Pedestrian Accident Claims

What is a Pedestrian Accident Claim?

Understanding Pedestrian Accidents

A Pedestrian Accident Claim is a legal process in which a pedestrian injured in an accident due to someone else’s negligence seeks compensation for their injuries.

While pedestrians encounter risks from various road users, most legal claims involve incidents with motor vehicles.
Crucially, the accident was caused by the driver's failure to follow traffic laws, lack of attention, or reckless behaviour.

Pedestrian accidents frequently result in serious injuries, ranging from broken bones to psychological injuries and trauma. If you’ve been involved in a road traffic accident as a pedestrian, you may be entitled to compensation for damages such as pain and suffering, medical costs, and loss of earnings.

Common causes of Pedestrian injuries

Pedestrians face unique risks when navigating roads and shared spaces, especially where motor vehicles and eScooters are present.

The claim types most typically associated with pedestrian accident cases are:

Pedestrian accidents at junctions:
Accidents caused by drivers failing to give way to pedestrians crossing at junctions.

Driving without due care and attention:
Claims arising from distracted driving, such as using a mobile phone, where a driver hits a pedestrian legally crossing the road.

Drivers under the influence:
Accidents caused by drivers impaired by alcohol or drugs, such as running a red light, failing to stop in time or mounting a pavement.

Reversing accidents:
Claims arising from drivers failing to check blind spots while reversing, leading to collisions with pedestrians. These can occur in shopping centre car parks, driveways and public roads.

Poor weather conditions:
Accidents caused by drivers failing to adjust to wet or icy roads, resulting in hitting a pedestrian due to reduced stopping distances.

Speeding incidents:
Claims arising from speeding, where drivers/cyclists cannot react quickly and hit pedestrians crossing the street.

Ignoring traffic signals:
Accidents caused by drivers or cyclists running red lights or ignoring pedestrian signals, resulting in collisions with pedestrians.

When to make a claim for compensation as a pedestrian

If you’ve been injured as a pedestrian, seeking legal advice early can help ensure all necessary steps are taken within the required time limits.

Acting promptly ensures that your Solicitor can gather crucial evidence such as vehicle registration numbers, witness statements, and garda reports, which are vital for supporting your case.

How to make a claim for a pedestrian accident

Steps to Bring a Compensation Claim

1. Report the accident:
   The first step is to report the accident to the gardai and obtain a report. This will be crucial when submitting your claim.

2. Seek medical attention:
   Ensure you receive immediate treatment for your injuries. Retain all medical reports and receipts, as these documents are essential in establishing the extent of the personal injuries sustained and are used to evaluate appropriate levels of compensation.

3. Gather evidence:
   Collect information such as the date of the accident, details of the incident, and photographs of the accident scene. If your injury involved a vehicle, record the registration number of the vehicle involved. Your solicitor will ask for these when assessing your claim.

4. Contact a Solicitor:
   A specialist in personal injury claims can help you move forward with your claim by offering expert advice and legal services. They will follow the process of gathering evidence, liaising with insurance companies, and handling the necessary documentation.

5. Submit Your Claim:
   Your solicitor will submit the claim to the Injuries Resolution Board (IRB) (previously called the Personal Injuries Assessment Board (PIAB)), which handles the majority of personal injury cases in Dublin. They will assess the claim and provide a recommended award or settlement amount.

The Role of a Solicitor in the Claims Process

A Solicitor with experience of Personal Injury law can be invaluable when pursuing a claim and will ensure that you’re fully supported throughout the claims process.

They can help prevent unnecessary delays and accurately estimate compensation levels appropriate to your circumstances. They ease the burden by managing complex legal procedures and advocating for your rights every step of the way.

Documentation needed to support your Claim

To strengthen your case, you should aim to gather supporting documentation such as

Receipts and Invoices for Medical Expenses: Receipts for treatments, medications, consultations, and therapies related to your injury.

Proof of Loss of Earnings: If your injury caused you to miss work, provide payslips or employer statements showing your lost income.

Proof of Additional Costs: This can include travel expenses to medical appointments, home care needs, or equipment required for recovery.

Correspondence: Any letters, emails, or written communication related to the claim, whether with the insurance company, your employer, or legal representatives.

Physiotherapy or Rehabilitation Reports: If your treatment plan includes physical therapy or rehabilitation, these reports document ongoing recovery and impact.

Expert Opinions: Depending on the severity of your injuries, an independent medical examiner’s report might be necessary.

What Types of Damages Can Be Claimed in a Pedestrian Accident?

