Pedestrian Accident Claims *

A pedestrian accident is a road collision involving both the person walking and a vehicle. Due to hindered vision and harsher weather conditions, the most likely time for pedestrian accidents to occur is at night and during the winter time when there is reduced sunlight. Pedestrian injuries * can occur for numerous different reasons. Every accident is different, in some accidents the driver of the vehicle may be held accountable due to him/her being negligent to the conditions of the road. If you or a family member has suffered an injury due to a collision with a vehicle, it is recommended that you talk to our team of personal injury solicitors *.

Causes of pedestrian accidents *

Pedestrians are more vulnerable to serious injury due to the fact they have no safety equipment and are without the protection of a vehicle. The number one cause of pedestrian accidents is due to reckless drivers willing to take unnecessary risks. Some of these include:

• Hit and run driver accidents
• Drunk drivers
• Drivers under the influence of drugs
• Drivers using mobile phones
• Drivers who ignored signals, pedestrianised crossing and traffic lights
• Lack of Awareness at  Zebra Crossings 

For more information about what to do after being involved in an accident that wasn’t your fault click here 

Types of Injuries

The consequences suffered from a pedestrianised accident * can vary depending on factors such as the type of vehicle involved, the speed at which the vehicle was moving and also the surrounding area of where the accident occurred (country road or in an urban area). Some of the injuries suffered from an accident can include:

• Broken limbs
• Head and brain injuries
• Back and neck injuries
• Paralysis
• Whiplash 

Making a Claim

1. Seek Medical Attention

The biggest priority is your own health and safety. Get treated and examined by a medical practitioner as soon as possible. Any contact information of emergency services workers present at the time should be obtained.

2. Notify The Gardai

Following a pedestrian accident, it is critical that the Gardai are called. If the injuries are serious the Gardai will take statements and photographic evidence from both parties.

3. Obtain Medical Records

Pedestrian accident claims * may need to include any medical records carried out by a GP at the scene or afterward. If psychological injuries were incurred reports from a psychiatrist are necessary.

4. Prepare case for Injuries Board

Pedestrian accident claims * must be passed through the Injuries Board for assessment before proceeding to settlement or to court. For more information on the Injuries Board application and assessment process, feel free to contact our dedicated personal injury * team.

How to avoid a pedestrian accident *?

Pedestrians can follow safety procedures to significantly reduce their chance of being involved in a pedestrian accident. Some of these steps include:

• Following the Green Cross Code
• Wearing coloured high-vis vests
• Keep a tight hold on pets
• Avoid using a mobile phone while near busy roads
• Cross the road only at designated pedestrian crossing areas .

Case Settlement

The settlement of a case will vary as each case will be different. Generally, the settlement procedure would work as follows (of course, this is subject to change and your solicitor will keep you informed at each stage of the process):

• Your solicitor will submit your claim to the Injuries Board for assessment
• The Injuries Board assess your case and revert with a suggested compensation amount
• You then decide whether to accept the amount suggested or to reject and move the next stage of the process
  • If both parties accept the compensation suggest, then your case will be settled at this point.
  • If one of both parties decline the suggested settlement amount then you move to the next stage of the settlement process
• In cases where the Injuries Board assessment is not agreed to, then legal proceedings are issued and your case moves forward to a court hearing.
• Before the court hearing, settlement talks do take place. In most cases, a case is resolved, settled and compensation agreed at the settlement talks before having to step foot into a courtroom.
• If your case is not settled at the settlement talks stage then your case moves to a court hearing where a Judge will make a decision on your case.

Settlement talks are a good opportunity for your legal team to talk to the other side’s legal team to settle any disagreements on what costs are to be awarded. Costs awarded usually consist of an amount for the injury itself and added expenses you may have incurred, these claims are called damages:

• General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following the incident and impact of the injury on your quality of life.
• Special Damages: Out of pocket expenses incurred as a result of the accident * for example, loss of earnings (if you were out of work), future loss of earnings for extended time out of work, medical bills, future medical bills, and any added travel costs as a result of the injury, for example, travel to and from the hospital.

Legal time limits

Claim time limits depend on the type of situation, the legal time limits to make a claim * can vary. For most cases, a person has two years from the date of the accident to make a pedestrian accident claim *. There may be exceptions made if the victim suffered a psychological injury that was diagnosed for weeks or months after the accident.  If a child is the victim of the pedestrian accident * they have two years to make a claim * from their eighteenth birthday.

Contact a pedestrian accident solicitor *

If you have suffered from a pedestrian accident injury *, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email ask@traceysolicitors.ie and to tell us about your case. If you rather we call you please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back.

With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.