Pedestrian Accident Claims in Ireland: Your Rights After Being Knocked Down by a Car

You were hit by a car while crossing the road. Now the insurance company is arguing you were partly at fault for not using the pedestrian crossing 50 metres away. Does this destroy your claim? No. Under Irish law, contributory negligence reduces your compensation—it doesn't eliminate it. Pedestrians are rarely found more than 50% liable, and you can still claim through the Injuries Resolution Board (IRB, formerly PIAB) even if you made an error.

This guide covers the full process: from the first 48 hours after being knocked down, through IRB applications, to what your claim might be worth under the Personal Injuries Guidelines (2021) ^[2]. You typically have two years from your date of knowledge to file ^[1]. If the driver fled or was uninsured, the MIBI can still cover your claim.

Pedestrian Accident Statistics in Ireland: The Scale of the Problem

Pedestrians remain one of Ireland's most vulnerable road user groups. Between 2019 and 2023, 164 pedestrians were killed and 1,426 sustained serious injuries on Irish roads. That's an average of 33 fatalities and 285 serious injuries each year ^[8]. For every pedestrian death, roughly nine more suffer life-changing injuries.

Provisional figures for 2024 show 33 pedestrian fatalities ^[9]. In 2025, 41 pedestrians were killed on Irish public roads according to RSA data, or 45 when including all public places per Garda figures ^[10]. This represents an increase compared to 2024. The numbers have not improved.

Source: RSA Pedestrian Spotlight Report 2024 ^[8]. Figures are provisional.

These statistics matter for claims. A pedestrian injury is not a minor inconvenience—hospital data shows pedestrians spend an average of 10 days as inpatients, with 28% sustaining the most clinically serious injuries ^[8]. Understanding the severity helps you and your solicitor build an accurate picture of your losses.

Dublin pedestrians: 40% of all serious pedestrian injuries happen in Dublin. If you were hit in the capital, local CCTV coverage and Garda response times can work in your favour for evidence gathering.

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Common Scenarios Where Pedestrians Are Hit by Cars

Where and how a collision happens affects liability and how your claim proceeds. Some scenarios are more clear-cut than others.

Zebra Crossings and Pelican Crossings

Drivers must stop and give way to pedestrians already on a zebra crossing. The key phrase: you need to have placed your foot on the crossing. Standing at the kerb doesn't automatically give you priority. That said, a driver who fails to yield to someone on a zebra crossing faces a strong liability case ^[11].

At pelican crossings (with lights), the green man gives you the right to cross. If a driver runs a red light and hits you, liability is typically straightforward.

Junctions and Uncontrolled Crossings

At junctions without lights or zebra markings, pedestrians don't have automatic right of way until they're established on the road. Drivers must still exercise reasonable care—particularly where sightlines are poor. In practice, we often see liability split when both parties could have done more to avoid the collision.

A common issue we encounter is poor signage or obstructed views at uncontrolled crossings. If a local authority or construction company blocked the sightline, they may share liability alongside the driver. This "multi-party liability" angle is something competitors often miss.

The 15-Metre Rule

Under the Road Traffic (Traffic and Parking) Regulations 1997 ^[20], pedestrians are required to use a crossing if one exists within 15 metres. Crossing elsewhere is NOT illegal, but it may contribute to a finding of contributory negligence.

Summary: At zebra crossings, you have priority only when your foot is ON the crossing—standing at the kerb gives no priority. At pelican crossings, priority applies on green man only (flashing green = complete your crossing, don't start). At uncontrolled junctions, pedestrians have NO automatic priority. The 15-metre rule: you should use a crossing if one exists within 15 metres, but crossing elsewhere is not illegal—it may just contribute to contributory negligence.

Pavements and Footpaths

If a vehicle mounts the footpath and strikes you, the driver will almost always bear full liability. There's no defence for driving on a pedestrian-only area.

Car Parks

Private car parks introduce complexity. The Occupiers' Liability Act 1995 ^[12] may apply alongside the driver's duty of care. In some cases, both the driver and the car park owner could share liability—particularly if poor layout or missing signage contributed to the accident.

Reversing Vehicles

Pedestrians struck by reversing vehicles face unique evidence challenges. These accidents commonly occur in driveways, car parks, and loading areas. Key issues include:

• Limited footage: Dashcams face forward, so reversing impacts are rarely recorded from the driver's vehicle
• Witness scarcity: Often happens in quiet residential or commercial areas
• Speed disputes: Even low-speed reversing impacts can cause serious injuries to pedestrians, particularly the elderly

Drivers have a heightened duty of care when reversing—they must check mirrors, look over their shoulder, and use reversing cameras if fitted. Failure to do so typically results in full or majority liability. If you were struck by a reversing vehicle, check immediately for CCTV on nearby buildings and ask witnesses to provide statements.

