Case Study: Pedestrian Injured in Collision with Electric Bike

On the evening of August 4th, 2024, Mr. Leonard was jogging in Swords, Dublin, between the Swords Express (Holywell Close) bus stop and the roundabout at the top of the M1 slipway. He was wearing a high-visibility vest and a light on his hat for safety. During his run, he was struck by an electric bike allegedly being ridden at high speed on the pedestrian footpath by Mr. Stephen Dunne of Russell’s Terrace, Kettles Lanes, Drynam Hall, Swords.

The collision resulted in serious injuries to Mr. Leonard, including multiple fractures to his left leg. One of the fractures caused a bone to protrude through his skin, leading to his left foot being displaced by 180 degrees. He was transported by ambulance to Beaumont Hospital, where he underwent extensive surgery to repair his leg and preserve his foot.

Mr. Leonard claims that the specifications of the electric bike, including a 0.75-kilowatt brushless motor and a maximum speed of 20-25 km/h, classify it as a mechanically propelled vehicle (MPV) under Irish law. Section 3.1 of the Road Traffic Act 1961 defines an MPV as any vehicle intended or adapted for propulsion by mechanical means, including bicycles equipped with an auxiliary electric motor exceeding 0.25 kW.

The incident was witnessed by at least three individuals who assisted Mr. Leonard and took a photograph of the electric bike. Mr. Dunne remained at the scene, and a Garda officer attended to take details of the incident. However, Mr. Leonard alleges there was a significant delay in progressing the matter within the Garda Pulse system, which he believes resulted in an inadequate investigation.

Following dissatisfaction with the handling of the case, Mr. Leonard lodged a complaint with the Garda Síochána Ombudsman Commission. He later learned that Gardaí would not be pursuing a prosecution. When he sought a review from the Director of Public Prosecutions (DPP), he was informed that no file had been submitted in relation to the incident.

Faced with the expiration of the time limit for lodging a complaint by February 3rd, 2025, Mr. Leonard took independent legal action. He personally applied to the District Court, requesting the issuance of a summons for criminal conduct under Section 53 of the Road Traffic Act 1961. This section makes it an offence to operate a vehicle in a manner that is or could reasonably be expected to be dangerous to the public.

The case was initially heard before the Dublin District Court, where Judge Anthony Halpin adjourned the matter to allow the defendant, Mr. Dunne, to seek legal representation. The proceedings are ongoing.

This case raises important legal questions regarding the classification of electric bikes under Irish road traffic laws and the responsibilities of law enforcement in investigating such incidents. It highlights the legal avenues available to individuals who feel their case has not been adequately pursued by the authorities.

For further legal insights on road traffic law and personal injury claims, contact our expert legal team.