Road Traffic Accidents*

We can help with your Road Traffic Accident Claim*

If you have been injured in a road traffic accident then you may be able to make a claim for any personal injuries sustained and expenses incurred.

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Road Traffic Accidents

Traffic Accidents in Ireland

Road traffic accident claims are an all too common occurrence in Ireland and can happen for a number of different reasons. It comes as no surprise that car crash claims are the most common of all personal injury claims presented to solicitors and to the Injuries Board.

Common Accident Claims

    Am I Entitled to Claim?

    Being involved in a road traffic accident, as a driver, passenger or pedestrian can be a traumatic experience, regardless of how serious the incident was. If the cause of the road traffic accident was not your fault then you may be entitled to claim any personal injuries sustained and any additional expenses incurred as a result of the accident, amongst others.

    What to do after a road traffic accident?

    Following a road traffic accident, whether as a driver, passenger, pedestrian or cyclist, there are a number of steps you should follow:

    1. Seek medical attention

      Your health is your wealth and should be your first priority. Immediately after a road traffic accident, take a second to assess yourself to determine if you have any injuries. Then check if any passengers or anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene.

      For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

    2. Gather all relevant information at the scene

      It is important that you gather all the relevant information in connection with your accident:

      • Details of another driver(s)/people involved: name, address, contact information, vehicle registration number and vehicle insurance information. You can also offer your own information to the others involved in the accident.
      • Name and contact details of any emergency service workers at the scene – paramedic/Gardaí.
      • Take a picture of the scene and damage to all vehicles involved from different angles; this will help your solicitor understand how the accident happened.
      • If there are any CCTV recordings of the accident, such as CCTV cameras in a nearby shop, for example, you should try to obtain this footage.
      • Dash Cam footage – if you have any.
      • Record the time and date of the accident.
      • Weather conditions at the time.
      • Receipt for repairs of damage to your vehicle.
      • If possible, try to collect the contact details of anybody that witnessed the accident. This may be of use if you do decide to pursue a road traffic accident claim.

    3. Report the incident to the Gardaí

      Regardless of how minor or serious the road traffic accident was, it is important that you call the Gardaí to report the accident immediately.

      For minor accidents, the Gardaí may tell you that they will not be attending the scene. In this scenario, the appropriate information should be exchanged. In these cases, it is also important that you visit your nearest Garda station to request that they take details of the accident and to take your statement about the accident.

      For more serious road traffic accidents, where an ambulance has been called, the Gardaí may arrive at the scene to assess, take statements from the people involved and any witnesses.

    4. Contact your insurance company

      If you are the driver of the vehicle involved in a road traffic accident it is important to inform your own insurance company so they have a record of the accident.

    5. Speak to a road traffic accident solicitor

      If you are considering moving forward with a road traffic accident claim for any personal injuries sustained it is advisable that you speak with a road traffic accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A road traffic accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

      It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or Garda reports, where possible as you will need them when making a claim.

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    We Look After Your Case

    At Tracey Solicitors LLP, we are passionate about helping our customers focus on their recovery from road traffic accidents, while our team of solicitors and legal executives navigate the legal world for them, to bring their case to a close.

    How do I make a claim?

    Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist road traffic accident solicitor to help you with this.

    1. Prepare information for a solicitor

      When you decide you want to move forward with your road traffic accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

      • Date of the accident
      • Location of the accident
      • Details of the party at fault – including their name, address, contact information, vehicle registration number, insurance information. If the other party left the scene and you were unable to get their details – don’t worry there are still options for you to pursue a case
      • If any emergency services attended the scene, and their details
      • Specifics of what happened
      • Details of your injuries
      • Any pictures you may have taken of the scene of the accident and/or your injuries
      • Details of any witnesses
      • If there may be CCTV in the area that may have caught the accident on tape
      • Hospitals/Doctors attended with your injury

    2. Solicitor becomes your trusted advisor

      As a solicitor is aware of the road traffic accident claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

    3. Solicitor obtains a medical report

      One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or Hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.

    4. Solicitor prepares the Injuries Board application

      As soon as your solicitor has gathered all the information, your road traffic accident claim will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

      At this point one of two scenarios will unfold:

      a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

      b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

    5. Possible case outcomes

      Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

      Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.

    At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your road traffic accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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    Case Settlement

    If you are to proceed with a road traffic accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.

    General Damages

    General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a road traffic accident.

    Special Damages

    Special damages are out of pocket expenses incurred as a result of the road traffic accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.

    Material Damages

    Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

    Mariola’s Story

    Mariola was travelling with her young family when they had a head-on collision. All of her family were very badly injured in the car crash. All details of the accident claim were explained to her in Polish and English by Tracey Solicitors LLP.

    “The Tracey team take care of all the legal worries. I was very grateful for all the help and support.”

    How to establish liability after an accident?

    If you aren’t sure which party is at fault when involved in a road traffic accident take the following factors into account:

    • In the majority of circumstances, liability is held with the party who collided with the vehicle in front of them.
    • If you couldn’t predict the collision and feel like there was nothing more you could have done (on top of the right steps already carried out) to avoid the collision you may not be held liable.
    • How quick did people react to changes in circumstances whilst driving? Were they distracted in doing something else that took their concentration off the road?
    • Is there any evidence? Is there any proof in showing liability, such as witnesses and dashboard cameras etc.? This can be vital when establishing who was at fault in causing a road traffic accident.

    What are the Legal Time Limits?

    The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

    Learn more about Time Limits

    Common Causes of Road Traffic Accidents

    According to the Injuries Board, road traffic accidents are the most common source of claims. 75% of the settlements in Ireland are awarded as a result of car crashes. The most common factors that lead to serious personal injuries and fatalities on the road are:

    • Speeding
    • Hazardous Weather
    • Fatigue
    • Merging Traffic
    • Driving Under the Influence
    • Texting Whilst Driving

    These are all through the negligence of the other party involved, which can lead to these most common road traffic accident claims:

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      Call us today on +353 1 649 9900 or contact us online.

      Common Road Traffic Accident Injuries

      Being involved in a road traffic accident, as a driver, passenger, pedestrian or cyclist can be a traumatic experience, especially if you have suffered any personal injuries. The most common injury claims that can occur after a road traffic accident are:

      Learn more about Injury Claims

      About Tracey Solicitors LLP

      We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.

      We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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