Pedestrian Accident Claims in Ireland

When can a pedestrian accident claim arise?

A pedestrian accident claim may arise where an injury is allegedly caused by a driver’s failure to take reasonable care. Relevant circumstances can include:

• A vehicle failing to stop or yield at a pedestrian crossing.
• A turning vehicle crossing a pedestrian’s path.
• A vehicle reversing from a parking space, driveway or entrance.
• A collision at traffic lights or a junction.
• A pedestrian being struck while walking beside a road.
• A collision involving a bus, taxi, bicycle, e-scooter or other road user.
• An uninsured vehicle or a vehicle or driver that cannot be identified.

The occurrence of a collision does not automatically establish negligence. Liability depends on the circumstances and evidence.

Pedestrian crossings and right of way

The Road Safety Authority distinguishes between different crossing arrangements.

At a zebra crossing, drivers must yield to a pedestrian who is waiting to cross or has commenced crossing. The RSA also advises pedestrians to watch approaching traffic and wait until traffic has stopped before beginning to cross.

At pedestrian lights, the traffic signals, pedestrian signals and any turning traffic may be relevant. At an uncontrolled or courtesy crossing, a pedestrian does not have an automatic right of way and should enter only when satisfied that approaching traffic is aware of their presence.

The crossing type is therefore only one part of the liability assessment. Visibility, speed, observation, lighting, road layout and the actions of both the driver and pedestrian may also matter.

How liability is assessed

Evidence concerning the driver may include speed, observation, braking, road position, traffic signals, the direction of travel and whether the vehicle was turning or reversing.

The pedestrian’s actions can also be considered. Relevant questions may include where and when the person entered the road, the applicable signals, visibility and whether there was an opportunity to avoid the collision.

Section 34 of the Civil Liability Act 1961 addresses contributory negligence. Where damage was caused partly by the injured person’s lack of care and partly by another person’s wrongdoing, recoverable damages may be reduced by an amount considered just and equitable having regard to their respective degrees of fault. Contributory negligence does not necessarily defeat the claim completely.

What to do after a pedestrian collision

Safety and medical needs come first. If someone is injured or requires urgent assistance, contact the emergency services on 999 or 112.

An Garda Síochána states that, if a person is injured and no Garda attends the scene, the collision must be reported to the nearest Garda station.

Where it is safe and possible, useful information may include:

• The driver’s, vehicle owner’s, registration and insurance details.
• Photographs of the vehicle, road, crossing, signals, signs and surrounding area.
• Witness names and contact details.
• Dashcam, mobile-phone or nearby CCTV footage.
• The Garda station, reporting details and incident reference.
• Contemporaneous notes recording what happened.

Do not delay necessary medical attention in order to collect evidence. For a practical record-keeping checklist, see our personal injury evidence guide.

Medical evidence and financial losses

Medical evidence can document the injury, symptoms, treatment and recovery. It may also help address whether the collision caused or materially contributed to the condition complained of.

The timing of symptoms, previous medical history and subsequent treatment may be relevant. A previous injury or condition does not automatically prevent a claim, but its significance requires individual medical and legal assessment.

Supported financial losses may include treatment expenses, travel costs and loss of earnings. Receipts, invoices, payslips and other records should be retained. No fixed award applies merely because a collision involved a pedestrian.

Uninsured or unidentified vehicles

Where the vehicle was uninsured, or the vehicle or driver cannot be identified, MIBI may have a role. Garda reporting, MIBI notification and preservation of witness, vehicle and footage evidence can be particularly important.

See our information about uninsured and unidentified driver claims.

The Injuries Resolution Board process

Personal-injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.

A completed application ordinarily includes an application form, the applicable processing fee and a medical report from a treating doctor. The accident and proposed respondent must also be identified.

Depending on the circumstances and the parties’ participation, the Board may offer mediation or assess compensation. If the matter is not resolved through the Board, an authorisation may issue permitting court proceedings to be commenced.

Written notice and time limits

Section 8 of the Civil Liability and Courts Act 2004 provides for written notice to the alleged wrongdoer within one month from the date of the cause of action. A failure without reasonable cause requires the court to draw such inferences as appear proper and may also affect costs where the interests of justice require.

This notice is separate from Garda reporting, insurer notification and an Injuries Resolution Board application.

Strict limitation periods also apply. In many adult personal-injury claims, the general period is two years from the date on which the cause of action accrued or the injured person’s date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other circumstances, so advice should be obtained promptly.

Related information

• Road traffic accident claims in Ireland
• Cyclist accident claims
• Uninsured and unidentified driver claims

Official information

• Road Safety Authority — pedestrian safety
• Road Safety Authority — Rules of the Road
• An Garda Síochána — road traffic collision guidance
• Injuries Resolution Board — making a claim
• Law Reform Commission — contributory negligence
• Law Reform Commission — written notice under section 8
• Law Reform Commission — personal-injury limitation provision

Reviewed by Lalloo Solicitors.

This page provides general information and is not a substitute for legal advice concerning a particular case. No solicitor-and-client relationship arises until Lalloo Solicitors confirms its appointment in writing.