Understanding Compensation Types

In cases of serious pedestrian accidents, compensation typically covers both General and Special damages. General damages are considered non-financial losses while Special damages are financial losses incurred by a claimant.

General Damages (non-financial losses)

• Pain and Suffering:
  Compensation for physical pain, emotional distress, and diminished quality of life. This can also cover psychological trauma (e.g., anxiety, depression, PTSD) as outlined in the Personal Injuries Guidelines 2021.

• Permanent Disability or Disfigurement:
  Compensation for long-term or permanent effects of the injuries, such as physical disability or visible scarring.

• Loss of Enjoyment in Life:
  Covers the negative impact on the victim’s ability to enjoy daily activities or hobbies due to the injury.

Special Damages (financial losses)

• Medical and Rehabilitation Expenses:
  This covers costs for hospital visits, surgeries and medication. Longer-term costs should also be considered, such as ongoing treatment, rehabilitation, and potential future medical and future surgeries.

• Lost Wages and Future Earnings:
  Compensation for income lost due to time off work and any reduction in future earning potential.

• Transportation and Care Costs:
  This covers travel expenses for medical appointments and care, including in-home assistance, caregiving, and necessary home modifications (e.g., ramps or specialised equipment). Compensation should also consider family members or hired caregivers who assist with daily activities if the claimant cannot care for themselves.

• Property Damage:
  Compensation for the repair or replacement of personal belongings damaged in the accident.
  
  
• Legal Fees:
  In some circumstances, legal fees and court costs may be covered as part of your personal injury claim. It's essential to consult with your Solicitor about these fees, as a reputable Solicitor will be able to provide a clear and transparent fee structure. Understanding the costs involved will help you make informed decisions as you navigate your claim.

Factors affecting Your Compensation Claim

The amount you may receive in compensation depends on:

• The severity of the personal injuries sustained
• The long-term impact of the injury on your life, including both physical and psychological injuries.
• Whether the accident happened as a result of someone else’s negligence
• The evidence presented, including medical reports and witness statements

How to calculate your claim amount

A solicitor with experience in pedestrian accident claims will assess your situation thoroughly and ensure that all relevant factors are considered when determining compensation awards.

Compensation is based on:

• Medical assessments and expert reports
• Financial losses, including current and future costs
• Previous awards for similar personal injury cases
• Compensation ranges are determined by the Personal Injuries Guidelines 2021

What is the Statute of Limitations for Pedestrian Accident Claims?

Time limits for filing a Personal Injury Claim in Ireland

In Ireland, the statute of limitations for making a personal injury claim is generally two years from the date of the accident or the date of knowledge (when you became aware of the injury and its cause). It is important to seek legal advice as soon as possible to avoid missing this legal time limit.

Implications of Missing the Statute of Limitation

If you fail to claim within the prescribed time limit, your case may be dismissed by the court, leaving you unable to recover compensation.

This is why contacting a solicitor as soon as possible after an accident is advisable.

How to Ensure You Don’t Miss Your Deadline

To avoid missing your deadline:

• Keep track of all relevant dates, including the date of the accident and the date of knowledge.
• Regularly communicate with your solicitor to stay informed about the progress of your claim.
• Ensure all necessary documentation is submitted to the Personal Injuries Assessment Board on time.

When should you contact a Solicitor for a Pedestrian Accident Claim?

Signs you need an accident Solicitor

It’s advisable to contact a solicitor if:

• Your injuries are severe and require long-term care or have led to significant life changes.
• Your injuries are less severe, but you require medical attention or compensation for lost wages, medical expenses, damage to personal property or other financial losses.
• You were involved in a road traffic accident, and the responsible party disputes liability.
• You are unsure how to proceed with a personal injury claim or need help understanding your legal rights.

Benefits of hiring a Solicitor with experience in Pedestrian Accident Claims

Solicitors with specialist experience in personal injury law bring a wealth of knowledge, ensuring your claim is handled professionally and efficiently. They can negotiate better outcomes and reduce the stress of the claim process. Additionally, a solicitor that specialises in contentious business will be well-equipped to handle disputes over liability or compensation amounts.

How to choose the right Solicitor for your case

Look for solicitors who:

• Are experienced in pedestrian accident claims and can provide expert advice and legal services.
• Can provide a clear and transparent outline of any/all fees where applicable
• Are responsive and empathetic, helping to guide you through what can be a challenging time.

Call Us to Discuss Your Case

If you’ve been involved in a pedestrian accident and want to move forward with your claim, our experienced solicitors are here to help.

Contact us today for expert advice and legal services, and let us assist you with your claim. We’re here to assist in determining the best course of action for your claim.