Pedestrian Accident Claims

Pedestrian accident claims are common throughout Ireland with thousands of pedestrians being injured or seriously injured or in the worst-case scenario killed on our roads each year.

Pedestrians are particularly vulnerable road users as they lack the same physical protection as vehicle users.

We at McElhinney & Associates Solicitors have dealt with pedestrian accident claims ranging from the very minor to the most complex including life-threatening injuries, and fatalities.

If, in the last two years, you or a member of your family have been injured in a pedestrian accident that has resulted in an injury and left you out of pocket, you can contact our experienced solicitors at McElhinney & Associates Solicitors for advice on what to do next.

Call us now on 074 91 75989 or 01- 871 7571 or complete our online enquiry form or email us at admin@mcelhinneyassocaites.com

What is involved in a pedestrian accident claim:

A pedestrian accident refers to a pedestrian accident which involves a person on foot and a vehicle. For a claimant to be successful the pedestrian must show that the other party was to blame for the accident.

The more information that you are able to provide when making a pedestrian accident claim or a hit and run claim the easier it is to get your claim off the ground. It is important if at all possible, get the names, addresses, telephone numbers and insurance details of the driver involved. It is also particularly helpful if you can photograph the scene of the accident and the location, take the names and addresses of any witnesses to the accident.

If the driver of the vehicle left the scene, i.e. a hit and run, it may still be possible to make your claim by pursing the MIBI. You can contact our experienced solicitors at McElhinney & Associates Solicitors for advice in relation to pursuing an uninsured or untraced driver.

How do I make a pedestrian accident claim?

If you are able to obtain all the information as mentioned above then you should make contact with a solicitors firm who has extensive experience in pedestrian accidents such as McElhinney & Associates Solicitors.

We will take all the information from you, we will contact the insurers for the other driver. We will make contact with your GP to obtain a medical report setting out the extent of your injuries and we will then lodge an application with the Personal Injuries Assessment Board on your behalf.

How long after an accident must I make a claim:

It is really important that you begin to investigate the claim as soon as possible and as soon as you are physically well to do so. This is because details from an accident can be lost such as a road layout may change or vehicles can be fixed before they are photographed. The nature and extent of the damage to each vehicle can be a very important piece of evidence in determining how the accident happened.

If you have had an accident, be it a pedestrian accident, workplace accident, slip trip or fall, there has always been an obliged on you to serve a letter of claim on the responsible party, setting out the cause of your action and details of the injury suffered by you.

Section 13 of the Central Bank (National Claims Information Database) Act 2018, which took effect from the 28th of January 2019, states that any Plaintiff who wishes to bring personal injury proceeding must serve a letter of claim within one month from the date of the accident. If they fail to do so and the case is ultimately heard by a Judge, then that Judge “shall” draw such inferences as appear proper and either refuse to award legal costs to the Plaintiff or reduce the costs, where the interests of justice so require.

So therefore, any person intending to bring a personal injury action must immediately make contact with your Solicitor following the accident, otherwise, it is mandatory for the trial Judge to impose adverse consequences on the Plaintiff.

You do have two years from the date of the accident to lodge your claim with the Personal Injuries Assessment Board, however, you must now serve your warning letter on the other party within one month from the date of the accident.

How is compensation assessed:

Compensation for injuries is often referred to as damages. Damages can be divided into general damages and special damages. General damages are the amount of money to compensate you for the pain and suffering that you have endured as a result of the injury together with compensation for any inconvenience and loss of amenity.

General damages can also be assessed for pain and suffering into the future.

The Injuries Board has a book of quantum which provided a guideline for the range of values ascribed to particular injuries.

In addition to general damages, special damages may also be awarded. Special damages are items that must be paid to put somebody back in the same financial position that they were prior to the accident or injury taking place. The most common item of special damage claimed by a Claimant is loss of earnings. This would cover past loss of earnings up to the date of the claim and also any future loss of earnings.

Other items of expenditure can also be recovered, for example GP visits, specialist treatment, pharmacy costs, travelling expenses, physiotherapy expenses, nursing care, aids and appliances that might be required as a result of the injury.

It is so important that a Claimant retains receipts for any item of expenditure incurred by them. The Injuries Board and the court require “vouching documentation” i.e. receipts if they are to deal with these expenditure claims.

How Do I Know if my Assessment is Appropriate?

There is no easy answer to this question. If you have consulted the Injuries Board book of quantum you will have an idea of the range of values within which your injury falls.

Claimants should be very careful that if their prognosis is not yet final. If the prognosis is not final you may require further surgery or further treatment into the future, however, if you settle your claim then you have no right to re-open that case again no matter what further surgeries or interventions you require.

In order to decide whether the assessment is appropriate for your injuries, you should defer to your solicitor who has years of experience of settling these cases and will be able to assist you in placing a value on your case.

How can a pedestrian accident claim be avoided:

Pedestrians have an obligation to follow the rules of the road and to take care of their own safety. Therefore, a pedestrian accident claim can be avoided by the following:

• Wearing reflective clothing particularly at night and in winter months.
• Avoiding being distracted by the use of mobile phones whilst walking on busy roads.
• Maintain focus on your surroundings and be vigilant to the approaching traffic.
• If you are walking with pets or children keep a tight hold and ensure they are not near the path of the approaching vehicles.