Road Traffic Accident Claims
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Road traffic accidents can have a profound impact on the lives of those involved, often resulting in significant physical and psychological injuries.
A road traffic accident claim is a type of personal injury claim. If you suffer an injury in a vehicle accident that was not your fault, then you are entitled to seek compensation for your injury.
Michael Kelleher Solicitors is dedicated to helping individuals navigate the complexities of road traffic accident claims with expertise and compassion. We have extensive experience in road traffic accident claims and offer a compassionate approach and expert advice on the next steps.
What is a road traffic accident claim?
A road traffic accident claim is a specific type of personal injury claim that seeks to compensate you for injuries that you have sustained in a road traffic accident that was not your fault. To establish a personal injury claim following a road traffic accident, it is necessary to demonstrate that the injury was caused by another party’s negligence.
Duty of care
Every road user, whether a driver, cyclist, or pedestrian, has a duty of care to act in a manner that does not cause harm to others. This includes adhering to traffic laws, maintaining control of their vehicle, and being aware of their surroundings.
When a road user breaches this duty of care, they may be held liable for any resulting injuries or damages.
Negligence
Negligence occurs when a road user fails to meet their duty of care, leading to an accident. To establish negligence in a road traffic accident claim, the following elements must be proven:
- Duty of Care: The defendant owed a duty of care to the claimant.
- Breach of Duty: The defendant breached that duty through their actions or omissions.
- Causation: The breach of duty directly caused the claimant’s injuries or damages.
- Damages: The claimant suffered actual harm or loss as a result of the breach.
Causation
Causation links the defendant’s breach of duty to the claimant’s injuries. It must be demonstrated that the injuries would not have occurred but for the defendant’s negligence. This often involves presenting evidence such as medical reports, witness statements, and expert testimonies.
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Common road traffic accident injury claims
Personal injuries that lead to road traffic accident claims encompass a broad range of physical and psychological harm suffered by individuals due to another party’s negligence.
Understanding what constitutes a personal injury and the various types of injuries that can occur is crucial for determining the viability of a claim and ensuring that victims receive fair compensation.
Physical Injury claims
Physical injuries from road traffic accidents can vary in severity, from minor cuts and bruises to life-threatening conditions. Common physical injury claims include:
This is one of the most common injuries resulting from road traffic accidents. It occurs when the neck is suddenly and forcefully thrown forward and then backward, causing strain to the neck muscles and ligaments. Symptoms include neck pain, stiffness, and headaches.
The impact of a collision can cause various back injuries, ranging from minor sprains and strains to severe spinal cord damage. Symptoms can include pain, limited mobility, and in severe cases, paralysis.
These can range from mild concussions to traumatic brain injuries (TBIs). Even a minor blow to the head can have serious consequences, and symptoms might not be immediately apparent. Head injuries can lead to long-term cognitive and physical impairments.
High-impact collisions often result in broken bones. Commonly affected areas include the arms, legs, ribs, and pelvis. Treatment can involve lengthy medical procedures and rehabilitation.
These injuries affect muscles, ligaments, and tendons. They include sprains, strains, and bruises, which can cause significant pain and limit mobility.
The force of a crash can cause internal damage to organs such as the liver, spleen, and kidneys. These injuries may not be immediately visible and can be life-threatening if not promptly treated.
Psychological Injury claims
In addition to physical harm, road traffic accidents can result in significant psychological injuries. Types of road traffic accident claims may include:
PTSD is a common psychological response to traumatic events like road traffic accidents. Symptoms include flashbacks, severe anxiety, and uncontrollable thoughts about the event.
The aftermath of an accident can lead to ongoing anxiety and depression, affecting the victim’s ability to function in daily life. These conditions may require long-term therapy and medication.
Victims may experience emotional distress due to the trauma of the accident and its impact on their lives. This can include feelings of fear, helplessness, and a reduced quality of life.
What to do if you are involved in a road traffic accident
Experiencing a road traffic accident can be a traumatic and overwhelming event. Knowing the steps to take immediately after the incident is crucial for ensuring your safety, protecting your rights, and laying the groundwork for a successful personal injury claim.
Here are the essential steps to follow:
The first and most important step is to ensure the safety of everyone involved. If possible, move to a safe location away from traffic to prevent further accidents.
- Check for Injuries: Assess yourself and others for any injuries. If anyone is seriously injured, call emergency services immediately.
- Seek Medical Attention: Even if you feel fine, it is crucial to seek medical attention as some injuries may not be immediately apparent. A medical professional can assess your condition and provide necessary treatment. Ensure you keep all medical records and reports, as they will be important for your claim.
Collecting detailed information at the scene of the accident can significantly strengthen your personal injury claim. This includes:
- Details of All Parties Involved: Obtain the names, addresses, phone numbers, and driver’s license numbers of all drivers involved in the accident. Also, note the make, model, and registration numbers of their vehicles.
