Enniskillen courthouse
A 37-year-old man who knocked down a cyclist as he crossed a junction in Irvinestown claimed he was “adamant” he had a right of way, Fermanagh court has heard.
Clive Lindsay, of Beech Gove Park, Beragh, Ballinamallard, was banned from driving after he convicted of driving without due care and attention.
Enniskillen Magistrates Court was told that Lindsay had two previous convictions for careless driving and was therefore banned for concerns over his standard of driving.
The defendant was turning right at the junction of Main Street and Pound Street when he hit the cyclist after he thought he had right of way.
A prosecutor explained that on August 13, this year, police were called to a road traffic collision on Main Street in Irvinestown.
At around 7.15pm, officers arrived at the scene where paramedics were attending to a man who was sitting on a traffic island.
Officers spoke to the defendant, who was the driver of a van which had collided with a cyclist.
He was cautioned for careless driving.
He told the officers that he thought the cyclist was on the footpath as he approached him and was “adamant” he had the right of way.
A statement from the injured cyclist explained that he had been out cycling with a friend and when they got to the junction they could see that the vehicle was stationary and appeared as if it was turning right.
The cyclist moved forward to make himself more visible and it was then that the van pulled across the road.
The cyclist tried to turn left to avoid a collision but hit the vehicle at the passenger side and landed on the road.
He tried to get up but then the paramedics arrived. He was treated for cuts to his eyebrow, eyelid and temple area as well as extensive bruising to the shoulder and injuries to his knee and his fingers.
A defence solicitor explained that her client – the van driver – had been on his way to a local shop to get diesel.
“He stopped at the junction and was waiting to make a right turn,” she explained.
“He says he could see the two cyclists in his line of view but thought they were on the pavement.
“He accepts he was mistaken, he fully cooperated with police and called an ambulance.”
The court heard that Lindsay works for Kerry Foods and his solicitor highlighted the importance of his licence for his job.
District Judge Nigel Broderick told Lindsay that he was concerned about the quality and standard of his driving because of his two previous careless driving offences.
“I want to reinforce the serious nature of what happened and prevent further offences,” he said.
The defendant was disqualified until he resits his driving test.
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