Buses, Coaches, and HGVs

Collisions involving buses, coaches, or heavy goods vehicles (HGVs) differ from standard car accidents in several ways:

• Higher fatality rate: The weight and height of these vehicles means pedestrian impacts are more likely to be fatal or cause catastrophic injuries
• Blind spots: Large vehicles have significant blind spots, particularly on the nearside (left). However, professional drivers are trained to account for these
• Different insurers: Public transport vehicles (Dublin Bus, Bus Éireann, Luas) have specific insurance arrangements. CIÉ handles claims for its subsidiaries
• Onboard CCTV: Most buses have multiple cameras that may capture the incident from inside the vehicle

If you're struck by a bus or HGV, note the vehicle number or fleet markings. Request CCTV preservation immediately—transport operators typically retain footage for only 7–14 days.

Electric and Hybrid Vehicles

Electric vehicles (EVs) and hybrids operating in electric mode are significantly quieter than petrol or diesel vehicles, particularly at low speeds. This creates a specific risk for pedestrians who rely on engine noise as a warning.

Since July 2019, new EVs sold in the EU must be fitted with an Acoustic Vehicle Alerting System (AVAS) that emits sound at speeds below 20 km/h. However, older EVs and some hybrids may not have this feature.

Legal relevance: If you were struck by a silent EV, the absence of audible warning may reduce any contributory negligence finding. A pedestrian who "stepped out without looking" may have been listening for approaching traffic—a reasonable precaution that EV silence defeats. This is an emerging area of case law, but the principle of reasonable pedestrian behaviour should account for legitimate expectations about audible warnings.

Hit-and-Run

About 14% of pedestrian injury claims involve untraced or uninsured vehicles ^[4]. If the driver fled, you can still claim through the MIBI scheme. The process has stricter requirements, including a 2-day Garda reporting deadline.

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What to Do Immediately After Being Knocked Down

The first 48 hours after an accident are critical. What you do—or fail to do—can directly affect your compensation.

At the Scene (If You're Able)

• Get the driver's details: Name, address, insurance company, policy number, vehicle registration
• Note any witnesses: Names and phone numbers—independent witnesses carry weight
• Photograph everything: The vehicle, the scene, your injuries, road markings, traffic signs, weather conditions
• Check for CCTV: Look for cameras on shops, pubs, buses, or council fixtures nearby

Within 24–48 Hours

Summary: 8 critical steps: (1) Call 999/112 if injured—immediate. (2) Get driver details (reg, insurance, name)—at scene. (3) Photograph everything—at scene. (4) Get witness details—at scene. (5) Report to Gardaí and get PULSE number—within 2 days for MIBI claims. (6) See GP or A&E—same day. (7) Request CCTV via GDPR—within 7 days. (8) Don't admit fault or apologise. CCTV is typically deleted within 14-30 days—act immediately.

CCTV warning: Commercial CCTV is typically overwritten within 14–30 days. Submit a data subject access request (DSAR) under GDPR Article 15 ^[13] immediately. Include the exact date, time, and location of the incident.

A mistake we often see is waiting too long to request CCTV. In practice, we've seen footage deleted within 14 days. The official retention might be 30 days, but don't count on it.

CCTV Request Template: Send this to any business with cameras covering the accident location:

Section 8 Letter: The 1-Month Deadline

Under Section 8 of the Civil Liability and Courts Act 2004 ^[5], you must send a letter to the person responsible (the "respondent") within one month of the accident. What the statute doesn't tell you is that this deadline was reduced from two months by the Central Bank Act 2018 ^[14]. Missing this deadline won't bar your claim, but it could result in cost penalties if your case goes to court.

A Section 8 letter should include: the date and location of the accident, a brief description of what happened, and notice of your intention to claim.

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Proving Liability: Driver Duty of Care and the "Hierarchy of Vulnerability"

In Ireland, drivers owe a duty of care to all road users, including pedestrians. This duty is higher towards vulnerable road users. The law recognises that a driver controls a potentially lethal vehicle, and courts consider this "hierarchy of vulnerability" when assessing fault ^[6].