- Insurance Information: Exchange insurance details with the other drivers.
- Witness Information: Get the contact details of any witnesses to the accident. Their statements can provide valuable support for your claim.
- Photographs: Take clear photographs of the accident scene, including the vehicles involved, any visible injuries, road conditions, traffic signs, and any relevant surroundings. These photos can serve as crucial evidence.
In Ireland, it is a legal requirement to report road traffic accidents to the Gardaí if there are injuries or significant property damage.
- At the Scene: If Gardaí attend the scene, provide them with accurate information about the accident. Record the names and badge numbers of the officers.
- At a Garda Station: If Gardaí do not attend the scene, you must report the accident at the nearest Garda station as soon as possible. Obtain a copy of the report for your records.
Inform your insurance company about the accident as soon as possible, even if you do not intend to make a claim through your own policy. Provide them with all the relevant details and cooperate with their inquiries. Failure to report the accident promptly may affect your coverage and claim process.
Keeping thorough documentation is essential for building a strong personal injury claim.
- Written Account: Write a detailed account of the accident while the details are still fresh in your mind. Include the time, date, location, weather conditions, and any other pertinent information.
- Medical Records: Keep all medical records, including diagnoses, treatment plans, prescriptions, and receipts for medical expenses.
- Injury Diary: Maintain a diary documenting your injuries, symptoms, and how they affect your daily life. This can provide insight into the extent of your pain and suffering.
Seeking legal advice from an experienced road traffic accident solicitor is crucial for protecting your rights and ensuring you receive fair compensation.
MKS Solicitors have extensive experience in successful road traffic accident claims.
- Initial Consultation: Schedule a consultation with a solicitor who specialises in personal injury claims. They will evaluate your case and advise you on the best course of action.
- Legal Representation: Your solicitor will handle all aspects of your claim, including gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
Adhering to your medical treatment plan is vital for your recovery and for supporting your personal injury claim.
- Follow-Up Appointments: Attend all scheduled medical appointments and follow your doctor’s recommendations.
- Physical Therapy: If prescribed, participate in physical therapy sessions to aid your recovery.
- Medication: Take any prescribed medications as directed.
Maintaining a record of all expenses related to the accident is essential for calculating your compensation.
- Medical Expenses: Include costs for hospital visits, surgeries, medications, and any other medical treatments.
- Travel Expenses: Document travel costs for medical appointments and other necessary trips.
- Loss of Earnings: Keep records of any lost wages due to time off work, as well as any future loss of earning potential.
Compensation for road traffic accident claims
In Ireland, personal injuries awards are calculated based on the Personal Injuries Guidelines adopted by the Judicial Council.
The amount of compensation you receive varies widely, depending on the specific nature of your road traffic accident.
In an road traffic accident claim, your compensation is divided into two parts
General damages are awarded for your pain and suffering, and loss of amenity caused by the injury.
Micahael Kelleher expert road traffic accident solicitors will also submit your application to the Personal Injuries Resolution Board (PIRB).
The PIRB assesses the claim and provides a recommendation for compensation. If either party rejects the PIRB’s assessment, the claimant may then pursue the case in court.
Your solicitor will have the expertise to accurately calculate the compensation you are entitled to, considering all aspects of your injuries and losses. They ensure that you claim for all eligible damages, including medical expenses, lost earnings, pain and suffering, and future care needs.
If your claim proceeds to court, having a solicitor represent you is crucial. MKS Solicitors will present your case, cross-examine witnesses, and advocate on your behalf to achieve a favourable outcome.
Road traffic accident claim FAQs
The statute of limitations sets a deadline for filing a personal injury claim. In Ireland, you typically have two years from the date of the accident to initiate a claim.
If you miss this deadline, your claim may be barred, and you will be unable to seek compensation. Exceptions may apply in certain circumstances, such as when the injury is discovered later or if the claimant is a minor.
It is important to note that some injuries may not present symptoms immediately following an accident.
Conditions such as whiplash, concussions, and internal injuries can develop or become apparent hours or even days later. Therefore, seeking medical attention as soon as possible after an accident is crucial for identifying and documenting all injuries.
It is essential to report the accident to the Gardaí, especially if there are injuries or significant property damage.
Failure to report the accident may hinder your ability to claim compensation.
To prove negligence, you must demonstrate that the other party owed you a duty of care, breached that duty, and caused your injuries as a result.
Evidence such as witness statements, police reports, and expert testimonies can support your claim. Your solicitor will help gather and present this evidence effectively.
Call MKS Solicitors to discuss your options
Michael Kelleher Solicitors are committed to providing expert legal support to help you through this challenging time and achieve the best possible outcome for your case.
We will help you to navigate the complexities of your road traffic accident claim and our extensive experience and high success rate in settling claims, as well as our compassionate approach, mean that you will achieve the best possible outcome for your case.
Call or email our expert road traffic solicitors today to discuss your case.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie