September brings a noticeable change to roads throughout Cork and across Ireland. Schools and colleges reopen, people return to work after the summer period, daylight hours begin to shorten and roads become busier during the morning and evening commute.

For pedestrians, increased traffic can mean increased risk.

Pedestrians have very little physical protection when involved in a road traffic accident. A collision that causes relatively minor damage to a vehicle can result in significant injuries to the person who has been struck.

If you have been injured as a pedestrian because of another road user’s negligence, you may be entitled to pursue a pedestrian accident claim.

At Martin A. Harvey & Co. Solicitors, we advise clients who have suffered injuries in road traffic accidents throughout Cork and Ireland. Understanding what to do following a pedestrian accident can help preserve important evidence and ensure you receive appropriate advice about your legal rights.

What Are the Most Common Causes of Pedestrian Accidents?

Pedestrian accidents can happen almost anywhere vehicles and pedestrians interact.

Busy junctions, pedestrian crossings, car parks, residential streets, shopping areas and city-centre roads can all present risks.

Common causes of pedestrian accidents include:

• Drivers failing to stop at pedestrian crossings
• Motorists failing to observe pedestrians when turning
• Excessive or inappropriate speed
• Distracted driving
• Drivers using mobile phones
• Failure to yield where required
• Vehicles reversing without sufficient observation
• Poor visibility
• Driving too quickly for weather or road conditions
• Vehicles mounting footpaths
• Collisions involving cyclists or other road users

Every accident has to be assessed according to its individual circumstances. The fact that a pedestrian has been injured does not automatically establish negligence on the part of a driver.

The evidence surrounding the accident will therefore be important when determining liability.

What Should You Do After Being Hit by a Vehicle?

The moments following a pedestrian accident can be confusing and distressing. Your immediate priority should always be your health and safety.

Once you are safe and able to do so, there are several practical steps that may help protect your position.

1. Seek Medical Attention

Always take injuries seriously following a collision with a vehicle.

Depending on the severity of the accident, this could involve emergency treatment, attending hospital or arranging an assessment with your GP.

Some injuries are immediately apparent, while others can become more noticeable hours or days later.

These may include:

• Whiplash and soft tissue injuries
• Concussion
• Back and neck injuries
• Head injuries
• Joint injuries
• Psychological symptoms

Seeking appropriate medical attention is important for your health. Medical records may also become important evidence if you subsequently pursue a personal injury claim.

2. Report the Accident

Where appropriate, contact An Garda Síochána and report the collision.

For serious accidents, Gardaí may attend the scene and carry out their own investigation.

Even where the accident appears relatively straightforward, having an official record of what occurred can become important if liability is later disputed.

3. Obtain the Driver’s Details

If you are physically able to do so, obtain the driver’s details following the accident.

Relevant information can include:

• Driver’s name and contact details
• Vehicle registration number
• Insurance information
• Make and model of the vehicle

If you are too injured to gather this information yourself, Gardaí or another person at the scene may be able to assist.

Avoid getting into an argument about responsibility at the scene. Liability can be investigated properly once the available evidence has been gathered.

4. Take Photographs of the Scene

Photographs can provide valuable evidence about how a pedestrian accident happened.

Where it is safe and practical, photograph:

• The location of the collision
• The vehicle involved
• Vehicle damage
• Pedestrian crossings
• Traffic lights
• Road signs
• Road markings
• Nearby junctions
• Your visible injuries
• Weather and road conditions
• Anything that may have obstructed visibility

Try to take wider photographs as well as close-ups. Wider images can help demonstrate the layout of the road and the position of important features.

5. Identify Witnesses

Independent witnesses can be extremely important in a pedestrian accident claim, particularly where the driver and injured pedestrian provide different accounts of what happened.

If somebody witnessed the collision, obtain their name and contact details where possible.

A witness may be able to provide evidence concerning the speed of the vehicle, traffic signals, where the pedestrian was positioned or the driver’s actions immediately before the collision.

Can CCTV or Dashcam Footage Help a Pedestrian Accident Claim?

Yes. Video evidence can be particularly valuable when establishing how a road traffic accident occurred.

A pedestrian accident may have been captured by:

• Business CCTV
• Residential security cameras
• Public-area CCTV
• Dashcams
• Bus cameras
• Taxi cameras
• Cameras at nearby commercial premises

CCTV can potentially show the movement of the vehicle, the pedestrian’s position, traffic conditions and events immediately before the collision.

However, CCTV retention periods vary and footage may be overwritten. If you believe cameras captured your accident, it is important to identify them as early as possible and obtain advice about preserving relevant footage.

Data protection rules may also affect how recordings are requested and released.

Further information about your data protection rights is available from Ireland’s Data Protection Commission at dataprotection.ie.

Who Is Responsible for a Pedestrian Accident?

Liability depends on how the accident happened.

Drivers have obligations towards other road users, including pedestrians. A driver may potentially be considered negligent where, for example, they fail to keep a proper lookout, travel at an inappropriate speed or fail to react reasonably to road conditions.

Pedestrian crossings and junctions are particularly important locations.

A motorist approaching an area where pedestrians are likely to cross should remain alert and drive appropriately for the circumstances.

The Road Safety Authority provides detailed information about pedestrian and motorist road safety at rsa.ie.

