Fatal road traffic accident claims* in Ireland seek compensation for the loss of a loved one in an accident on the road.

The family left behind claim compensation for the impact on their lives today and in the future due to the death of a loved one in a road traffic accident.

Making a fatal road traffic accident claim* can be tough, but a good personal injury solicitor will get you through the process.

O’Brien & Company, personal injury solicitors in Dublin, have the experience to work with you with compassion and respect when making a fatal road traffic accident claim*.

Table of contents

What is a fatal road traffic accident claim*?

A fatal road traffic accident claim* is when the dependents of the victim bring a compensation claim against the party responsible for the death of their loved one.

Road fatalities in Ireland are on the rise again after a few years of decline in numbers. The number of fatalities on Irish roads dropped to a low of 132 deaths in 2021 but rose to 152 the following year, an increase of 20 fatal road traffic accidents in 12 months. The most recent figures from the RSA (Road Safety Authority) show 183 road deaths in 2025.

The dependents make a fatal road traffic accident claim* for compensation for the losses and financial costs after the death of a loved one in a car crash.

The compensation claim is for the loss of income to the home, the psychological impact of the death and future costs, such as education fees for the children. 

O’Brien & Company Solicitors in Dublin can advise on making a fatal road traffic accident claim* when you are ready to make it.

Who may be liable for a fatal road traffic accident?

The driver of the other car, van, truck, bus or motorbike can be liable for a fatal road traffic accident. In some cases, fatal road traffic accidents are due to poor road conditions, and sometimes to bad driving in poor weather.

Those who can be responsible for a fatal road traffic accident in Ireland:

  • Negligent drivers, such as someone who is on their phone while driving
  • Commercial vehicle drivers under time pressure
  • Employers who do not maintain their company vans
  • Taxi drivers in a hurry to make a fare
  • Local Authorities for not maintaining the roads
  • National Road Authority for not eliminating a black spot
  • Drunk drivers in a fatal road traffic accident
  • Speeding drivers responsible for a death on the road
  • Uninsured drivers in a fatal car crash
  • Unidentified drivers in a fatal traffic accident

If you lose a loved one in a fatal road traffic accident, you can make a compensation claim against the person or Company liable for the death.

O’Brien & Company Solicitors will be by your side when making a fatal road traffic accident claim*.

Are You Eligible For Compensation?

If you want to obtain compensation for the negligence you have suffered contact us today.

Making a fatal road traffic accident claim* against a hit-and-run or uninsured driver

You can make a fatal road traffic accident claim* when it involves a hit-and-run driver or an uninsured driver.

The Gardai will be involved, which is a big help when proving who is liable for the death of a loved one in a hit-and-run or uninsured road death.

The family can make a claim to the Motor Insurers Bureau of Ireland. The MIBI established a fund to finance hit-and-run and uninsured driver claims in Ireland, and you can claim against it for the loss of a loved one.

The MIBI recognised the need to cover compensation claims against uninsured drivers and those who do not stop following a fatal road traffic accident in Ireland. Under government legislation, the fund is financed by a levy on insurance policies and is there to help those who suffer a personal injury in a hit-and-run accident or where a driver is uninsured.

Your personal injury solicitor will know how to claim against the MIBI fund. You will not be alone, and the MIBI has many years of experience handling claims from the families of people killed in such accidents.

O’Brien & Company Solicitors know how to work with the MIBI and to get fatal road traffic accident compensation.

Common fatal road traffic accident claims*

Common road traffic accident claims* occur on Irish roads every week, and the tragic consequences affect every family involved.

The bereaved family can make a compensation claim against the liable road user.

Types of fatal road traffic accident claims*:

A cyclist road traffic accident claim* is when a cyclist is knocked off their bike by another road user in town or when cycling on the open road.

A cyclist can also be killed when they fall from their bike due to the bad state of the roads, such as hitting a pothole in the street or cycling on an uneven road.

The child fatal road traffic accident claim* is a very distressing one and follows the accident on the road when a child is killed.

Types of fatal road traffic accident claims* for the death of a child:

  • Child knocked down when crossing the road
  • Child knocked off their bike in town
  • Child killed when a passenger in a car crash

O’Brien & Company Solicitors in Dublin will make the fatal personal injury claim for compensation.

The family of the driver involved in a fatal collision can claim compensation for the death. 

Types of claims for a driver in a fatal road traffic accident:

  • Van driver killed while working a long shift
  • Car driver killed in a head-on collision on a busy road
  • Driver killed when the car is hit by a speeding truck

O’Brien & Company, personal injury solicitors, can help you make a fatal road traffic accident claim*.

Passenger fatal road traffic accident claims* often involve the family car, but passengers can be killed in a taxi accident or when travelling in a minibus.

The family make the fatal road crash claim after losing a loved one in an accident which was not their fault.

They can make a claim against the driver of the other car or of the vehicle they were in at the time.

Pedestrians are very vulnerable road users and are often the victims of fatal road traffic accidents in Ireland.

