Road Traffic Accident Claims *

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Behind the 146 road fatalities recorded in Ireland in 2024, there are grieving families, shattered dreams, and lives forever changed. These are not just numbers: they represent 60 drivers who never made it home, 30 passengers whose journeys were tragically cut short, 26 pedestrians struck down, 17 motorcyclists who took their last ride, 10 cyclists, and 3 e-scooter users lost on the road.

While the 7% drop in fatalities compared to 2023 offers a glimmer of progress, it’s little solace to those living with the aftermath of collisions. From devastating injuries to the emotional scars that remain long after the crash, the impact can be overwhelming. If you or a loved one has been affected by a road accident, you deserve expert legal guidance to tread the path to justice and compensation. At Tiernan & Co. Solicitors, we don’t just handle claims. We help rebuild lives.

Common Causes of Road Traffic Accidents 

  • Texting or Using a Mobile Phone While Driving: Distractions caused by mobile devices significantly reduce focus and reaction times.
  • Hazardous Weather Conditions: Rain, fog, or icy roads can make driving conditions treacherous if drivers fail to adjust their speed or behaviour.
  • Failure to Observe Traffic Rules: Running red lights, failing to yield, or not stopping at pedestrian crossings often result in collisions.
  • Poor Road Conditions: Potholes, uneven surfaces, or inadequate signage contribute to accidents, particularly for cyclists and motorcyclists.

These factors often stem from negligence, either by drivers, road maintenance authorities, or other parties. If you’ve been involved in an accident caused by any of these factors, you may be entitled to compensation.

Types of Road Traffic Accident Claims

At Tiernan & Co. Solicitors, we provide expertise across a wide range of road traffic accident claims. Some of the most common claims include:

Car Accident Claims

Car accidents are the leading source of personal injury claims. These incidents range from minor fender-benders to severe collisions causing long-term injuries or fatalities.

Cycling Accident Claims

Cyclists are particularly vulnerable on Irish roads, often suffering severe injuries due to limited protection. Claims may involve reckless drivers or unsafe road conditions.

Motorcycle Accident Claims

Motorcyclists face heightened risks, including collisions caused by drivers failing to notice them or road debris. Injuries can be catastrophic, making expert legal advice crucial.

Pedestrian Accident Claims

Pedestrians struck by vehicles often suffer life-changing injuries. These claims frequently involve speeding or failure to yield at crossings.

Public Transport Accident Claims

Passengers injured in buses, taxis, or other public transport vehicles can seek compensation. Claims can be made against the transport operator, driver, or another party responsible.

E-bike and E-scooter Accident Claims

With their growing popularity, accidents involving e-bikes and e-scooters are becoming more common. Riders injured due to negligent drivers or faulty infrastructure may have grounds for a claim.

Steps to Take After a Road Traffic Accident

If you’ve been involved in a road traffic accident, it’s essential to act quickly and carefully. Follow these steps to protect your health, legal rights, and potential compensation claim:

Seek Medical Attention

Even if injuries seem minor, consult a medical professional immediately. Some injuries, such as whiplash, may not be apparent until days later.

Report the Incident to the Gardaí

All road traffic accidents, no matter how minor, should be reported to the Gardaí. This creates an official record of the incident.

Gather Evidence

Collect as much information as possible at the scene. This includes:

  • Names, contact details, and insurance information of all parties involved.
  • Photos of the accident scene, vehicle damage, and any injuries.
  • Contact information for any witnesses.

Contact Your Insurance Provider

Notify your insurer about the accident, providing them with all relevant details and documents.

Speak to a Solicitor

Consult an experienced road traffic accident solicitor to evaluate your claim. Early legal advice ensures you take the necessary steps to strengthen your case.

How to Establish Liability in a Road Traffic Accident Claim

Determining liability is a crucial part of any claim. In most cases, liability rests with the party who breached their duty of care, such as:

  • Drivers causing rear-end collisions by following too closely.
  • Road authorities failing to maintain safe driving conditions.
  • Employers in cases involving commercial vehicle accidents.

Evidence such as CCTV footage, eyewitness accounts, and Garda reports can help establish who is at fault.

Compensation for Road Traffic Accident Claims

The compensation awarded in road traffic accident claims typically falls under three main categories:

  • General Damages: For pain, suffering, and loss of enjoyment of life caused by the accident.
  • Special Damages: These cover out-of-pocket expenses such as medical bills, loss of earnings during recovery, travel costs for hospital visits, and so on. 
  • Material Damages: For property damage, such as repair or replacement costs for your vehicle.

