Car Accident Claims

Drivers, passengers, and pedestrians are all entitled to make a personal injury claim if they have been injured in a road traffic accident as a result of the negligence of another driver.

Given the wide variety of circumstances in which a car accident can occur, it is worth speaking to a personal injury solicitor to establish if you might have grounds to make a claim.

Road traffic accidents are many and varied, and there are different types of collisions which will involve different questions of liability depending on how negligence contributed to the crash.

When your car is struck in the rear it is usually considered the liability of the driver behind you. Drivers are required to keep a safe enough distance from the vehicle in front of them to brake in an emergency.

When another vehicle hits your car in the side, often when merging with traffic, entering a roundabout, or entering from a junction. Liability in a side-impact collision is often a question of which driver was required to yield.

Often extremely dangerous due to the amount of speed potentially involved, these can involve two vehicles striking each other, or a car striking a stationary object. Head-on collisions can result in extremely serious injuries or death.

Passengers in a vehicle can be at greater risk of injury in the event of an accident, as they are less likely to be paying attention to the road and traffic, giving them less time to prepare or brace for a collision. However, if a passenger was not wearing a seatbelt at the time of the collision, it may count as contributory negligence, reducing the amount of compensation they could be entitled to.

Road Traffic Accidents on a roundabout most often happen when errors are made by drivers entering or exiting the roundabout. Drivers unfamiliar with roundabouts may cause accidents attempting to join when there is oncoming traffic, or cutting across lanes when exiting.

Even small accidents can potentially result in serious injuries. Height, weight, and the location of car occupants all play a role in how seriously a crash can impact them. Do not assume that everyone is fine just because there is little damage to a car from a low speed collision.

There are a wide range of injuries of different severities which people who have been in a car accident might suffer from. They include:

Compensation for any car accident will vary greatly from one crash to another, depending on issues such as the severity of any injuries, material damages, and ongoing costs. 

Speaking with an experienced personal injury solicitor is the best way to get an estimate of how much compensation you may be eligible for.

Damages awarded in a Road Traffic Accident Claim are broadly divided into General, Special, and Material Damages.

Contributory negligence, for not wearing a seatbelt, can have a significant impact on the outcome of a car accident claim. 

While it does not prevent you from making a claim if you were not responsible for the crash, it will likely result in a reduction of the amount of compensation awarded.

The majority of traffic accidents will involve an element of human error leading to the collision. Drivers are required to follow the rules of the road, and the most common factors leading to a car accident can also influence who is liable.

In order to make a successful claim you must be able to show that the other driver was negligent in their obligations to other drivers, such as failing to obey the rules of the road.

Speed is a factor in the majority of traffic collisions which result in serious injuries or death, and if a driver was going in excess of the speed limit at the time of the collision, it will certainly be a factor in liability.

It is illegal for any driver to be over the legal limit for alcohol, or to drive under the influence of illicit drugs, or by abusing prescription drugs.

Many accidents involving merging traffic at a junction or roundabout can involve a driver failing to yield to oncoming traffic or misjudging their ability to merge.

It is extremely important that a driver be well rested and aware while behind the wheel. Driving while overtired can result in poor judgement, with the potential to cause a car accident through a simple mistake.

Using a mobile phone while driving is both illegal and highly distracting for a driver. If their attention is split between the phone and road, a driver is more likely to make a mistake that will lead to an accident.

Drivers are required to keep a safe distance from the car in front of them, enough that they will be able to stop in the event that the other vehicle brakes suddenly. Tailgating, driving too close to the vehicle in front, can lead to rear-end collisions.

Poor weather conditions such as wet or icy roads, or reduced visibility from rain or fog can make driving more dangerous.

If the road is in poor conditions, with an uneven or dangerous surface, it can make it harder for drivers to retain control. Faded road markings could also result in drivers crossing lanes without realising, or overtaking when they shouldn’t.

While in the majority of cases compensation in a car accident claim will be handled by the liable party’s insurance company, making a claim can be more challenging if you’re in an accident involving an uninsured driver.

Fortunately, the Motor Insurers Bureau of Ireland (MIBI) exists for the purpose of dealing with accidents where it is not possible to make a claim to the other party’s insurance company. 

Every insurance policy in Ireland pays a contribution to MIBI for the purpose of compensating people in the event of a collision involving an uninsured or unidentified driver.

Hit and Run accidents can be tricky to make a claim for compensation, as in many cases the responsible driver may not be identified.

In the event of a Hit and Run with an unidentified driver, or one who is later found to be uninsured, it may be possible to make a claim to the MIBI for damages and medical bills.

There are a number of steps which should be taken in the aftermath of a car accident in order to take care of yourself, and get a better resolution to any following claim.

The more evidence you have to support your case in a road traffic accident claim, the more likely it is that a case will settle in your favour. Some evidence is essential, such as the full details of the other driver, but there is plenty of other evidence that can help your case.

Once you have gathered the information relevant to your accident it is time to proceed with a personal injury claim, which is best achieved with an experienced solicitor as a legal advisor.

As a rule of thumb, there is a two year time limit to bring forward a personal injury claim. But the clock doesn’t always start running immediately.

In the event of a road traffic accident that two year period could start immediately after the accident, or it could be after you are diagnosed with an injury/condition which is attributed to the accident. Not all damage will present immediately.

In the event of a hit and run the two year timer could start when the guilty party in the collision is identified. If a child involved in an accident chooses to wait until they turn 18 to make a claim on their own behalf, then that is when the two year limit will commence.

All of this is why it is important to seek legal advice on your case, and the sooner the better.

It is possible to make a personal injury claim on behalf of another individual in certain cases in the event of a road traffic accident. An adult, usually a parent or guardian, can make a claim on behalf of a minor.

In the event of a fatal accident, the dependents of the deceased may also make a claim on their behalf. Only one claim can be brought against the party at fault in relation to the death.