Road Traffic Accident Claims

Being involved in a road traffic accident can affect your health, your finances, and your day-to-day life. If you were injured because of another road user’s actions, you may be entitled to claim compensation. Our personal injury team offers supportive, straightforward guidance to help you understand your position.

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Pursuing a Compensation Claim Following a Road Traffic Accident

With more than 30 years of experience in personal injury, the team here at McCarthy + Co Solicitors LLP advises injured road users across Ireland, whether they were driving, a passenger, cycling, or on foot. We provide clear, practical guidance at every stage of the claims process.

Most road traffic claims arise where another road user has failed to drive with reasonable care. Common examples include:

careless or inattentive driving, including driver distraction;
speeding, or driving too fast for the conditions;
failing to yield, or to obey signals and road signs;
unsafe overtaking, or opening a car door into the path of a cyclist; and
driving under the influence of alcohol or drugs.

Road traffic accidents can result in anything from minor soft-tissue injuries to serious, life-changing conditions, and every case is considered on its own circumstances. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

Types of claims we assist with

We advise injured road users across a range of accident types, including:

Car accidents – For drivers and passengers injured in a collision caused by another road user.
Cycling accidents – For cyclists injured through the negligence of another road user.
Motorbike accidents – For motorcyclists injured in a collision.
Public transport accidents – For those injured while travelling on a bus, train, tram, or other means of public transport.

We also provide legal support to pedestrians injured in collisions with any of the above types of vehicles.

What to do after a road traffic accident

The steps you take immediately after a collision can protect both your safety and any future claim. As far as it is safe to do so:

check yourself and others for injuries, and call 999 or 112 if anyone is hurt or there is any danger;
move to a safe place away from traffic, moving vehicles only where it is safe, and there is no serious injury;
exchange names, addresses, phone numbers, vehicle registrations, and insurance details, noting the registration at a minimum if the other driver is uncooperative;
take the names and contact details of any independent witnesses;
photograph the vehicle positions, the damage, the road layout, signage, and any skid marks or debris; and
report the accident to the Gardaí, particularly where someone is injured, a driver leaves the scene, or you suspect intoxication or dangerous driving.

Even if you feel mostly well, see your GP or attend the emergency department if you have any symptoms, since shock can mask injuries and medical records are important evidence. Try not to admit fault at the scene, as liability is properly assessed later from the evidence.

“Thank you to Ciara and Liam for their amazing work and making a daunting process so smooth. The communication from the whole team has been excellent and I have already recommended you to several friends. 10/10!”

Shauna Fitzgerald

Call us Freephone to Discuss Your Case:

1800 390 555

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you have been injured in a road traffic accident that was not your fault, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to road accidents. You can also view our video FAQs here.

How does the claims process work?

Most road traffic injury claims must first be submitted to the Injuries Resolution Board. You must also notify the other party in writing within one month of the accident, under Section 8 of the Civil Liability and Courts Act 2004. The Board assesses the claim on medical and other evidence. If neither side accepts the assessment, the Board issues an authorisation allowing the claim to proceed to court.

What if the other driver was uninsured, or did not stop?

You may still be able to claim. The Motor Insurers’ Bureau of Ireland deals with claims where the driver responsible was uninsured or cannot be traced, such as after a hit-and-run, subject to certain conditions and time limits. Prompt reporting to the Gardaí and early legal advice are especially important in these cases, so speak to a solicitor as soon as you can.

How is compensation calculated?

Compensation has two parts. General damages, for the pain and the effect on your life, are assessed using the Personal Injuries Guidelines, which set the brackets for injuries including soft-tissue neck injuries such as whiplash. Special damages cover your financial losses, such as lost earnings, medical costs, and vehicle-related expenses. The amount depends on the nature and severity of your injury and its effect on your life.

Should I admit fault if I think I caused the accident?

It is best not to. Keep the exchange at the scene calm and factual, and focus on safety and gathering information. Fault is assessed later from the evidence, and even where you were partly responsible, you may still be able to claim, with any award reduced to reflect your share of the blame under the Civil Liability Act 1961.

How long do I have to make a claim?

In most cases, two years from the date of the accident, or from the date you became aware of your injury. For children, the two years generally run from their eighteenth birthday. Because evidence is best gathered early, and the notice to the other party should be sent within one month, it is wise to take advice promptly.

When should I contact a solicitor?

As soon as you reasonably can. Early advice helps you preserve evidence, manage communications with insurers, and make sure the correct process is followed. We can take on the claim, and the dealings with the Injuries Resolution Board and the insurers, on your behalf.