Case Study: March 2023
Cian O’Carroll solicitors recently secured a €3 million High Court settlement for a man who sustained a catastrophic brain injury in an e-bicycle accident on the North Quays in Dublin. This case is believed to be the first major e-bike accident claim to come before the Irish courts, and it established an important precedent by holding both the local authority and the design consultants accountable for the dangerous layout of a public cycle track.
The accident occurred on 8 January 2020 as our client was cycling along a designated cycle track on the North Quays. Just a short distance beyond the point of the collision, the cycle track terminated abruptly into a pedestrian plaza, before restarting some distance further on.
Our client’s case was that the design and construction of the cycle lane were inherently unsafe, and that a raised 70mm kerb at the track’s edge caused him to lose control of his e-bike before reaching the plaza area.
CCTV footage showed pedestrians gathered at the end of the track, with objects such as bags or briefcases on the ground creating further obstacles for cyclists. Immediately after the accident, Dublin City Council erected permanent barriers to prevent cyclists from leaving the track at that same location, an acknowledgment of the risk that had existed.
Soon after being instructed by the man’s family, we uncovered crucial evidence showing that Dublin City Council and its design consultants were aware of the danger prior to the accident.
Among the key documents was a safety audit conducted by Aecom, the engineering firm responsible for the cycle lane design. The audit noted that several cyclists had already collided with the same kerb.
We also obtained a report from a concerned member of the public sent just days after the incident, stating that he too had crashed at the same spot and was “the fourth person to crash in the same location in an hour.”
Dublin City Council had designated the adjoining plaza as a shared public space, home to a coffee dock, bus stop, public benches, and a large compactor bin—creating a natural congregation point for pedestrians. It was therefore foreseeable that cyclists would deviate from the track and encounter the raised kerb, leading to serious risk of injury.
Our client sustained devastating injuries, including a brain injury arising from a right acute subdural haematoma (ASDH) with extensive bilateral contusions. He underwent an emergency decompressive craniectomy and subsequent cranioplasty at Beaumont Hospital. His recovery was prolonged and complex, involving treatment for recurrent aspiration pneumonia and “sunken flap syndrome.”
He was later transferred to the National Rehabilitation Hospital, where he remained for several months. On admission, he presented with severe global cognitive and communication impairments. Following discharge, he required full-time care and remains unable to live independently.
After two failed mediations, the case proceeded to trial in the High Court. During the course of the hearing, the defendants agreed to a €3 million settlement in compensation for the catastrophic injuries sustained.
This was a landmark case; believed to be the first in Ireland to involve an e-bike accident and one of the first to successfully establish liability against both a local authority and the design consultants of a public cycleway.
The settlement provides vital financial security for our client and his family, ensuring access to lifelong medical treatment, care supports, and accommodation adapted to his needs.