Truck driver who knocked over a cyclist leaving her in a critical condition gets a suspended term

By Sonya McLean

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.

It was accepted by gardaí that Peter Burns (50) caused the accident by not adequately checking his mirrors before he moved on after a traffic light turned green.

The court heard that 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.

Burns of Glenshane Crescent, Tallaght, Dublin 24, pleaded guilty at Dublin Circuit Criminal Court to careless driving causing serious injury on July 23, 2020.

The incident happened just by Heuston Station in Dublin City Centre.

Judge Martin Nolan said CCTV footage, which had been shown in court, clearly demonstrated that the cyclist and the bike was there and Burns did not see her due to his own 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 that the woman sustained serious injuries and many fractures which took her a long time to recover from.

“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,” the judge continued adding that Burns was driving a big truck that was “capable of doing a lot of harm”.

Judge Nolan acknowledged that Burns had no relevant record of conviction and there were no other aggravating factors involved other than that he had not paid appropriate attention to his mirrors.

He said Burns did not deserve to go to prison before he imposed an eight month sentence which he suspended in full.

He acknowledged that Burns drives for a living and has a dependant family and as such he felt that there was no need to disqualify him from driving.

“I think he will learn from this experience,” Judge Nolan said.

Sergeant Derek Dalton told Kiernan Kelly BL prosecuting that the cyclist was on her way to work and around Heuston Station when the accident happened.

He said the cyclist 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 and 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 Keith Spencer BL, defending, that his client caused the accident by failing to observe the cyclist due to a momentary lapse in concentration.

Mr Spencer told Judge Nolan that his client had not checked his mirrors properly and was concentrating on another vehicle moving on when the traffic light went green.

He acknowledged that Burns had not looked in all his mirrors.