A pedestrian does NOT need to prove they were blameless. The question is whether the driver's negligence caused or contributed to the accident.

Understanding "Causative Potency"

Courts look at who had the power to cause the most harm. This concept—sometimes called "causative potency"—means that even if a pedestrian makes an error, the driver's potential to kill often weighs heavier in the liability split. A 2-tonne vehicle travelling at 50 km/h has far more capacity to cause catastrophic injury than a pedestrian stepping off a kerb. In practice, we often see this principle work in the pedestrian's favour even when they made an error.

Common examples of driver negligence include:

• Speeding or driving too fast for conditions
• Failing to yield at a crossing
• Using a mobile phone while driving
• Poor observation at junctions
• Driving with impaired visibility (dirty windscreen, faulty lights)

Under the Road Traffic Act 1961 ^[15], drivers must be able to stop within the distance they can see to be clear. If a driver hits a pedestrian at night in an unlit area, the question becomes: was the driver's speed appropriate for the lighting conditions?

Pedestrian Accident Reconstruction: How Speed and Impact Are Determined

When liability is disputed, accident reconstruction experts may be engaged to analyse the collision. In pedestrian cases, specific forensic techniques can determine what happened:

• Throw distance: The distance a pedestrian is thrown after impact correlates with vehicle speed. Forensic formulae can estimate speed based on where the pedestrian landed relative to the point of impact.
• Vehicle damage patterns: The height and shape of dents on the bonnet, windscreen damage, and mirror strikes indicate the pedestrian's height and posture at impact.
• Injury patterns: Medical evidence of "bumper height" injuries (typically tibial plateau in adults) helps confirm the mechanics of the collision.
• Skid marks and ABS data: Brake marks (or their absence) indicate whether and when the driver attempted to stop. Modern vehicles may retain electronic data showing speed and braking.
• CCTV frame analysis: If footage exists, frame-by-frame analysis can calculate vehicle speed by measuring distance travelled between frames.

This type of expert evidence is particularly valuable when:

• The driver claims they were travelling slowly
• There are no independent witnesses
• The insurer disputes the mechanics of the accident
• Contributory negligence is alleged

Your solicitor can arrange for an accident reconstruction report if it would strengthen your claim. The cost is typically recovered as part of your special damages if the claim succeeds.

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Can I Still Claim If I Was Partly at Fault?

Yes. Contributory negligence does NOT bar your claim—it reduces your compensation proportionally ^[6]. Under Section 34 of the Civil Liability Act 1961, courts apportion fault between the parties. If you were 20% at fault, your award is reduced by 20%.

Typical Contributory Negligence Scenarios

These are indicative ranges based on case patterns. Each case turns on its facts.

Case Law: How Irish Courts Apportion Fault

Summary: Typical recovery percentages by scenario: Crossing at green man/zebra = 100% recovery. Jaywalking (no crossing within 15m) = 75-90% (10-25% reduction). Dark clothing at night = 85-95% (5-15% reduction). Stepping between parked cars = 70-85% (15-30% reduction). Intoxicated = 60-80% (20-40% reduction). Key insight: Pedestrians are rarely found more than 50% liable. Legal basis: Section 34, Civil Liability Act 1961. Supporting case law: McCaughey v Mullan [2014], Probert v Moore [2012].

From what we see in practice, pedestrians are rarely found more than 50% at fault. The driver's control of a heavy, fast-moving vehicle typically means their share of responsibility remains significant even when the pedestrian made an error.

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Common Injuries in Pedestrian Accidents

Pedestrian injuries differ from those sustained inside vehicles. Without a car's protective shell, pedestrians absorb the full impact. Injuries tend to follow a predictable pattern: bumper to legs, bonnet to torso, then road to head.

Lower Limb Injuries

The car's bumper typically strikes adult pedestrians at knee or thigh level. Tibial plateau fractures (breaks at the top of the shinbone, into the knee joint) are so common they're sometimes called "bumper fractures." These are intra-articular injuries—meaning they affect the joint surface—and carry a high risk of post-traumatic osteoarthritis later.

Critical warning: A mistake we often see is settling knee injury claims too early. Tibial plateau fractures can develop arthritis years after the bone appears healed. If you've suffered a knee injury, do NOT settle your claim until a specialist has assessed the long-term prognosis. Waiting 12–18 months for a definitive prognosis can significantly increase your "future special damages" for potential knee replacement surgery ^[2].

