In Ireland, most pedestrian accident claims must be submitted to the Injuries Board (IRB) before court proceedings can be commenced.
The IRB will notify the driver’s insurer and invite consent to the assessment process.
If both parties accept the IRB’s assessment, the matter may be resolved without proceedings.
Where the assessment is rejected or consent is refused, the IRB issues an Authorisation permitting the claimant to proceed to court.
Where the driver responsible for the accident was uninsured or cannot be identified, a claim may be brought through the Motor Insurers Bureau of Ireland (MIBI).
Coleman Legal’s solicitors can advise on the appropriate route for your claim based on the circumstances of the accident.
I have been hit by a car as a pedestrian. Can I make a claim?
As a pedestrian, you are one of the most vulnerable road users on Irish roads.
Recent statistics from the Road Safety Authority (RSA) highlight the risks pedestrians continue to face.
According to the RSA’s Pedestrian Spotlight Report (2020–2024), 168 pedestrians lost their lives and 1,462 sustained serious injuries on Irish roads during this five-year period.
This equates to an average of 34 fatalities and 292 serious injuries each year.
Pedestrians accounted for 20% of all road fatalities and 18% of serious injuries during the period.
The RSA has also identified pedestrians as one of the most vulnerable groups of road users, particularly in urban areas and at times of reduced visibility.
These figures highlight the potentially life-changing consequences of pedestrian accidents and the importance of road users taking appropriate care around pedestrians.
If you or a loved one has been involved in a pedestrian accident, seeking legal advice from solicitors experienced in handling pedestrian accident claims is important.
At Coleman Legal LLP, we are dedicated to supporting clients through the claims process and helping them pursue compensation for their injuries and financial losses.
You do not have to navigate this process alone. Our team is here to guide you through every stage of your pedestrian accident claim.
5 key steps to take after being hit by a car as a pedestrian
1. Seek medical attention
Prioritise your health by obtaining immediate medical care, even if your injuries appear minor.
Some injuries may not manifest symptoms immediately, but can have profound implications if left untreated.
Seeking medical attention also provides official records that may support your pedestrian accident claim.
2. Gather relevant information
Collecting comprehensive details about the accident is essential:
- Details of involved parties Obtain all drivers names, addresses, contact information, vehicle registration numbers, and insurance details.
- Witness information Secure contact details of any witnesses at the scene.
- Photographic evidence Take clear photographs of the accident scene from multiple angles, capturing vehicle positions, road conditions, and relevant traffic signs.
- Additional evidence Acquire CCTV or dashcam footage that recorded the incident.
- Accident specifics Note the date, time, weather conditions, and any other pertinent details related to the accident.
3. Report the incident to the Garda
It is imperative to report the accident to Garda promptly:
- At the scene If Garda attend the scene, they will document the incident and gather statements.
- Post-incident reporting For minor accidents where Garda do not attend, visit the nearest Garda station to file an official report and provide your statement.
4. Consult a solicitor
Engaging with a solicitor as soon as possible can help streamline the claims process and avoid unnecessary delays.
A solicitor can help gather the necessary evidence, prepare your application to the Injuries Resolution Board (IRB), advise you on your legal rights, and ensure compliance with all applicable legal requirements.
5. Understand the statute of limitations
In most cases, pedestrian accident claims in Ireland must be brought within two years less one day from the date of the accident or the date of knowledge of the injury.
Different rules apply to individuals under the age of 18.
Acting promptly can help ensure that important evidence is preserved and that your pedestrian accident claim is not affected by statutory time limits.
Navigating the aftermath of a pedestrian accident can be overwhelming.
Our experienced team at Coleman Legal LLP is committed to supporting clients throughout the claims process and helping them pursue compensation for their injuries and financial losses.
Q: Can I bring a pedestrian accident claim in Ireland if the driver who struck me left the scene?
A: In Ireland, where the driver responsible for a pedestrian accident cannot be identified because they left the scene, a claim may be brought through the Motor Insurers Bureau of Ireland (MIBI) under the MIBI Agreement.
The MIBI operates a scheme to compensate victims of accidents involving uninsured or untraced drivers.
The procedure for MIBI claims differs from a standard IRB claim, and it is important to report the accident to An Garda Siochana as soon as possible and to notify the MIBI within the required timeframes.
Coleman Legal’s solicitors can advise on the steps required in a hit-and-run or untraced driver case.
Q: What legislation governs a driver’s liability to a pedestrian in Ireland?
A: In Ireland, the Road Traffic Act 2010 imposes obligations on all drivers to observe the rules of the road and exercise reasonable care for other road users, including pedestrians.
Where a driver’s breach of those obligations causes injury to a pedestrian, liability in negligence arises under the Civil Liability Act 1961.
Compensation for personal injury is assessed by reference to the Personal Injuries Guidelines published by the Judicial Council, which provide indicative award ranges for different categories and severities of injury.
The driver’s motor insurer is typically the respondent in a pedestrian accident claim.
Q: Can a pedestrian be found partly at fault for a road accident in Ireland?
A: In Ireland, the doctrine of contributory negligence under the Civil Liability Act 1961 applies to pedestrian accident claims.
Where a pedestrian’s own conduct contributed to the accident or to the severity of the injuries sustained, a court or the IRB may apportion a share of responsibility to the pedestrian and reduce the damages recoverable accordingly.
Common examples include crossing the road at an unmarked location, crossing against a red pedestrian light, or being distracted by a phone.
The extent of any reduction depends on the specific facts.
Contributory negligence does not bar a claim; it reduces the damages in proportion to the claimant’s share of responsibility.
Q: What does RSA data show about pedestrian road safety in Ireland?
A: In Ireland, the Road Safety Authority (RSA) records detailed statistics on pedestrian fatalities and serious injuries.
Between 2019 and 2023, 164 pedestrians lost their lives on Irish roads, averaging 33 fatalities each year. During the same period, 1,426 individuals sustained serious injuries, averaging 285 each year.
In 2024, there was a slight increase, with 44 pedestrian fatalities compared to 42 in 2023.
These figures reflect the vulnerability of pedestrians in road traffic and the significant consequences of vehicle accidents. The RSA publishes its road safety data at rsa.ie.
Q: What types of injury compensation can a pedestrian claim following a road accident in Ireland?
A: In Ireland, a pedestrian accident claim can cover general damages and special damages.
General damages compensate for the physical injuries sustained, pain and suffering, loss of amenity, and the long-term impact of the accident on the claimant’s quality of life.
Special damages cover quantifiable financial losses, including medical treatment costs, physiotherapy and rehabilitation expenses, loss of earnings during recovery, and any ongoing care costs arising from the injuries.
In cases involving serious or life-altering injury, the claim may also address future loss of earnings and the cost of future care.
The specific heads of damage will depend on the nature and severity of the injuries sustained.
