Pedestrian Accident Claim

I have been hit by a car as a pedestrian, can I make a claim?

As a pedestrian, you can be vulnerable while traveling on Irish roads, and it’s important to be aware of your legal options if you’re involved in a road traffic accident.

According to the Road Safety Authority’s statistics, 99 pedestrians were killed on Irish roads between 2008 and 2015. Even a minor collision with a vehicle can result in serious injuries or long-lasting effects.

Data Source: Pedestrian Fatalities on Irish Roads

If you or a loved one has been injured in a pedestrian accident, it’s important to seek legal advice from a solicitor who has experience in pedestrian accident claims. Our experienced pedestrian accident claim solicitors at Coleman Legal LLP can guide you through the process of obtaining compensation for any injuries or damages you have suffered.

To file a pedestrian accident claim, there are certain steps you should follow. Firstly, you should seek medical attention for your injuries, no matter how minor they may seem. After receiving medical care, you should report the accident to the Gardaí and obtain a copy of the accident report.

It’s important to gather as much information as possible, including the contact details of the driver(s) involved and any witnesses, photographs of the accident scene, and any other evidence that may support your claim. Our pedestrian accident claim solicitors will assist you in gathering this evidence to build a strong case on your behalf.

The compensation you may be entitled to as a result of the accident may cover general damages such as pain and suffering caused by the accident, loss of earnings, and medical expenses.

Common claim types

Our team of experienced pedestrian accident claim Solicitors at Coleman Legal continuously educates themselves on all aspects of bicycle accident claims.

• Rear-end Collision Claims
• Hit and Run Claims
• Roundabout Accident Claims
• Passenger Injury Claims
• Side Impact Collision Claims
• Minor Impact Road Traffic Accident Claims
• Head-On Collision Claims
• Fatal Road Accident Claims

Common injuries

• Spinal Injury
• Head Injury
• Nerve Injury
• Whiplash Injury
• Back and Neck Injury
• Shoulder Injury
• Soft Tissue Injury
• Delayed Accident Symptoms Claims

What do you do in case of a pedestrian accident?

1. Seek medical attention

First, ensure everyone receives immediate medical attention if necessary. Even if you have only suffered a minor injury, we recommend you present yourself at the nearest A&E or meet with your GP. Even if you feel okay immediately after the incident, a minor injury may become more serious.

2. Collect any information relevant to the accident and any future claim

Such information could include:

• Details of everyone involved in the accident, particularly any drivers, including name, address, contact information, vehicle registration number and insurance information
• Contact details of any emergency service workers who attend the incident
• Photographs of the scene from different angles
• Any CCTV footage of the accident
• Dash cam footage
• The date, time, and weather conditions at the time of the accident
• Receipts of any expenses you have incurred due to the accident
• Copies of Garda reports or any medical reports are very important for any future claim

3. Contact the Gardaí

It is essential that you report any accident to the Gardaí, no matter how minor. If it is minor and the Gardaí does not attend the scene, you must visit your local station and request they record the details of the incident and take a statement for you.

4. Contact a solicitor

It is advisable that you reach out to a solicitor as soon as possible after the accident if you are considering making a claim. A solicitor can guide you through the claims process and help you to avoid unnecessary delays.

The claim process

1. Contact our accident claim solicitors

Our pedestrian accident solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.

2. The PIAB Application

The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:

• Workplace injury
• Road traffic accidents
• Catastrophic injury
• Accidents in public places

3. Submitting information and documents to PIAB

Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.

4. Consent to assess the claim

Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.

5. Claim assessment time

If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.

If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.

Compensation amount

How much compensation you receive for a road accident is dictated by two legally binding documents known as:

The “Book of Quantum” and

The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.

The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.

The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:

1. Identify the category of injury
2. Assess the severity of the injury (through medical reports and records)
3. Research the value range
4. Consider the effect of multiple injuries

The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:

1. Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
2. Awards must be proportionate to the injuries sustained
3. Awards must be compared on a scale of injuries that are both of a lesser and greater magnitude

One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.

Statute of Limitations

You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a nerve damage claim, click here.

Our team

If you have been involved in an accident or suffered an injury at the hands of another person, we would advise all persons to contact our injury claim solicitors at the earliest available opportunity.

If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contacted us at:

Coleman Legal LLP
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details
Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Online Enquiry Form: Apply

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.