Types of pedestrian fatal accident claims:

  • Pedestrian killed when stepping off a bus in town
  • Pedestrian killed when knocked down while crossing the road
  • Pedestrian killed when a speeding car mounts the footpath

O’Brien & Company Solicitors will be with you when making a fatal road traffic accident claim* after losing a loved one.

Who can bring a fatal accident claim in Ireland?

The family and loved ones of the person killed in a road traffic accident on Irish roads can make a compensation claim.

In Ireland, those left behind who can claim are known as dependents. Dependents can claim for losing a loved one killed in a road traffic accident or on behalf of someone unable to make the claim for compensation themselves.

The dependents in a fatal road traffic accident claim* in Ireland may be:

  • The husband or wife of the victim
  • The parents of the deceased
  • Grandparents of the deceased
  • Children of the deceased
  • Adult dependents
  • Family members who relied on the victim for care and financial support
  • A sister or brother
  • A half-brother or half-sister of the person who passed away

O’Brien & Company Solicitors have the experience of working with dependents and know how to make their claim for fatal road traffic accident compensation.

Online Claim Assessment

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Compensation for a fatal road accident

Compensation for a fatal road traffic accident is claimed by those left behind for the impact of the loss on their lives of the loved one’s death.

Dependents make the compensation claim for the financial losses and the psychological effects of losing a close loved one.

You can also claim for the expenses involved in caring for someone who does not die at the scene of a road traffic accident, such as hospital bills and 24-hour care.

In Ireland, compensation is a combination of two types of damages.

Damages in a fatal road traffic accident claim* in Ireland are:

General Damages are compensation for bereavement and mental distress damages suffered by those left behind.

You can claim for the Loss of Amenity in the life of the one who passed away. A loss of amenity can be seen in a difficulty walking or exercising before they died from their injuries. 

You can also claim for the pain and suffering experienced by a loved one who died from injuries in a road accident.

Special Damages are for the extra costs in your life due to the death of a family member in a road traffic accident.

  • Medical costs
  • Loss of earnings
  • Travel costs 
  • Cost of care
  • Further treatment costs
  • Funeral expenses
  • Cost of aids and equipment 
  • Loss of financial support

A claim seeks compensation for the two types of damages suffered by the dependents due to a fatal road traffic accident.

What evidence do I need to make a fatal road traffic accident?

As much evidence as you can get is the key to making a successful fatal road traffic accident claim*. Even the slightest piece of evidence can be crucial to making a fatal car crash claim.

Evidence to gather for a fatal road traffic accident claim*:

  • Photos of the accident scene
  • Photos of the damage to the car and any other car involved
  • The ambulance report from the scene of the accident
  • Evidence from Gardai, such as an accurate accident report
  • The names and numbers of any witnesses
  • A report from an independent road traffic accident expert
  • The name and number of anyone with DashCam footage
  • Photos of any skid marks on the road
  • Photos of any road works at the scene
  • Photos of the road surface
  • Photos of any injuries to you and other passengers
  • CCTV camera footage of the accident
  • Independent financial report on income to the home
  • Costs and expenses report due to losing a loved one

The more evidence you have, the better it will be for the claim.

Keep all the evidence secure and have it ready for making the compensation claim.

O’Brien & Company personal injury solicitors in Dublin will make sense of the evidence and make use of it for making the fatal road traffic accident claim*.

Frequently Asked Questions About Fatal Accident Claims

You have two years to make a fatal road traffic accident claim* under Irish law.

The two years only begin from the date of the death of a loved one, or from when you realise their death was due to an injury from being in the accident on the road.

Your solicitor will help with getting your claim made within the two-year limit.

No, you do not have to go to court with a fatal road traffic accident claim*.

In some cases, you may need to go to court, such as when the driver disputes the claim or when you are not offered sufficient compensation.

Your personal injury solicitor will advise you on when to go to court and can bring the court case on your behalf.

Yes, multiple members can make a claim for a fatal road traffic accident.

Your personal injury solicitor will know what to do and can advise how to make the fatal road traffic accident claim* for the family and dependents.

Fatal road traffic accident claims* can take up to two years, depending on the evidence and how quickly the other driver admits to causing the death of a loved one.

In some cases, the driver and their insurance company will dispute your claim, but having good evidence and a good personal injury solicitor can make all the difference.

There may be delays with making a claim to the MIBI or when the coroner takes time to do a full report.

The Injuries Board in Ireland is a statutory body established by the government to handle all personal injury claims, except medical negligence claims.

All personal injury claims, including those following a fatal road traffic accident, must go through the Injuries Board.

Your personal injury solicitor can make the claim to the Injuries Board for you.

Make a fatal road traffic accident claim* today

Make a fatal road traffic accident claim* today by contacting O’Brien & Company personal injury solicitors in Dublin.

We have the experience in fatal road traffic accidents and can fight your family’s claim to get compensation for the loss of a loved one in an accident on the road. 

O’Brien & Company Solicitors have the team in place to handle your compensation claim and will be with you at every step of the process.

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.