I frequently advise individuals who have been involved in road traffic accidents. While no two cases are ever identical, there are some common legal principles and practical steps that apply to most claims.
What is a Road Traffic Accident Claim?
A road traffic accident (RTA) claim arises when a person suffers injury, loss, or damage as a result of another road user’s negligence. This may involve drivers, motorcyclists, cyclists, or pedestrians. Claims can include compensation for:
- Personal injuries
- Loss of earnings
- Medical expenses
- Vehicle repair or replacement
- Other out-of-pocket costs
The Key Legal Principle: Negligence
To bring a successful claim, you must establish that another party was at fault. In legal terms, this means proving:
- A duty of care was owed to you
- That duty was breached
- The breach caused your injury or loss
In Ireland (North and South), all road users owe a duty of care to one another. Common examples of negligence include speeding, failing to observe traffic signals, distracted driving, or driving under the influence.
What Should You Do After an Accident?
If you are involved in a road traffic accident, it is important to take the following steps:
- Ensure safety first – Contact emergency services if necessary
- Exchange details – Obtain the other party’s name, address, insurance details, and vehicle registration
- Gather evidence – Take photographs of the scene, damage, and any visible injuries
- Seek medical attention – Even minor injuries should be assessed
- Report the incident –
- In Northern Ireland: to the PSNI
- In the Republic of Ireland: to An Garda Síochána
Early legal advice is also strongly recommended.
The Claims Process
Republic of Ireland
Most personal injury claims must first be submitted to the Personal Injuries Resolution Board (PIRB) (formerly PIAB). This body assesses claims and may make an award without the need for court proceedings. If either party rejects the assessment, the matter can proceed to court.
Northern Ireland
Claims are typically initiated directly through the courts. Often, however, cases are resolved through negotiation between solicitors and insurers before reaching trial.
Time Limits
Strict time limits apply:
- Republic of Ireland: Generally 2 years less one day from the date of the accident or date of knowledge
- Northern Ireland: Typically 3 years from the date of the accident
Failing to act within these limits may result in your claim being barred entirely.
Contributory Negligence
It is worth noting that liability is not always clear-cut. If you are found to be partly at fault—for example, not wearing a seatbelt—your compensation may be reduced proportionally. This is known as contributory negligence.
Final Thoughts
Being involved in a road traffic accident can be distressing and disruptive. However, the legal system in both jurisdictions provides a clear framework for seeking compensation where fault can be established.
If you have been injured in an accident, obtaining early legal advice can make a significant difference to the outcome of your case. A solicitor can guide you through the process, ensure compliance with procedural requirements, and help you secure the compensation to which you are entitled.
