A driver who pulled out in front of a motorcyclist, causing the rider to tumble over the bonnet of his car, succeeded in challenging a charge of careless driving.

Solicitor Flor Murphy appeared on behalf of Garreth Kelly of Misty Meadows, Cow Park, Kilcornan in Limerick, at a recent sitting of Bantry District Court.

Motorcyclist Dominic Griffin told Judge Joanne Carroll that he had the right-of-way at the yellow box junction in front of the Gaelscoil in Bantry, but the accused pulled across in front of him without indicating.

As a result of being flipped off his bike and onto the road, the witness said he sustained a fracture to his right knee.

Dominic Griffin told the court he had taken a week off work to tour the Wild Atlantic Way and was passing through Ard na Greine at about 3pm on May 21st 2025.

As he drove up the hill at about 25 to 30 km/h, the witness for the prosecution said his path was clear, but he did notice a bus waiting to pull out on his right.

He said he saw the accused's car coming down the hill and added: 'There was no reason for me to think the car would come across me.'

In cross-examination, the motorcyclist admitted it was his first time on that road, which is busy because about 800 children attend the secondary school.

Mr Murphy suggested that there were a lot of cars parked in the area and that 90% of the vehicles turned right to enter the school.

The witness agreed there were many cars in the vicinity, but he insisted: 'I was in the yellow junction before he went in there. My path was clear and I had the right-of-way. I saw him but there was no reason for him to swing in to me.'

In evidence in his own defence, Garreth Kelly said he saw that the road was clear. He submitted that a car coming out of the school obscured his line of sight before 'the bike drove into me.'

After considering the evidence, Judge Carroll held that Garreth Kelly was 100% liable for the accident. 'He made an error of judgement,' she said.

'He was wrong to execute a right-hand manoeuvre when the road wasn't clear but, in the circumstances, I am going to strike out the charge of careless driving.'

The judge said the accused would have been entitled to a lesser charge of driving without due care and attention, but that charge was not brought against him, so no conviction was recorded.

Funded by the Courts Reporting Scheme.