Head Injuries and Traumatic Brain Injury (TBI)

When a pedestrian is thrown onto the bonnet and then to the ground, head injuries often result from the secondary impact with the road. Traumatic brain injuries (TBI) range from concussion to severe damage. Medical professionals use the Glasgow Coma Scale (GCS) to grade severity at the scene, but this initial score does NOT always predict long-term outcomes.

Post-Traumatic Amnesia (PTA)—the period of confusion and memory loss after regaining consciousness—is often a better indicator of injury severity than initial scans. If you can't remember the accident or the hours/days afterwards, this is clinically significant and should be documented.

The hidden complexity here is that some effects—personality changes, memory problems, fatigue, irritability, difficulty concentrating—emerge weeks or months later. Family members often notice these changes before the injured person does. Mood swings, shortened temper, and difficulty with tasks that were previously routine are all potential signs of TBI.

If you're experiencing any of these symptoms, seek a neurological or neuropsychological assessment—not just a GP visit. A formal cognitive assessment can document deficits that significantly affect compensation.

Children: Waddell's Triad

Children are typically struck higher on the body because car bumpers are closer to their centre of mass. The pattern known as "Waddell's Triad" involves a specific three-injury pattern:

1. Femur fracture: The low bumper strikes the child's thigh/femur
2. Chest or abdominal trauma: The child is thrown onto the bonnet, injuring the spleen, liver, or thorax
3. Contralateral head injury: The child slides off the bonnet and hits the ground on the opposite side of the head from the initial impact

Parents of injured children should expect comprehensive medical assessments covering orthopaedic, abdominal, and neurological injuries. A generalist assessment that only addresses the "broken leg" may miss the chest and head components of this pattern.

Summary: Waddell's Triad describes the three-injury pattern when a child is hit by a car: (1) Bumper impact causes femur fracture—the low bumper strikes the child's thigh/femur at a higher point than adults. (2) Bonnet impact causes chest/abdominal trauma—the child is thrown onto the bonnet, potentially injuring spleen, liver, or thorax. (3) Ground impact causes contralateral head injury—the child slides off the bonnet and hits the ground on the OPPOSITE side of the head from initial impact. Medical assessment must cover all three injury sites.

Degloving and Morel-Lavallée Lesions

In "run-over" incidents where a tyre passes over a limb, the shearing force can separate skin from underlying tissue. This causes a degloving injury (where skin is literally peeled away) or a Morel-Lavallée lesion (a closed internal degloving where the skin looks intact but tissue is destroyed underneath).

These injuries are often missed initially but can lead to necrosis, infection, and require plastic surgery. They carry high "cosmetic" and "psychological" value in compensation terms. If you were run over by a wheel, insist on a thorough assessment even if surface injuries appear minor.

Psychological Injuries

Being hit by a car is a terrifying experience. Post-traumatic stress disorder (PTSD), anxiety, and travel phobia are common. These psychological injuries are compensable but require a formal psychiatric or psychological diagnosis—GP notes alone typically don't suffice ^[2].

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The IRB Claims Process for Pedestrians

Most pedestrian injury claims in Ireland must go through the Injuries Resolution Board (IRB) before any court proceedings ^[3]. The IRB was formerly known as the Personal Injuries Assessment Board (PIAB) until it was renamed in 2023.

Summary: IRB process timeline: (1) Day 1-2: Report to Gardaí. (2) Week 1: Get medical examination. (3) Month 1: Send Section 8 letter. (4) Month 1-2: Submit IRB application with Form A and €45 fee. (5) 90 days: Respondent consent window. (6) ~9 months: IRB assessment issued. Total typical duration from accident to assessment: approximately 9-12 months.

How the IRB Process Works

1. Submit your application: Use Form A with a medical report and €45 fee. You can apply online at injuries.ie or by post.
2. Respondent notified: The IRB notifies the driver/insurer (respondent).
3. 90-day consent window: The respondent has 90 days to consent to IRB assessment or decline.
4. Assessment: If they consent, the IRB assesses your claim—usually within 9 months. They may arrange an independent medical examination.
5. Award issued: Both parties receive the assessment. If both accept, it becomes an Order to Pay.
6. Reject and proceed to court: If either party rejects the assessment, the IRB issues an Authorisation allowing you to pursue court proceedings.

The IRB does NOT determine fault—only the value of your injuries. Liability disputes are resolved in court if necessary.

You do NOT need to accept the IRB assessment—you can reject it and proceed to court if you believe the award undervalues your injuries.

