Road Traffic Accidents and Personal Injury Claims by Lynch Solicitors Ltd

We are all bound to be involved in a road traffic accident at some point.

It might be a small tip while parking your car or something more serious. Knowing how to deal with the situation should it arise is essential.

FIRST THINGS FIRST - WHAT SHOULD YOU DO IF YOU HAVE AN ACCIDENT?

The priority, it goes without saying, is to ensure that all those involved in the accident are not injured. If there are injuries, decide whether an ambulance should be called.

The golden rule – if in doubt, call for help!

WHAT ARE THE PRACTICAL STEPS TO TAKE AT THE ACCIDENT SCENE FOLLOWING AN ACCIDENT?

Stay safe! Bearing in mind the weather conditions, falling trees, flooding and overturning trucks, make sure that you and all the other people involved are out of harm’s way so that there will not be any further accidents.

Be nice! Showing concern for an injured party does not mean admitting you are at fault!  A little kindness goes a
long way!

Call the Gardai immediately and report the incident. If the Gardai feel that they don’t have to attend to the scene,
the accident should still be formally reported to the Gardai, and you should attend at your nearest Garda station after the accident to deal with this.

Exchange contact details with the other drivers and anyone who witnessed the accident.

You should also gather as much information as possible at the
scene:
o Name and Address of the Driver
o Name and Address of the owner of the car
o Name and Address of Witnesses
o Insurance Details
o Vehicle registration
o Details of the Gardai in attendance

If you are a bystander or a passer-by, you will likely be more Hindrance than help unless you can assist. Provide details to the drivers at the scene or the Gardai, but do not hang around to see how things pan out.

If possible, take photographs of the scene, the vehicles, the debris and road markings.

For further advice or if you wish to discuss any other legal area please contact reception@lynchsolicitors.ie or telephone 052-6124344.
The material contained in this blog is provided for general information purposes only and does not amount to legal or other
professional advice. While every care has been taken in the preparation of the information, we advise you to seek specific advice from us about any legal decision or course of action.

WHAT ARE THE DON’TS?

Never admit liability at the scene. It is often a condition of insurance that liability is not admitted.

Do not move the vehicles unless necessary. Generally, the vehicles should stay as they stopped unless the Gardai
advise otherwise. 

If it is required to move them, ensure you obtain photographs of their positions on the road
beforehand.

Never leave the scene of an accident. This is a criminal offence. Remain at the scene until the Gardai have confirmed you
can leave.

Do not get angry! Getting irate at the scene can often serve to make things worse.  Stay calm!

AFTER THE INITIAL SHOCK – WHAT’S NEXT?
Fess up! Inform your insurance company immediately. This should be done even if it is not your fault.

Keep a Note! Please write down your account of what happened and how it happened.  Don’t forget to include details of the road conditions that day.

Ensure you keep all your receipts for medical expenses and property damage.

Please take photographs of your injuries to document them.

Finally, once the dust has settled, watch the time!  Remember, anyone injured following an accident only has two years to take a claim.  If you were involved in an accident that was not your fault and felt you might be entitled to compensation, the time to deal with it is now.

WHAT IS THE FIRST STEP IF YOU ARE INJURED IN A ROAD TRAFFIC ACCIDENT AND WISH TO MAKE A PERSONAL INJURY CLAIM?

Suppose you are involved in an accident and suffer a personal injury for which you seek compensation. In that case, the first stage of the process is an application to the Injuries Resolutions Board.

The Injuries Resolutions Board is an independent body set up by Statute to assess personal injury claims – be it a road traffic accident, a workplace accident, slips and falls, or any other kind of injury before any legal claim can be taken through the courts.

Because they are independently mandated by law, they do not represent someone involved in an accident, nor do they deal in any way with apportioning fault.

They will merely take the medical and out-of-pocket evidence and decide what level of compensation (if any) may be
appropriate.

IS IT NECESSARY OR ADVISABLE FOR ANYONE WHO SUFFERS A PERSONAL INJURY TO CONTACT THEIR
SOLICITOR, OR CAN THEY DEAL DIRECTLY WITH THE INJURIES RESOLUTIONS BOARD?

We, as Solicitors, act for the injured person. If someone suffers an accident or injury through no fault, they have a right to a solicitor and compensation.

The Injuries Resolutions Board are mandated to reduce the cost of litigation and offer an alternative to the Court
system.

So anyone who suffers an injury should contact their solicitor, who will put the best case forward for them and ensure they are entitled to compensation that fully reflects the injury sustained.