The amount of compensation depends on the severity of injuries and other case-specific factors. At Tiernan & Co. Solicitors, we provide clear, accurate assessments of your potential claim.

Statute of Limitations for Road Traffic Accident Claims in Ireland

Under Irish law, claimants generally have two years from the date of the accident to initiate legal proceedings. Exceptions may apply, such as:

  • Minors: The two-year period starts from their 18th birthday.
  • Date of Knowledge: In cases where injuries or negligence become apparent later, the time limit begins from the date you became aware.

Failing to act within this timeframe can result in your claim being barred, so contacting a solicitor promptly is essential.

Strengthening Your Claim

To improve your chances of success, ensure the following:

  • Keep detailed medical records and receipts for treatment.
  • Secure evidence from the accident scene, including photos and witness statements.
  • Maintain open communication with your solicitor to ensure no deadlines are missed.

At Tiernan & Co. Solicitors, we understand the complexities of road traffic accident claims and work diligently to secure the best outcome for you.

Frequently Asked Questions

Can multiple parties be held liable for a single road traffic accident?

Yes, multiple parties can share liability. For example, if both a reckless driver and a poorly maintained road contributed to the accident, claims may be made against the driver and the responsible local authority. This requires careful legal analysis to apportion liability.

How does Irish law treat claims involving injuries caused by defective vehicles?

Claims for defective vehicle-related accidents can involve both the manufacturer and the driver. Proving liability may hinge on technical evidence, such as engineering reports, and the claimant must demonstrate that the defect directly caused the accident.

What happens if the Gardaí do not attend the scene of the accident?

While Gardaí attendance strengthens evidence, claims can still proceed without their presence. Claimants must gather alternative evidence, such as photos, witness statements, and a subsequent Garda report filed at the nearest station.

How does a pre-existing condition affect a road traffic accident claim?

Irish courts require proof that the accident aggravated the pre-existing condition. Medical reports must distinguish between the original condition and the injury caused by the accident to determine compensation accurately.

Can a passenger claim against both the driver and another party?

Passengers can claim against any party responsible for their injuries, including the driver of the car they were in and other involved drivers. Courts assess the evidence to establish each party’s contribution to the accident.

What role does the Judicial Council’s Personal Injuries Guidelines play in compensation?

These guidelines standardise compensation amounts for specific injuries. While they aim to reduce inconsistencies, some cases require deviations due to exceptional circumstances, often argued by experienced solicitors.

How does the "date of knowledge" impact claims for delayed injuries?

The two-year Statute of Limitations begins from the date you became aware of the injury’s seriousness and its link to the accident. Medical evidence is crucial to prove when the injury was diagnosed as “significant.”

Are Gardaí reports mandatory for successful road traffic accident claims?

While not mandatory, Gardaí reports strengthen claims by documenting facts and liability. In their absence, alternative evidence, such as eyewitness accounts, CCTV footage, and photos, becomes essential.

How is liability determined in multi-vehicle accidents?

Multi-vehicle claims require meticulous investigation to apportion fault among drivers. Factors such as the sequence of collisions, road conditions, and compliance with traffic laws are assessed to establish responsibility.

Can you claim for psychological injuries, such as PTSD, from a road traffic accident?

Yes, Irish law recognises psychological injuries as compensable. However, proving such claims involves detailed medical evidence from specialists and a clear link between the accident and the psychological harm suffered.

Why Choose Tiernan & Co. Solicitors?

With decades of experience in personal injury law, we are committed to providing expert legal support tailored to your unique circumstances. Among other things, client trust us for:

  • Comprehensive legal advice delivered in plain English.
  • Strong negotiation skills to maximise compensation.
  • A client-first approach that prioritises your recovery and well-being.

For a free, confidential consultation about your road traffic accident claim, contact Tiernan & Co. Solicitors today. Let us help you achieve the justice you deserve.

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TIERNAN & CO SOLICITORS IS A MEMBER OF THE DUBLIN SOLICITORS BAR ASSOCIATION AND THE LAW SOCIETY OF IRELAND

What to do next?

Contact us on 01-6622822 for our expert opinion on the strength of your case. You can contact us in any of the following ways:

Address

Tiernan & Co. Solicitors
144 Lower Baggot Street, Dublin 2
Telephone: 01-6622822
Fax: 353 (01) 63 13 783
Email: [email protected]

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