Being struck by a vehicle while walking is a traumatic experience that can leave you with serious physical injuries and emotional distress.
Pedestrian accident claims are designed to help you recover compensation for the harm caused when a driver’s carelessness leads to an injury.
In Ireland, pedestrian accidents are unfortunately common, and navigating the legal process to secure compensation can be complex.
At Kearney Law, we understand how overwhelming the aftermath of such an accident can be.
From the confusion of dealing with insurance companies to the frustration of recovering from injuries, we are here to guide you through every step of the pedestrian accident claims process.
The moments immediately following a pedestrian accident are critical.
What you do right after the incident can make a significant difference in both your recovery and the strength of your claim.
Taking the right steps can protect your health and give you the best chance of securing compensation for your injuries.
Even if your injuries appear to be minor, it's crucial to seek medical attention as soon as possible.
Many injuries, such as internal damage or concussions, may not show immediate symptoms.
Getting checked by a doctor will ensure that you don’t overlook any serious conditions, and it will provide important documentation for your claim.
A medical report will be essential for substantiating your claim. It provides proof of the injuries you sustained and helps establish the connection between the accident and your health problems.
According to the Health Service Executive (HSE), early medical intervention significantly improves recovery outcomes, especially in cases involving internal injuries or head trauma.
In Ireland, it’s important to report any pedestrian accident to the Gardaí.
This is especially crucial if the driver leaves the scene or fails to provide their details.
A police report serves as key evidence in your case and can help support your version of the events.
If the driver fled the scene or didn’t exchange information, you should file a police report within 24 hours.
Under Section 106 of the Road Traffic Act 1961, drivers are legally obligated to report accidents involving injury to the Gardaí.
Reporting the accident is vital for building your case. Without an official police record, it can be more difficult to prove what happened.
Garda.ie advises that all injury accidents be reported, and the Gardaí will assist in documenting the facts of the accident and gathering witness statements.
The more evidence you can gather from the scene, the stronger your claim will be.
Collecting photographic evidence, contact information from witnesses, and any other relevant details can help back up your case.
Take photos of your injuries, the vehicle involved, the road conditions, and any other significant details of the scene.
If anyone witnessed the accident, ask for their names and contact details. Witness testimony can be critical in proving who was at fault.
If there are CCTV cameras near the scene, try to get their details. Your solicitor can request the footage later, which can help clarify what happened.
It’s important to avoid admitting fault, even if you feel responsible for the accident.
Statements like "I’m sorry" can be misunderstood as an admission of liability. Stick to the facts and focus on gathering the necessary information.
The driver’s insurer might try to argue that you are partially or fully at fault, but your solicitor can help protect your interests.
The Road Safety Authority (RSA) in Ireland emphasises that both pedestrians and drivers have a duty of care, and establishing who is at fault is a key factor in determining liability in these cases.
After receiving medical attention and reporting the accident, it’s important to seek legal advice.
A solicitor specialising in pedestrian accident claims can help you navigate the claims process, communicate with insurers, and ensure that your rights are protected.
A solicitor will handle all the legal aspects of your case, including gathering evidence, negotiating with insurers, and, if necessary, taking the case to court.
At Kearney Law, we are here to manage the entire claims process for you, so you don’t have to worry about the complexities of the legal system.
The timeline for a pedestrian accident claim can vary depending on several factors.
Some claims are settled quickly, while others can take much longer, particularly when more complex issues are involved.
If the case is straightforward, with clear evidence of liability and minor injuries, the claim may be settled within 6 to 12 months.
More complex cases, especially those involving severe injuries or disputes over fault, can take 1 to 3 years to resolve.
These cases often require additional medical assessments, expert testimony, and in some cases, court intervention.
According to The Personal Injuries Assessment Board (PIAB), simple claims typically resolve quicker, but claims involving serious injuries or disagreements over liability tend to take longer.
Serious injuries require thorough medical assessments, which can delay the claims process.
For example, a concussion, spinal injury, or broken bone may require follow-up medical appointments to fully understand the long-term impact of the injury.
If the injury has long-term effects, doctors will need to assess your recovery progress before determining the final value of your claim.
In some cases, the solicitor may need to bring in independent medical experts to evaluate the injury and the care provided.
After you submit your claim, the insurance company for the driver may dispute the amount of compensation or refuse to settle.
This back-and-forth between your solicitor and the insurance company can cause delays in the settlement process.
Negotiations with insurance companies can take several months, especially if the insurer contests the facts or tries to settle for a lower amount than what you deserve.
The Law Society of Ireland highlights that while many claims settle without litigation, disputes with insurers can add significant delays.
Pedestrian accidents can result in a variety of injuries, some of which are more common than others.
The nature and severity of your injuries will directly affect the length of the claims process and the amount of compensation you are entitled to.
Soft tissue injuries, such as bruises, sprains, and muscle strains, are common in pedestrian accidents.
Although they may seem minor at first, these injuries can be painful and take several weeks or months to heal.
Fractures are frequent in pedestrian accidents, particularly when the victim is knocked down or hit at speed.
Common fractures include broken legs, arms, wrists, and ribs. These injuries often require casts, surgery, and follow-up medical appointments.
Head injuries, including concussions and traumatic brain injuries (TBI), are particularly concerning.
Even a minor bump to the head can cause lasting cognitive effects. More severe head trauma can affect memory, speech, mood, and motor skills.
Pedestrians are especially vulnerable to head injuries because they don’t have the protection of a vehicle during a collision.
The Road Safety Authority (RSA) emphasises that head injuries are among the most serious types of injuries for pedestrians involved in road traffic accidents.
Spinal injuries can range from minor discomfort to permanent paralysis.
These injuries often result from high-impact accidents and can require extensive medical treatment, including surgery and rehabilitation.
In addition to physical injuries, many pedestrian accident victims experience psychological trauma.
This can include anxiety, depression, and post-traumatic stress disorder (PTSD). These mental health effects should not be overlooked when making a claim.
In Ireland, the Limitation Act 1957 sets out a two-year time limit for making a claim after an accident.
This time limit begins from the date of the accident or from the date you became aware of the injury.
If the injured person is a minor (under 18), the two-year time limit does not start until their 18th birthday. This means they have until their 20th birthday to make a claim.
For individuals who are unable to make decisions due to mental incapacity, the three-year limit does not start until they recover enough to manage their own affairs.
The Irish Statute Book provides the legislative framework for personal injury claims and the time limits for filing.
Pedestrian accidents can cause serious physical and emotional harm, and seeking compensation is your right.
While the claims process may take time, acting quickly and gathering all necessary evidence can help ensure that you get the compensation you deserve.
Whether your case is straightforward or complex, Kearney Law is here to guide you through the process.
Contact us today to discuss your claim, and let us help you secure a fair settlement or prepare for court if necessary.
Donegal Fund Enterprise Business Centre, Ballyraine, Letterkenny,
Co. Donegal
TEL: +353749706020
Galway Technology Centre,
Mervue Business Park,
Wellpark Road, Co. Galway
TEL: +35391394052
Kearney Law specialises in legal services relating to Personal Injury and Clinical Negligence. We are committed to achieving the best results for our clients.
Contact us today to arrange your initial consultation relating to any of the above matters.
*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 regulation 8 of the S.I. 518 2002.
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