Retired coach driver awarded over €65k after being struck by Bus Éireann bus in Cork

The 70-year-old suffered injuries when he was hit by the bus while crossing the road with the pedestrian lights in his favour

The High Court heard that Bus Éireann accepted liability in the case, and the court hearing was solely for the assessment of damages. File picture: Larry Cummins

A retired tour bus driver from Cork has been awarded over €65,000 in damages after being struck by a Bus Éireann bus while crossing at traffic lights in Cork city centre three years ago.

Patrick O’Riordan, aged 70, a single man from Cork City, suffered his injuries when he was hit by the bus at the junction of MacCurtain St and Bridge St on December 28, 2023, while he was crossing the road with the pedestrian lights in his favour.

The High Court heard that Bus Éireann accepted liability in the case, and the court hearing was solely for the assessment of damages.

However, Mr Justice Paul Coffey ruled that much of the plaintiff’s frailty was not caused by the accident but due to pre-existing degeneration and general physical decline, as well as the fact that he was “a frail man recovering from a serious fall” at the time.

The judge pointed out there was also no contemporaneous medical evidence from the collision as Mr O’Riordan did not attend a GP or hospital after the collision and only sought treatment for the first time two and a half months later.

CCTV footage showed that the plaintiff was more than halfway across the road when the collision occurred.

It was not clear what part of Mr O’Riordan’s body was struck by the vehicle, but the impact propelled him across the road, causing him to hit his head, right shoulder, and right hip on the kerb.

Although the bus was only travelling at 8km/h, Mr Justice Coffey accepted the victim was struck by a vehicle that weighed approximately 12 tonnes unladen.

Mr O’Riordan, who was driven home by a friend after the incident, gave evidence that he felt shocked and unwell after the collision and vomited after returning home.

A cancer survivor, he claimed damages principally for an injury to his right shoulder, but also for soft tissue injuries to his neck, lower back, right hip and right forearm and for headaches. 

The court heard he was independently mobile and active before the accident but can no longer undertake many ordinary household activities such as cooking, showering, and making his bed, while he is increasingly confined to living in the downstairs of his house.

His GP provided evidence that he had never complained of pain and headaches before the incident.

The court noted that he had suffered a significant fall at home a month before the collision, where he had lain on the ground for approximately 18 hours after which he was admitted to Cork University Hospital before being discharged 10 days later.

Medical witnesses regarded the incident as significant, as the prolonged period on the ground had caused rhabdomyolysis, where damaged muscle enters the bloodstream with potentially life-threatening consequences.

Mr Justice Coffey observed that the incident was evidence of Mr O’Riordan’s pre-existing frailty before the incident with the bus.

At the same time, Mr Justice Coffey said Mr O’Riordan’s physical condition and level of independence were substantially worse after the accident and he fixed the amount of damages at €65,400.