Venturing onto the road – whether that be behind the wheel, on foot or pushing pedals on a bike – comes with a risk of personal injury.
In order to ensure you are never out of pocket should an accident occur, you must be aware of how to make a claim for personal injury.
Even if the accident is no fault of your own, you may find yourself at the centre of a dispute and should be read up on what happens next.
O’Brien & Company road traffic accident solicitors will be there for each step of the process should an accident on the road cause personal injury.
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What is a road traffic accident claim
A road traffic accident claim is a medium through which you can seek compensation for personal injury following an accident that was no fault of your own.
Following an injury in a road traffic accident, it may be possible to claim compensation for general damages – your immediate pain and suffering – as well as special damages – out-of-pocket expenses and a loss of earnings.
Common Road Traffic Accident claims
There are a number of common road traffic accident claims to be aware of:
Uninsured driver claim
An Uninsured driver claim will be valid to make if you have been injured in a road accident by a motorist that does not carry insurance or has committed a hit-and-run offence.
Once you are an insurance policyholder, you can make a claim through your own insurance provider.
Car accident claim
A car accident claim is a form of compensation for anyone injured in a car accident caused by another road user.
If the accident was not your fault – whether you were driving or sitting as a passenger – you should be entitled to car accident compensation.
Motorcycle accident claim
A motorcycle accident claim can be made if another road user or pedestrian’s actions, or lack of action resulted in a personal injury on the road.
Here it will be possible to seek compensation for suffering caused as well as associated financial losses.
Pedestrian accident claim
A pedestrian accident claim involves personal injury to anyone walking in the general area of traffic.
Chances of a successful claim will be hurt should the accident have occurred due to failure to pay due care and attention to your surroundings.
However, if the driver is at fault, then a road traffic accident claim could be valid.
Cycling accident claim
A cycling accident claim can be made if personal injury as a result of a road traffic accident occurs.
You may be eligible to begin a claim if the injury was caused by another vehicle at fault or by any defective equipment – such as a faulty helmet or a safety manufacturing issue.
Bus Accident claim
A bus accident claim can be made if an accident resulting in personal injury happens while travelling on a bus.
These accidents can be caused by the impact of a sudden collision that altered the position of passengers in the vehicle in some way.
If personal injury occurs on a bus, the onus is on you to show you third-party negligence caused said suffering.
Bus companies or public transport companies have a duty of care to all passengers and so you will need to prove negligence on their part.
Taxi Accident claim
A taxi accident claim can be made if the passenger can prove a breach in the driver’s duty of care towards them.
The breach would have had to be the primary cause of any personal injuries sustained in the road traffic accident.
People in breach include the taxi driver and other road users.
Dart accident claims
A Dart accident claim can be made after a personal injury is sustained while travelling on the form of public transport.
Irish Rail has a legal responsibility to make sure their passengers are not placed at an excessive risk of injury.
You will need to prove your accident happened as a result of negligence by the train company or its staff.
Luas accident claims
A Luas accident claim will be valid if a passenger can prove they injured themselves while travelling on public transport and that it was as a result of negligence by the company or its staff members.
Emergency services vehicle claim
An emergency services vehicle claim involves some kind of collision with either an ambulance, fire engine, sea patrol boat or police car.
They are treated the same as every other type of road traffic accident and can be sued if the other driver in your collision was being negligent and if you sustained injuries because of the accident.
The rules of the road apply to all its users.
E-scooter and E-bike accident claim
An e-scooter and e-bike accident claim relates to both electronic vehicle users and the pedestrians around them.
This type of claim can be made by both motorists and pedestrians that have sustained injury at the fault of another road user.
Accidents can be caused by negligent riding, other road users or collisions with pedestrians.
Who is responsible for a road traffic accident
There are a number of individuals that can be held responsible for road traffic accidents and so it will be examined on a case-by-case basis.
The driver at fault is always in the wrong in road accident claim cases as they were the ones that caused personal injury to the victim.
However, a pedestrian failing to pay due care to their navigation of the road can also be at fault if they are proven to be negligent road users.
Fatal Road traffic accidents
Fatal road traffic accidents can be classed as accidents that result in at least one party being killed.
Death can occur on impact or as a result of injuries sustained during the accident that ultimately kill the victim less than 30 days after the accident.
In order to claim compensation on behalf of a deceased person who died as a result of a road traffic accident you must examine if they were owed a duty of care.
Prior to six months after the death of the individual, only the estate can make a compensation claim on their behalf and following that time period a claim can be made by their dependents.
Claims must also be started within the limitation period.
If you are not sure how to make a road traffic accident claim on behalf of a loved one, book an appointment with our solicitors today for advice on seeking compensation.
Minor impact road traffic accident claims
Minor impact road traffic accidents can only be claimed against if you suffer personal injuries that amount to the likes of neck and back pain, soft tissue injuries, cuts or bruises.
The definition of a minor accident falls under a personal injury that didn’t result in any broken bones, death or permanent damage.
This type of accident is not usually ruled as insignificant as it can still cause pain and disruption to your life.
Compensation for road traffic accident claims
If your claim following a road traffic accident is successful then you will be entitled to a varying degree of compensation:
Compensation for General damages
General damages compensation will be generated dependent on the level of pain and suffering you have endured.
This also covers the impact the personal injury as a result of the accident has had on your life and further takes into account the potential for it to impact on your future quality of life.
The amount of compensation therefore will depend on the severity and the length of time of your pain caused – be it physical or emotional.
Compensation for Specific damages
Specific damages refer to any alteration of property or health for which the cost can be clearly pinpointed.
For example, a repair to a vehicle as a result of a car accident or any medical expenses due to the fault of someone else that caused injury.
In claims relating to personal injury, special damages will be as an alternative or addition to general damages.
Material damages
Material damages relate to any physical damage caused to property.
For a viable material damage claim to be made, the accident must have left the property’s use affected and decreased the value of the said property.
Get in touch today for a free claim assessment to find out how much you should expect in compensation.
What to do if you have been in a road traffic accident
We understand it may be difficult to take immediate action once you have been involved in a road traffic accident but it is important to take note of a few things to ensure a successful claim.
These include:
How to make a claim for personal injury
There are a number of steps that go into making a successful claim and the long process can be helped by enlisting the advice of one of our expert solicitors:
Get in touch:
The first step to making a successful road traffic accident claim is to reach out and ask for the advice of a solicitor.
Once contact is made you will be asked to provide details from the accident that can help build your case, such as any injuries or physical damage and who was at fault.
Medical report
After step one, a solicitor will need a copy of any medical reports made following the road traffic accident to submit with your claim.
A report from your GP or doctor that treated you will confirm there was in fact a personal injury as a result of the collision.
The Personal Injuries Assessment Board
Almost all personal injury claims will first be submitted to the Personal Injuries Assessment Board (PIAB).
After an application has been put through, the PIAB will notify the other party in the road traffic accident in an attempt to resolve the matter without going to court.
O’Brien & Company Solicitors can help make this step easy and stress-free as we will send the application on your behalf.
Court proceedings
Court proceedings will happen if the person against whom the claim is taken out refused to settle after notification from the PIAB.
This can also happen if the PIAB themselves decide not to assess the claim.
Despite legal proceedings appearing intimidating, with our help you have the full security of knowing your best interest is being represented at all times.
Make a claim for a road traffic accident in Ireland
If you have been a victim of a road traffic accident and it was not your fault, get in touch with one of our solicitors no matter where you are in Ireland.
O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury claims.
We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.
Contact us now
in confidence.
O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.
We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.
