A truck driver who crashed into a cyclist, breaking her pelvis and causing severe leg trauma, has been sentenced to 21 months’ imprisonment.
On July 22nd, 2021, Kevin McMenamin (42) broke a red light in Dublin 4 and made a sudden turn, colliding with a cyclist in her late 60s.
McMenamin, from Church Town, Letterkenny, Co Donegal, was disqualified from driving at the time.
The woman was trapped between the two sets of wheels on the truck and dragged for 2m before surrounding motorists alerted the truck driver by sounding their horns.
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She spent 19 weeks in hospital and underwent major surgery, the court heard.
McMenamin pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious bodily harm at the junction of Herbert Park Road and Morehampton Road in Ballsbridge.
Passing sentence on Friday, Judge Martin Nolan said McMenamin was not taking as much care as he should have, and he did not see the cyclist. He outlined the catastrophic injuries the injured party has suffered, how she was placed in an induced coma and spent a prolonged period of time in hospital.
Judge Nolan said the mitigation in this case was the guilty plea, the co-operation by McMenamin with gardaí, his long history of work and the impressive references given on his behalf.
The judge noted McMenamin does have previous convictions, some of which are for road traffic offences. He was disqualified on the date of the incident, which the judge said was a serious aggravating factor.
Addressing McMenamin, Judge Nolan said: “You showed no regard for the law of land and you should not have driven.” He said he must impose a custodial sentence and sentenced him to twenty one months in prison. He also disqualified McMenamin from driving for five years.
Garda Deirdre Gately told Jane Horgan-Jones BL, prosecuting, that the woman cyclist was cycling home from town through Ballsbridge that afternoon when she noticed a large truck bouncing over speed bumps and going very fast.
She approached the lights on Herbert Park Road, intending to go straight through the junction and confident that she would get through the lights before they changed from amber to red.
At the same time, witnesses described seeing the truck accelerating quickly and driving at an inappropriate speed along Herbert Park Road, before making a sudden left turn down Morehampton Road just after the lights turned red.
Witnesses said the truck did not indicate before turning left. The cyclist was just ahead of the truck and was hit by the vehicle and trapped between its two sets of wheels. Nearby drivers sounded their horns but the truck kept going for another two metres before stopping. The woman was just about conscious but clearly had been very badly injured and was taken to St Vincent’s hospital.
A victim impact statement was handed into court but not read aloud. The woman remains at a financial loss of €4,940 for medical bills. The court heard she was wearing a helmet but there was no cycle lane.
McMenamin has 33 previous convictions including numerous road traffic offences such as drink driving and driving without insurance. He was disqualified from driving for five years in March 2018 by Kilkenny District Court.
Garda Gately agreed with Oisin Clarke BL, defending, that as the cyclist was leaving the junction, the lights turned red. She further agreed that the truck driver was completely in shock when gardaí arrived and expressed remorse.
McMenamin asked gardaí if he could visit the injured woman and also wanted to send her flowers, but was advised against this course of action by gardaí.
Mr Clarke said his client was extremely remorseful and was willing to compensate the victim for her medical expenses, should she be amenable.
The court heard McMenamin left school after the Junior Cert, got his driving licence at 17 and has since driven for work all over the US, UK and Ireland.
A number of references were provided testifying to McMenamin’s athletic prowess and from family members describing him as a man of good character.
The court heard McMenamin was an extremely talented athlete who represented his county for three years in the national league final and had trials for Aston Villa and Celtic.
Mr Clarke said his client has contributed positively to society, although he has a “difficulty in relation to vehicles”.
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