A 48-year-old man has been fined €700 for careless driving after a court heard he pulled out in front of an e-scooter rider, who lost control and went over the handlebars.
Edward Colclough, of Pearse Street, Dublin 2, had pleaded not guilty at Dún Laoghaire District Court to careless driving at Saint Patricks Villas, Ringsend, Dublin 4 on March 19, 2024.
The court heard that shortly after 7.15am, the injured party was travelling to work on an e-scooter along a main road when Colclough drove out from St Patrick’s Villas and began to turn right.
Giving evidence, the injured party said he was travelling at an average speed and had the right of way.
The court heard that the e-scooter rider saw the car emerging suddenly and attempted to avoid it, causing him to lose control and go over the handlebars, landing on the road.
CCTV footage of the incident was played several times in court. It showed a red car driving out from St Patrick’s Villas, failing to stop at a stop sign before turning right onto the main road. The footage did not show any collision between the car and the scooter.
The prosecution submitted that there were no visible defects in the roadway on the CCTV footage and argued the defendant’s failure to stop caused the injured party to react suddenly, resulting in him going over the handlebars.
Colclough told the court that he did not see the scooter as he emerged and said it was only when the rider came off the scooter that he became aware of him.
It was argued on his behalf that the scooter rider had been travelling too fast, struck a pothole and was flung forward. It was submitted that the driving, while not exemplary, did not meet the threshold for careless driving.
Judge Watkin rejected that argument and said the defendant shouldn’t have passed the stop sign unless he was sure the road was clear. She said that drivers must creep out slowly from such junctions.
“Either way, he caused it”, the judge said, adding that whether or not a pothole was involved, the defendant’s actions caused the scooter rider to brake or deviate suddenly.
Judge Watkin found the careless driving charge proven but said the incident amounted to an error of judgment and that there was no basis for disqualification.
Colclough has no previous road traffic convictions, though the court heard he has five previous convictions for other matters and had contested the case, receiving no benefit of a guilty plea.
Judge Watkin fined him €700, with six months to pay.