A cyclist who suffered a traumatic brain injury when he was thrown eight feet in the air after he was hit by a van has settled his High Court action for €3million.
Alexandru Martin Doroscan was cycling at a junction in Blanchardstown when he was knocked down by a van, the High Court heard.
Mr Doroscan, a 33-year old waiter suffered a traumatic brain injury, other injuries and had amnesia for four months after the accident and only knew he was in an accident because he had been told what happened.
Mr Doroscan, Manor Square, Ongar, Dublin had through his wife Madeline Martin Doroscan sued the driver of the van Dylan Meade, An Cosan, Lisbrack Road, Longford, Co Longford and the owner of the vehicle Sabrina McDonagh also of An Cosan, Lisbrack Road, Longford and the Motor Insurers' Bureau of Ireland over the accident at a junction of the Ongar Distributor Road and Shelerin Road, Blanchardstown, Dublin on August 2, 2013.
Mr Justice Kevin Cross was told Dylan Meade was uninsured and unlicensed at the time of the accident. It was claimed there was a failure to anticipate the accident and the vehicle was driven at a speed exceeding that which would have enabled it to be brought to a halt in a safe manner.
It was further claimed there was an alleged failure to apply the brakes either adequately or at all and a failure to keep any or any adequate lookout.
In November 2015, Dylan Meade was jailed for one year after he pleaded guilty before Dublin Circuit Criminal Court to dangerous driving causing serious harm, failing to stop after an accident, driving without a licence and driving without insurance at the Ongar Distribution Road, Blanchardstown, Dublin on August 2 2013.
Judge Catherine Murphy imposed a three and a half year sentence with the final two and a half years suspended on strict conditions.
At that hearing the court heard from a garda that one witness to the accident said the cyclist was thrown eight to ten feet in the air.
A forensic collision analysis said the cyclist was hit at 57kmph.
Prosecution counsel also read a statement from Mr Doroscan in which he said he would be be dead were it not for God and the doctors, but that his life and future had been destroyed. In the High Court today, Mr Dorscan's counsel Michael Byrne SC told the judge liability in the case was conceded.
The settlement also took into account the fact that Mr Doroscan was not wearing a cycle helmet.
Counsel said while a helmet was not legally required it had to be taken in to account in the assessment of the case and would account for about 20pc contributory negligence on the part of Mr Doroscan.
Counsel said Mr Doroscan was taken to hospital and later transferred to the Beaumont Hospital where he underwent a decompressive craniotomy and spent a long time in intensive care.
Counsel said in August 2014 Mr Doroscan was transferred to the National Rehabiliation Hospital and was diagnosed as suffering from a traumatic brain injury.
Mercifully, Counsel said Mr Doroscan has since done exceptionally well with the support of his wife and extended family. "It has been a very difficult time for the family.
Mr Doroscan has significant deficits," Counsel added. Approving the settlement Mr Justice Cross said it was a dreadful accident and he wished Mr Doroscan and his family well for the future.