Road Traffic Accidents
Road Traffic Accident cases – these are accidents that unfortunately are happening every day. Road traffic accidents are the most common of all personal injury* cases. Whether you have been injured as a pedestrian, passenger, driver or cyclist, if the cause of such accident was not your fault then you may be entitled to pursue a personal injury* claim for damage to your vehicle, any personal injuries* sustained and also any out of pocket expenses incurred as a result of such an accident.
If you have been involved in a road traffic accident you can contact us today to arrange a consultation to discuss matters particular to your own circumstances as every accident is different. We will be happy to meet with you, listen carefully and advise you in relation to your case.
Steps involved in making a road traffic accident case
1. Call the Gardaí
If you have been involved in a road traffic accident , it is important that you call the Gardaí to report the accident immediately and ensure that if they are not available to attend the accident scene that they note all details or that you attend the nearest local Garda Station to the accident scene to report all details in person.
If the Gardai do not attend at the accident scene, it is important that you exchange details with the other parties involved in the accident.
For more serious road traffic accidents, and in particular where an ambulance is required to be called, the Gardaí may arrive at the scene to take all necessary details and to investigate the matter further.
2. Information to look for from the party at fault
It is important that you collect all the relevant information in connection with your accident and in particular the following information:
- Details of any other driver or drivers (there may be more than one other vehicle involved in the collision) you should ask for – 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 Gardai which attend at the scene
- Take a picture of the scene, from different angles; this will help your solicitor understand how the accident happened.
- It is critical to take note of the time and date of the accident
It is also important to take details from any other person present at the scene who may have witnessed the accident.
4. Medical Reports
In order to progress your case one of the first things needed is a Medical Report, the Injuries Board will require a Medical Report from your treating Doctor in order to register your claim. We can help you prepare your Injuries Board Application ensuring all necessary information is submitted, in the correct format and that your road traffic accident case is progressed in a timely and efficient manner.
5. Ready to Speak to a Personal Injury* Solicitor
Following a road traffic accident, you should contact a solicitor as soon as possible if you are thinking of progressing a personal injury* case. If proceeding with a case, the first step will be submitting your claim to the Injuries Board. A personal injury* solicitor can help you in preparing your Application to the Injuries Board and ensure that you follow the process in the correct format.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident and also to retain copies of medical reports or Garda reports, where possible.
6. Assessment of Your Case
If you do proceed with a personal injury* case whether the matter be assessed by the Injuries Board, settled with an Insurance Company or runs to a full hearing in Court the following will be the way that your claim is assessed:
General Damages: This relates to damages that may be awarded for pain and suffering and/or physical and emotional injuries following an accident. Both your pain and suffering to date and any pain and suffering into the future will be considered when assessing your personal injury* claim.
Special Damages: This is the term used for any out of pocket expenses that you have incurred as a result of your accident. This would usually include the following – any loss of earnings arising, medical bills, medication expenses, physiotherapy.
Material Damages: refers to damage caused to your property so in a road traffic accident this may relate to damage to your car and bicycle. If liability is admitted by an insurance company from the outset, often this aspect of the claim can be dealt with and resolved at the beginning for example the other parties insurance company may arrange to have your vehicle repaired.
Statute of Limitations: It is critical to note that you only have two years from the date of your accident to take a personal injury* claim and it is therefore important to notify your accident as soon as reasonably practical.