Bloomsday Cyclists hit the street of Dublin.
As part of Bikeweek 2010 this Friday the 18th of June, the Irish Youth Foundation, in association with Cyclone Couriers, will be hosting the annual charity Bloomsday Messenger Bike Rally and Lunch, which celebrates James Joyce’s Ulysses and Dublin.
On Friday, over 70 messenger bikers will gather at the Wolfe Tone statue on St Stephen’s Green before making their way to the Mansion House, where they will be joined in a rousing rendition of Molly Malone by the Lord Mayor of Dublin.
The cyclists, who will be dressed in their finest Edwardian attire, will then embark on a journey through the streets of Dublin, making three pit-stops along the way for well-deserved refreshments.
Over 200 colourful guests are then expected to welcome the rally at the historic Shelbourne Hotel, where a fun-filled lunch and a charity auction will follow.
Senator David Norris will round off the celebrations by reading an extract from James Joyce’s Ulysses.
Proceeds of the charity event go to the IYF.
The Bloomsday Messenger Bike Rally and Lunch has, over the past 17 years, raised more than €600,000 for community and voluntary groups throughout the country, who work to create positive differences in the lives of children and young people facing adversity.
When: Friday, 18th June 2010
Time: 9:00am
Location: Wolfe Tone Statue, St Stephen’s Green
We recommend you keep an eve out for cyclists around the city and cheer them on
www.Bikelaw.ie
€76k awarded to bus driver after suspension failure causes serious injury
A DUBLIN Bus driver injured when the pneumatic suspension on his vehicle failed as he drove over a speed ramp has been awarded nearly €76,000 in High Court damages.
The driver was represented by Dublin personal injury law firm Paul W Tracey Solicitors
The firm had sued the employer and a local authority on behalf of the injured driver (Dublin Bus & South Dublin Co Co) over the incident on the Tallaght to Bohernabreena Road on September 27, 2005, when the driver suffered injuries to his neck and lower back.
The driver had driven the 201 bus over three ramps on the road when, as he went over a fourth ramp, the suspension malfunctioned and caused a loss of “cushion effect” to the bus.
Mr. Justice Éamon de Valera sitting in the High Court awarded €75,911 damages against Dublin Bus. The judge said that the driver was entitled to succeed in his claim against the bus company but not against the council which had, he said, built the ramps in accordance with best practice.
The judgment went on to say that Dublin Bus had a statutory duty to ensure necessary measures are taken so that the equipment used is suitable, or properly adapted, for its purpose so that it can be used by employees without risk to their safety and health.
Where there is a risk or rupture or disintegration of equipment likely to pose a danger to health and safety, then appropriate protection measures shall be taken, the judge added.
Paul W Tracey Solicitors June 2010
Bikeweek Hits the Streets from the 13th of June
Bike Week 2010 is a cross-community effort to highlight cycling as a fun, cost effective and healthy way to travel.
Promoters include cyclist.ie (Ireland’s National Cyclist Lobby Group), the Dublin Cycling Campaign, representatives from the various strands of the cycle industry, An Taisce, local authorities, the health sector, Cycling Ireland, private individuals, the Office of Public Works, the National Transport Authority, the Road Safety Authority, the Department For Regional Development Northern Ireland and the Department of Transport.
A number of the events during Bike Week 2010 are being kindly supported by a wide range of sponsors including the Embassy of Denmark, An Post and All4one Bikes4work.
Checkout more at www.bikeweek.ie
Music & the Law Legal Illegal & Divorce!!
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents, Uncategorized
Following our recent newsletter I was told of a great song performed by Francis Black called ‘Legal Illegal’ Legal written by Ewan McColl
See what you think
Every time you pick up a newspaper,
Every time you switch on the T.V.,
You can bet your old boots that at some point you’ll see,
A high ranking Garda or else a T.P.
Calling on all who are meant to be free,
To stand up and defend law and order.
It’s illegal to rip off a payroll,
It’s illegal to hold up a train,
But it’s legal to rip off a million or two,
That comes from the labour that other folk do,
To plunder the many on behalf of the few,
Is a thing that is perfectly legal.
It’s illegal to kill off your landlord
Or to trespass upon his estate
But to charge a high rent for a slum is O.K.
To condemn two adults and three children to stay
In a hovel that’s rotten with damp and decay
It’s a thing that is perfectly legal.
If your job turns you into a zombie
Then it’s legal to feel some despair
But don’t get aggressive and don’t get too smart
For Christ’s sake don’t upset the old applecart
Remember you boss has your interest at heart
And it grieves him to see you unhappy.
If you fashion a bomb in your kitchen,
You’re guilty of breaking the law,
But a bloody great nuclear plant is O.K.,
And plutonium processing hastens the day,
This tight little isle will be blasted away,
Nonetheless it is perfectly legal.
It’s illegal if you are a traveller,
To camp by the side of the road,
But it’s proper and right for the rich and the great,
To live in a mansion or own an estate,
That was got from the people by pillage and rape,
That is what they call a tradition.
It’s illegal to kill off your missus,
Or put poison in your old man’s tea,
But poison the river’s the seas or the skies,
And poison the minds of a nation with lies,
It’s all in the interest of free enterprise,
Nonetheless it’s perfectly legal.
Well it’s legal to sing on the telly,
But make bloody sure that you don’t,
To sing about racists and fascists and creeps,
And those in high places who live off the weak,
And hose who are selling us right up the creek,
The twisters, the takers, the conmen, the fakers,
The whole bloody gang of exploiters.
Check out the song at http://www.youtube.com/watch?v=AkHwkRfsqBQ
Another blogger preferred ‘Divorce’ performed by Dolly Parton
http://www.youtube.com/watch?v=54uYQVaeAcM
Keep sending your favourites & we’ll compile a top ten!
Paul Tracey Solicitors 18/03/2010
Injuries Board Authorisations- what do I do next?
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents
In recent months we at Paul W Tracey Solicitors have found that we are receiving an increasing amount of queries from clients who have received authorisations from the injuries board for matters relating to accidents at work, road traffic accidents and other personal injury cases and are unsure as to what the next step in the process is.
What does the Authorisation mean?
If you have processed an injuries board application, the injuries board may issue an authorisation in 3 sets of circumstances;
1) The Respondent has declined to have the claim assessed; in these circumstances the respondent named on the injuries board authorisation has declined to permit to allow the injuries board assess your case.
2) The injuries board have reviewed your application and have deemed that due to the nature of your injuries the injuries board will not be able to assess your case within the time frame permitted under law.
3) An assessment may have been made by the injuries board but either you or the Respondent has declined the assessment, this could arise in circumstances where you are of the view that the amount of the assessment is in inadequate or the respondent is of the view that the amount of the assessment is excessive.
What Should I do?
Instructing a solicitor with expertise in this area like ourselves is the first step to secure your position
We can offer advice to you in regard to issuing Court Proceedings.
We always liaise with Senior and junior counsel when assessing such matters and we have over 20 successful years in specialising in personal injury litigation much to our very satisfied client base.
Please be aware that certain time frames exist under Irish law in order to permit you to commence court proceedings, it is therefore important that you contact our office in order to get initial advice in regard to these timeframes in order to avoid your case becoming statute barred under law.
What is the Cost?
Our initial advises are on a no obligation basis.
Contact us at law@traceysolicitors.ie or by phoning 00 1 8475656
Uninsured drivers in Ireland on the rise?
THE NUMBER of uninsured drivers causing road accidents has increased by approximately 10 per cent in 2009 according to the chief executive of the Motor Insurers’ Bureau of Ireland. (MIBI)
One suspects that this significant rise in the number of claims against uninsured drivers being processed by the MIBI is due to the economic downturn.
“It appears that the recession may have had an impact on the number of uninsured drivers on the road. It is a very worrying trend and an extremely serious issue. Driving uninsured is a criminal offence’’ commented a spokesperson for the MIBI
The MIBI is responsible for compensating victims of accidents caused by uninsured and unidentified vehicles. It also compensates victims or untraced motorists who cause accidents or who leave the scene of accidents.
Recent figures show that in 2008 the MIBI settled over 2,000 claims with uninsured drivers who were involved in accidents, most of which involved bodily injury.
Mr. Casey the chief executive of the Bureau estimated that the figure for 2009 will be approximately 10 per cent higher than in 2008.
Although the cost of motor insurance has been declining in recent years this problem has not gone away! “In real terms the cost of motor insurance is the same as 10 years ago. Premiums have been coming down and there is a lot more competition in the market place. Price is simply is not an excuse.”
He also rejected the claim that a lack of concern among drivers about Garda surveillance has led to an increase in the number of motorists driving without insurance. “There has been an increase in the traffic corps in recent years, and there are more and more roadside checks,” he said.
If you have had an accident caused by an uninsured driver or where a driver has left the scene or failed to stop at the scene it is important that you act promptly and comply with the requirements of the MIBI.
We at Paul Tracey Solicitors have extensive experience in this are of injury work and will be happy to assist you with any questions you have on this topic.
Tips if involved in an accident
-Call the Garda at the scene
-Take the names & addresses of any witnesses
-Seek medical assistance promptly if required
-Take prompt legal advice to ensure your rights are protected
Paul Tracey Solicitor 08/03/2010
(Paul Tracey is a lawyer based in Dublin specializing in personal injury litigation in particular road traffic cases where insurance issues arise.)
Cyclists in Dublin facts & figures on accidents
An eye opening report prepared by Dublin City Council from Garda statistics last year on cycling accidents throws up some revealing statistics on accidents involving cyclists.
There were approximately 427 collisions involving cyclists reported to the Garda in Dublin city over the period (2002 to 2006), 11 of which involved fatalities.
11 Fatalities
8 of these deaths were of cyclists killed by left-turning Lorries.
1 involved a vehicle hitting a cyclist when changing lanes
1 a vehicle rear-ended the cyclist
1 was caused by a stolen vehicle driving head on into a cyclist.
Cars involved in 70% of cyclist accidents
- Almost 70 per cent off all cycle collisions involved cars.
- Left-turning vehicles were involved the majority of fatalities,
- The most common collision involved right-turning cars. These accounted for just fewer than 20 per cent of incidents.
- The next most common type is classified as “side swipes”, accounting for 15 per cent of collisions. These occur where a vehicle overtaking a cyclist or changing lanes hits the bicycle.
- Door opening accidents accounted for about 14 per cent of incidents
- Left-turning vehicles hitting cyclists accounted for just over 12 per cent.
Crashes where the fault is more likely to be attributable to the cyclist accounted for a much smaller proportion of incidents. In just over 4 per cent a cyclist hit a pedestrian, while in fewer than 3 per cent of collisions a cyclist turned right into on-coming traffic.
The more serious a crash, the more likely it was to involve a vehicle turning left, according to the report.
While 73 per cent of fatalities were at a left turn (all involving HGVs) almost one-third resulting in serious injury to the cyclist involved a left-turning vehicle.
November the most dangerous month to cycle in Dublin?
The report also found that November was the worst month for collisions
Cyclists between the ages of 20 and 29 were the most likely to be involved in incidents
The traffic department is to put recommendations to city councilors tomorrow. Chief among these is a recommendation that Cyclops mirrors be fitted to HGVs so they can better see cyclists on their left. The report found that in the majority of left-turning collisions the HGV driver did not see the cyclist.
It also recommends that all cycle lanes be inspected annually.
Several collisions occurred when cyclists were forced to move out of the lane to avoid potholes or sunken gullies.
Top four types of cycle accidents
- Drivers turning right in front of an oncoming bicycle.
- Drivers hitting a bicycle when overtaking or changing lanes.
- Car doors being opened in front of cyclists.
- Drivers hitting cyclists when turning left.
Recommendations
- Segregation of bicycles and HGVs where possible.
- Awareness campaign on the danger of left-turning HGVs.
- Upgrade of cycle lanes to remove potholes, sunken gullies and poor surfaces.
- Enforcement of legislation regarding the use of bicycle lights.
- Encourage more cycling to produce a “safety in numbers” effect.
- Provide additional cycling infrastructure on a “most used routes” priority basis.
- “Cyclops” mirrors made compulsory on all HGVs.
Warning issued to prevent accidents in Freezing Weather conditions
The Health & Safety Authority has issued recommendations to employers & workers in light of the recent cold snap.
The advise is timely and is of benefit to employers and employees alike in reducing accidents in the workplace.
‘Freezing temperatures renders construction work even more hazardous than normal. When the body is unable to warm itself, cold related stress may result. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air and contact with cold water or surfaces. A cold environment forces the body to work harder to maintain its temperature. Cold air, water, and snow all draw heat from the body. Wind chill is the combination of air temperature and wind speed.
Risk Assessments need to be reviewed as extreme low temperatures greatly change and usually increase the risks associated with most external construction work. The following areas of work are particularly adversely affected by extreme cold conditions:
- Work at Height – work at height platforms, roofwork, etc. will all become more hazardous if ice or snow are on them. The risks of falls from heights are increased as the risk of slips, etc. is greatly increased. This type of work should only be undertaken if absolutely necessary and sufficient additional controls are put in place. For example – full check of all platforms and fall/edge protection, de-icing of work platforms, etc.
- Slips, Trips & Falls –the risk of these are greatly increased due to icy conditions. Walkways should be cleared of ice and snow with regular gritting/ salting. Ensure hoses, etc. aren’t left running in areas as the excess water will freeze and cause a further slip hazard.