What If the Pedestrian Was Partly at Fault?

Not every accident involves one person being entirely responsible.

A pedestrian may be alleged to have contributed to an accident, perhaps by crossing unexpectedly, failing to observe traffic or entering the road from a location where visibility was restricted.

This can raise the issue of contributory negligence.

Under Irish law, where an injured person is found to have contributed to the accident, compensation may potentially be reduced to reflect their share of responsibility.

However, an allegation that you were partly responsible does not automatically mean that you cannot make a claim.

Liability should be assessed based on the evidence rather than assumptions made immediately following the accident.

What Are the Most Common Pedestrian Accident Injuries?

Because pedestrians have no seatbelt, airbag or vehicle structure protecting them, collisions can result in significant injuries.

These may include:

• Broken bones and fractures
• Head and brain injuries
• Facial injuries
• Shoulder injuries
• Knee and leg injuries
• Hip and pelvic injuries
• Back and spinal injuries
• Soft tissue injuries
• Cuts and scarring
• Psychological trauma

More serious accidents can result in long-term disability and significant rehabilitation requirements.

Psychological injuries should not be overlooked either. Some people experience anxiety, sleep disturbance or other psychological symptoms following a traumatic road accident.

Appropriate medical evidence will be important when assessing the nature and long-term impact of any injury.

Can You Claim for Loss of Earnings and Medical Expenses?

A pedestrian accident can have financial consequences as well as physical ones.

If an injury prevents you from working, requires ongoing treatment or creates other necessary expenses, those losses may be relevant to your claim.

Depending on the individual circumstances, financial losses can potentially include:

• Loss of earnings
• Medical expenses
• Prescription costs
• Physiotherapy
• Rehabilitation
• Travel to medical appointments
• Necessary care or assistance
• Future financial losses in more serious cases

Keep receipts, invoices, payslips and other documents relating to expenses and loss of income.

Accurate records can make it considerably easier to demonstrate the financial impact of your accident.

What If the Driver Is Uninsured or Cannot Be Identified?

Being injured by an uninsured driver does not necessarily mean that there is no route to compensation.

The Motor Insurers’ Bureau of Ireland (MIBI) has a role in dealing with certain claims involving uninsured or unidentified vehicles.

These cases can involve specific procedures and requirements, so early legal advice can be particularly useful.

More information about the MIBI is available at mibi.ie.

How Do You Make a Pedestrian Accident Claim in Ireland?

Most personal injury claims in Ireland must initially be submitted to the Injuries Resolution Board, subject to applicable exceptions.

The process involves providing details of the accident and appropriate medical information. Depending on the circumstances, the Board may assess the claim or the matter may proceed through another appropriate route.

If the claim cannot be resolved through the Injuries Resolution Board process, an authorisation may be issued allowing court proceedings to be considered.

A solicitor can help ensure the circumstances of the accident are properly documented, the appropriate evidence is obtained and your legal position is protected throughout the process.

Further information is available from the Injuries Resolution Board.

How Long Do You Have to Make a Pedestrian Accident Claim?

Personal injury claims are subject to statutory limitation periods.

In many Irish personal injury cases, the relevant limitation period is generally two years from the date of the accident or the relevant date of knowledge, subject to the circumstances and applicable legal rules.

However, you should not assume that you have two full years in every case.

There can be exceptions and additional considerations, and waiting can also make evidence more difficult to obtain.

Seeking legal advice early allows your solicitor to assess the applicable time limit and begin preserving evidence while it is still available.

Why Acting Quickly Can Strengthen Your Claim

Time can make a considerable difference to the quality of evidence available after a pedestrian accident.

CCTV footage may be overwritten. Witnesses may become difficult to contact. Vehicles can be repaired. Road layouts and signage can change.

Even people’s memories of an accident can become less precise.

Speaking to a solicitor shortly after an accident allows important evidence to be identified and, where possible, preserved.

It also gives you an opportunity to understand the claims process before dealing extensively with insurers or other parties.

How Martin A. Harvey & Co. Can Help

A pedestrian accident can have consequences that extend far beyond the day of the collision.

You may be dealing with pain, medical treatment, time away from work, rehabilitation and unexpected financial pressure.

At Martin A. Harvey & Co. Solicitors, we have extensive experience advising clients in personal injury and road traffic accident claims.

We can assist with:

• Assessing the circumstances of your accident
• Identifying the appropriate parties
• Gathering relevant evidence
• Obtaining medical documentation
• Advising on financial losses
• Handling the Injuries Resolution Board process
• Communicating with insurers
• Advising on court proceedings where necessary

Our focus is on providing clear, practical legal advice and helping you understand your options at every stage.

Injured as a Pedestrian? Speak to Martin A. Harvey & Co.

If you have been hit by a car, van, motorcycle, bicycle or another vehicle, seek appropriate medical attention and consider obtaining legal advice as soon as possible.

The circumstances of every pedestrian accident are different. Understanding how the collision happened, gathering evidence and obtaining appropriate medical documentation are important steps in determining whether you may have a personal injury claim.

For professional and confidential advice, contact Martin A. Harvey & Co. Solicitors in Cork City.

Telephone: +353 (0)21 4963400
Email: maharvey@martinharvey.ie
Website: martinharvey.ie