Getting hit by a vehicle while walking can be a life-changing experience.
Even if it was a car, van, motorbike, or even a bicycle, accidents like this can cause serious injuries.
In Ireland, if the driver was at fault, you may be entitled to make a claim for compensation.
This process is there to help cover your medical costs, lost income, and any support you might need during recovery.
Knowing what to do after the accident can make a big difference.
What Should I Do Immediately After a Pedestrian Accident in Ireland?
If you’ve been hit while walking, it’s normal to feel shaken and unsure of what to do next. But what happens in the first few hours can really make a difference.
It helps protect your health and makes it easier to get support if you decide to make a claim.
Here’s what you should do straight away:
1. Get medical attention
Always see a doctor, even if you think the injury is small. Some injuries take time to show. A medical report will also help later if you’re making a claim.
2. Report the accident to the Gardaí
Call the Gardaí and make sure the accident is officially recorded. This is especially important if the driver didn’t stop or refused to give their details.
A Garda report can be strong evidence for your claim.
3. Collect evidence at the scene
If it’s safe, take photos of your injuries, the road, and the vehicle. Try to get the names and contact details of any witnesses.
If there are nearby shops or buildings, check if they have CCTV that might have recorded the incident.
4. Avoid saying anything that sounds like blame
Don’t apologise or guess what happened. Just share the facts.
What you say at the scene can be brought up later, so it’s best to stay calm and clear.
5. Contact a solicitor
Speak to a solicitor who deals with pedestrian accidents in Ireland.
They can help you understand your rights, gather the right documents, and talk to the insurance company on your behalf.
6. Be Aware of Pedestrian Accident Statistics
Between 2019 and 2023, 164 pedestrians were killed and 1,426 sustained serious injuries on Irish roads.
This highlights the importance of road safety and the need for proper compensation mechanisms.
7. Know Your Rights
If the driver was at fault, you have the right to seek compensation. Even in hit-and-run cases, the Motor Insurers' Bureau of Ireland (MIBI) may provide compensation.
8. Take Preventative Measures
While accidents can happen unexpectedly, always use pedestrian crossings, stay alert, and wear visible clothing, especially during low-light conditions.
When Can You Seek Compensation After a Pedestrian Accident in Ireland?
If you've been injured as a pedestrian in Ireland due to someone else's negligence, you may be entitled to compensation.
Understanding the circumstances under which you can make a claim is crucial.
- Driver Negligence at Pedestrian Crossings
If a driver fails to yield at a pedestrian crossing and causes an accident, you have the right to seek compensation. Drivers are legally obligated to stop for pedestrians at designated crossings.
- Vehicle Mounting the Footpath
Accidents where a vehicle mounts the footpath and strikes a pedestrian are serious. ]
Such incidents often result from driver inattention or loss of control, and victims can pursue claims for injuries sustained.
- Cyclist Collisions Due to Negligence
Pedestrians hit by cyclists who are riding recklessly or failing to observe traffic rules may also be eligible for compensation.
Cyclists have a duty to operate safely and respect pedestrian rights.
- Accidents Involving Uninsured or Hit-and-Run Drivers
If you're involved in a hit-and-run or an accident with an uninsured driver, the Motor Insurers' Bureau of Ireland (MIBI) provides a pathway to compensation. They handle claims where the at-fault party cannot be identified or lacks insurance.
- Injuries on Public Footpaths Due to Poor Maintenance
Injuries resulting from poorly maintained public footpaths may also be grounds for a claim. Local authorities are responsible for maintaining safe walkways, and negligence in this duty can lead to liability.
- Shared Fault and Contributory Negligence
In some cases, both the pedestrian and the driver may share fault.
For instance, if a pedestrian crosses the road without using a designated crossing and is hit by a speeding driver, both parties may be deemed partially responsible.
In such scenarios, compensation may be adjusted based on the degree of fault attributed to each party.
- Time Limits for Making a Claim
In Ireland, personal injury claims must generally be made within two years from the date of the accident.
