A side impact collision claim occurs when one car hits the side of another car. Side impact collisions usually occur from care merging into another car's lane, proceeding through a cross roads or junction without yielding to oncoming cars.
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All road users have a duty of care to ensure that they are driving safely and do not cause harm to those around them in another vehicle. If you are thinking about making a side impact collision claim you must first be able to prove that you were not responsible and that the accident was caused by another person. In these claims, it can be difficult to determine who was at fault so it is important to gather as much information as possible at the time of the accident.
Speeding is a common cause of many road traffic accidents as drivers may not have enough time to react in certain situations if they are driving over the designated speed limit. It is important that drivers obey the rules of the road in relation to this as they are putting both their own and other road user’s lives at risk.
Dangerous driving can lead to collisions leaving people with serious injuries. Acting negligently while driving can lead to injuries such as concussion and brain damage. While using the roads it is important that you respect other road users and their health and safety.
According to recent statistics published by the AA, just over 7.5% of drivers in Ireland break a red light occasionally. This is a common occurrence which can lead to a collision as it is not up to other road users to anticipate these actions. There is a common expectation that all rules of the road will be followed and failing to obey traffic lights can put the safety of others at risk.
Ireland is among the highest alcohol consuming countries in the EU and 38% of road traffic accidents have involved drivers who have been under the influence. Alcohol and drugs can impair your ability to drive in a safe manner and can increase the risk of being involved in a road traffic accident. If you drive under the influence of alcohol you are 6 times more likely to be involved in a collision.
This is one of the most common causes of side impact collisions. Those who have been driving for longer distances are more at risk of becoming tired during the journey as they are expected to concentrate on their actions at all times. Fatigue can lead to slower reaction times and reflexes. In more serious cases the driver may fall asleep at the wheel leading to an accident.
There is a universal expectation that all road users will follow the rules of the road at all times. There are times when people do not obey these rules and this is when accidents occur.
Once the dust has settled and you have ensured that you and other people involved are ok, your next step is to call the emergency services and then begin to assemble evidence to support your claim. If you do not have any of these when you speak to a solicitor, your solicitor can help you in gathering this evidence when submitting your claim. Types of evidence that may help are:
If the Gardaí do not show up to the scene, you can go to your local Garda station and report the accident and request a copy of their report.
It is important not to move the cars after the accident, unless necessary. Take photos of the cars as they are showing the impact area and include any surrounding signs, for example, if there was a stop sign or traffic lights close by.
If there were any witnesses to the accident, take their contact details and a statement from them on how the accident happened.
Following a road traffic accident, whether as a driver, passenger, pedestrian or cyclist, there are a number of steps you should follow:
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.
It is important that you gather all the relevant information in connection with your accident:
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.
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.
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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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.
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:
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.
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.
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.
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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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 are non-financial damages such as pain and suffering and/or physical and emotional injuries following a road traffic accident.
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 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.
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 LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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