dependent family, so he felt that there was no need to disqualify him from driving.
“I think he will learn from this experience,” said the judge.
Sgt Derek Dalton told barrister Kiernan Kelly, prosecuting, that the cyclist was on her way to work when the incident occurred. He said she was pulled under the wheel of the truck and explained that her backpack caused her body to be spun around so her lower body rather than her head and upper body went under the wheels and were crushed.
A victim impact statement was handed into the court but not read out.
Sgt Dalton said the cyclist spent weeks in hospital and has since undergone at least six surgeries. She suffered nerve and muscle damage and continues to attend physiotherapy.
Sgt Dalton agreed with barrister Keith Spencer, defending, that his client caused the incident by failing to observe the cyclist due to a momentary lapse in concentration.
Mr Spencer told the judge that his client had not checked his mirrors properly and was concentrating on another vehicle moving on when the traffic light went green.