- Construction plant operation –
- caution must be exercised when accessing or egressing from construction plant as access steps and hand hold surfaces may be covered in ice.
- wheel grip could be compromised and control of vehicles could be lost
- Welfare Facilities – arrangements must be in place to provide adequate welfare facilities, especially an area where workers can go to warm up, change/dry clothes and get hot beverages.
The following should be noted when risk assessing and planning for construction work in extreme cold temperatures.
Cold Temperature Exposures, Injuries, and Controls on the Jobsite
1. Wearing the proper clothes / PPE may be the most significant precaution to reducing cold stress. Wearing appropriate clothes for cold weather usually involves using three or more layers of clothing. Also use layering to protect the head, hands and feet.
2. Drink plenty of fluids, preferably warm, sweet beverages. Thirst is suppressed in a cold environment and dehydration may occur when fluid intake is reduced.
3. Increase caloric intake when working in cold environments. Workers in cold environments who wear heavy, protective clothing expend more heat and so require 10-15 percent more calories.
4. If required, a work warm-up schedule should be used to provide periodic times for warm-up breaks. Additional breaks should be provided as the wind velocity increases and/or the temperature drops.
5. Avoid the cold if you are becoming exhausted or immobilised. These conditions can accelerate the effects of cold weather.
6. Engineering controls can be effective such as using heaters in areas, where practical, shielding work areas from winds and drafts, using insulating material on equipment handles, especially metal handles, etc.
7. Select the warmest hours of the day, where possible, when braving the cold. Minimise activities that reduce circulation.
8. Educate employees on symptoms of cold-related stresses: heavy shivering, uncomfortable coldness, severe fatigue, drowsiness and/or euphoria.
9. Use the buddy system.Work in pairs when working in extreme weather conditions so partners can monitor one another and obtain help quickly in an emergency.’
It is clear that extra vigilance is required when the weather such as recently experienced comes to bother us!
Paul Tracey
20/01/2010
Accidents caused by uninsured drivers cost €500,000
The recent publication of Stubbs Gazette shows that the Motor Insurer’s Bureau Of Ireland (the MIBI) obtained judgments against uninsured drivers of over €500,000 in recent weeks.
The MIBI is responsible for compensating victims of road traffic accidents caused by uninsured or unidentified drivers.
This applies to untraced cars which leave the scene of an accident or unknowingly cause injuries to a member of the public.
When these cases are settled by the MIBI,it pursues the uninsured drivers who have caused the injuries to recover the money paid to the victims of such accidents.
The scheme ensures that innocent victims of car accidents ,be they passangers, pedestrians or other motorists are not at a loss for the absensce of insurance on the vehicle which has caused their injuries. In effect the MIBI appoint an insurance company to act in the place of the ‘absent insurer’ so that the injured person is not be at a loss.
The amount of the judgments shows the significant number of cases where the MIBI have a role to play where drivers choose not to insure their cars and unfortunate accidents occur.
If you have queries on the workings of the MIBI or related queries , feel free to e mail our offices
Paul Tracey
11/01/2010
Accidents increase with Snow & Ice!
Accidents increase with Snow & Ice!
Since the cold spell arrived this Christmas both insurers and hospitals have experienced a significant increase in accidents.
Motorists have had to struggle with icy weather and many collisions have occurred as a result of the big freeze.
The weather placed increased responsibility on motorists to drive with care and make special provision for braking distances in these conditions. Drivers who fail to do so could find themselves and in turn their insurance provider facing claims from injured passenger, pedestrians or motorists.
Indeed the AA have repeatedly warned that braking distances can be up to 10 times longer than normal in these weather conditions.
Motorists should be aware that difficult weather conditions will not excuse them if their car is in collision with another!
Hospitals have reported an increase in patients attending their accident and emergency departments with injuries.
There are reports of increases in fractures as a result of the weather conditions.
Questions have been asked as to the responsibility for such injuries, in the case of pedestrians it would be impossible to expect every footpath to be cleared of ice and snow. Nor would it be appropriate to presume that Local authorities should be immediately at hand to remove or ‘grit’ all snow falls!
Householders should take care that no leaking pipes exacerbate the problems and create slipping hazards and report leaks promptly to local authorities
Employers also have to consider the safety of their workers where for example they are required to work outdoors in such adverse conditions, indeed the usual duty to carry out risk assessments apply.
In the meantime it looks like the freeze is coming to an end andhopefull the snow won’t be with us too much longer!
10/01/2010