However, it's advisable to initiate the process as soon as possible to ensure evidence is preserved and your rights are protected.
How Does the Pedestrian Accident Claim Process Work in Ireland?
If you have been injured as a pedestrian in Ireland, understanding the claims process is essential.
The Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board or PIAB) handles most personal injury claims, including those involving pedestrians.
Here is a step-by-step guide to help you navigate the process:
1. Submit Your Application
Begin by completing an application form. You can do this online or by post. Your application should include:
- A completed application form.
- A medical report from your doctor detailing your injuries.
- A processing fee of €45 for online applications or €90 for postal applications.
Ensure all information is accurate and complete to avoid delays.
2. Respondent's Consent
Once your application is received, the Injuries Resolution Board will contact the person or organisation you hold responsible for (the respondent).
The respondent has 90 days to consent to the Board assessing your claim. If they agree, the process continues. If not, you will receive an authorisation to take your claim to court.
3. Medical Examination
In most cases, the Board will arrange for an independent medical examination. This helps provide an accurate picture of your injuries and recovery time.
The examination is conducted by a medical professional appointed by the Board.
4. Assessment of Compensation
The Injuries Resolution Board will assess the value of your claim based on:
- Pain and suffering (general damages).
- Out-of-pocket expenses like medical bills and loss of earnings (special damages).
5. Notice of Assessment
After the assessment, both you and the respondent will receive a Notice of Assessment detailing the compensation amount. You have 28 days to accept or reject the assessment, while the respondent has 21 days.
6. Acceptance and Payment
If both parties accept the assessment, the Board issues an Order to Pay. This legally obliges the respondent to pay the awarded amount. The payment is made directly to you or your solicitor.
7. Rejection and Court Proceedings
If either party rejects the assessment, the Injuries Resolution Board will issue an authorisation allowing you to bring your claim to court.
This step is necessary if a settlement cannot be reached through the Board's process.
8. Mediation Option
The Injuries Resolution Board also offers a mediation service for certain claims. Mediation is a voluntary and confidential process where a neutral mediator helps both parties reach an agreement.
This can be a quicker and less adversarial alternative to court proceedings.
9. Timeframe
The Board aims to assess claims within nine months from the date the respondent consents to the process.
However, the duration can vary depending on the complexity of the case.
10. Importance of Legal Advice
While you can submit a claim yourself, seeking legal advice can be beneficial.
A solicitor can help ensure your application is complete and accurate, and provide guidance throughout the process.
How Much Time Do You Have to Make a Pedestrian Accident Claim in Ireland?
For most personal injury cases, including pedestrian accidents, you have two years from the date of the accident to initiate legal proceedings.
This means you must submit your claim to the Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board or PIAB) within this two-year window.
Failing to do so may result in your claim being time-barred, meaning you lose the right to seek compensation.
However, there are exceptions to this rule:
- Children
If the injured person is under 18 years of age, the two-year time limit does not begin until their 18th birthday.
This means they have until they turn 20 to make a claim. Alternatively, a parent or guardian can initiate a claim on behalf of the child before they reach 18.
- Mental Incapacity
If the injured person lacks the mental capacity to manage their legal affairs, the time limit may be extended.
In such cases, the two-year period does not commence until the person regains capacity.
It's advisable to seek legal advice promptly to ensure your claim is filed within the appropriate timeframe.
If you've been involved in a pedestrian accident, don't delay in seeking legal advice to explore your options.
Moving Forward After a Pedestrian Accident: Your Rights, Your Claim, Your Support
When something as serious as a pedestrian accident happens, the aftermath can feel like a blur. But you are not powerless.
In Ireland, the law protects your right to claim compensation if the accident was not your fault.
From getting medical help to submitting your claim, each step matters, and having the right support can make a big difference.
With experience in pedestrian accident claims in Ireland, we handle the legal side so you can focus on getting better.
Even if it was a car, van, bike, or driver who left the scene, we help you understand your options clearly and make sure no deadline is missed.
If you or someone you care about has been hit while walking, do not wait. Reach out. We are ready to help you take the next step with confidence.
