According to the Road Safety Authority, pedestrians were the second largest road user casualty group in the years 2006 to 2015. If you, or one of your loved ones, has been involved in a serious accident as a pedestrian, you may be wondering if it is possible to bring a claim against the party responsible for the incident.
On this page, you will find general guidance regarding pedestrian accidents and injuries, together with advice on how to bring a claim when a third party is at fault.
Bringing a claim for negligence
If you have been injured as a result of being struck by a car, truck, cyclist or some other type of vehicle, you may have the grounds to bring a compensation claim if you can successfully prove that the accident was the fault of the third party. In order to bring a successful pedestrian accident claim, it can help if you are able to document as much detail of the incident as early as possible.
The following details can be highly beneficial from the outset of the claims process.
- A written description of the incident – dependent on the severity of the injury you sustained, this may not be possible to document soon after the accident. However, where possible, it is advisable to write down your perception of the events as early as you can after the incident occurred. This ensures that you do not forget any important details regarding what happened.
- Photos of the accident scene – again, dependant on the severity of your injuries and whether it is safe to do so, you may want to attempt to photograph or video details of the accident scene. Video or photographic recordings of the vehicle(s) involved, the registration number of the vehicle(s), and the testimony of witnesses, may help to further your case. These days it is easy to document this type of activity using your mobile phone.
- Ask witnesses to provide their contact details – in addition to video testimony from witnesses, if they are willing to give that, you should also try to document their phone numbers and email addresses where possible. If your injury resulted in concussion or incapacitation, you should contact the emergency services to ask for any details they have of the incident.
- Record the details of other drivers involved – if your injury does not prohibit it, you should ensure that you take a note of any drivers’ details including their name, address, phone number, and their insurance company. Again, if you are unable to do this, you should be able to retrieve any of the necessary details from the emergency services that attended the incident.
Here at McCarthy + Co, we have assisted many individuals in bringing successful pedestrian accident injury claims against negligent third parties.
Scenarios where you may have a basis to bring a claim include:
- An injury sustained whilst attempting to walk over zebra or pelican crossings
- An injury caused by a driver exceeding the speed limit
- An injury caused by a driver under the influence of drink or drugs
- An injury caused by a ‘road rage’ driver or other forms of dangerous driving
- An injury caused by negligence on the part of the driver, such as the use of a mobile phone
- An injury caused by a collision of two or more vehicles
- An injury caused as a result of a vehicle being illegally parked or used in a way that clearly breaks the law in Ireland.
There are likely to be many other types of scenarios where you can legitimately bring a claim for negligence against the driver of another vehicle. Speak to one of our specialist personal injury claims solicitors today for further advice.
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including road traffic accidents. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork, but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance on any form of personal injury.
If you have sustained an injury whilst using a road or stretch of pavement as a pedestrian, get in touch with our specialist road traffic accident solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on firstname.lastname@example.org and we will get back to you as soon as we can.
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