Time-saving tip: Filing with the IRB pauses your two-year limitation period under Section 50 of the PIAB Act 2003 ^[16]. If you're approaching the deadline, submitting an IRB application buys you time.

Timing reality check: While the official IRB timeline says 9 months, we typically see 10–12 months when medical reports are delayed or additional assessments are needed. Factor in extra time if your injuries are complex.

For the full claims process guide, including court procedures, see our main resource.

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Hit-and-Run and Uninsured Driver Claims (MIBI)

If the driver fled the scene or was uninsured, you can still claim compensation through the Motor Insurers' Bureau of Ireland (MIBI) ^[4]. The MIBI is funded by all motor insurers and compensates victims who would otherwise have no recourse.

MIBI Process for Pedestrians

1. Report to Gardaí immediately: Get a PULSE reference number. Include any vehicle details, description of the driver, and witness information.
2. Notify MIBI in writing: Complete their formal notification using the signed form (Clause 3.14 of the MIBI Agreement) ^[4].
3. Apply to IRB: Most MIBI claims still start at the IRB, with MIBI named as respondent.
4. 30-day interview (untraced drivers): You must make yourself available for interview within 30 days of the IRB application.

Property Damage Limits

If the driver was untraced (fled without identification), MIBI only covers property damage if you spent 5+ days as a hospital inpatient, and a €500 excess applies (Clause 7.1) ^[4]. Personal injury compensation has no such restriction.

For full details on uninsured and untraced claims, see our MIBI claims guide.

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Children and Elderly Pedestrian Claims: Special Rules

Children as Pedestrian Victims

Children under 18 cannot bring a claim themselves. A parent or guardian acts as "litigation friend" or "next friend" on their behalf ^[7].

Extended time limit: For minors, the standard two-year limitation period does NOT begin until they turn 18. This means a child injured at age 10 has until their 20th birthday to file. But waiting isn't always wise—evidence degrades, witnesses forget, and CCTV is deleted.

Court approval: Settlements for children typically require court approval to ensure the award is fair. Funds are often held in trust until the child reaches adulthood.

Elderly Pedestrians

Those aged 75+ account for 23% of pedestrian fatalities despite being a smaller share of the population ^[8]. Older pedestrians often sustain more severe injuries from the same impact force. Courts may consider reduced life expectancy when calculating future losses, but the vulnerability itself can support higher general damages for pain and suffering.

If an elderly family member was injured and lacks mental capacity to instruct a solicitor, a family member can apply to act as their litigation friend through the Courts Service ^[17].

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When a Pedestrian Dies: Fatal Injury Claims

If a family member died after being struck by a vehicle, the claims process differs significantly from a personal injury claim. Between 2019 and 2023, 164 pedestrians were killed on Irish roads—an average of 33 deaths per year. These families have specific legal rights under the Civil Liability Act 1961, Part IV.

Who Can Claim

"Dependants" of the deceased can bring a claim. This includes:

• Spouse or civil partner
• Children (including adopted children)
• Parents
• Siblings (if financially dependent on the deceased)
• Cohabitants of 3+ years

What Can Be Claimed

A fatal pedestrian claim typically involves several components:

• Funeral and burial expenses: Reasonable costs incurred
• Loss of services: The monetary value of services the deceased provided (childcare, household maintenance, care of elderly relatives)
• Loss of financial support: Calculated based on the deceased's earnings and the dependants' share of that income
• Mental distress: Compensation for grief and trauma, currently capped at approximately €35,000 for close relatives (spouse, parent, child)

Important Distinctions

There are two separate claims in a fatal accident case:

1. The deceased's own claim: For pain and suffering between the accident and death (if death wasn't instantaneous). This claim belongs to the estate.
2. The dependency claim: For the losses suffered by surviving family members. This is a separate claim brought by dependants.

If death was instantaneous, there may be no personal injury element—only the dependency claim.

Time Limits

The limitation period for fatal claims is 2 years from the date of death (not the date of accident, if different). For children who lose a parent, the clock doesn't start until they turn 18.

Practical Considerations

Fatal claims require careful coordination. An administrator or executor must be appointed to deal with the estate claim, while dependants bring the dependency claim separately. In practice, these are often handled together, but they are legally distinct.

If you've lost a family member in a pedestrian accident, seek legal advice promptly. The combination of grief, complex legal structures, and strict time limits makes professional guidance essential.

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Compensation: What to Expect Under the Personal Injuries Guidelines

Compensation in Ireland is assessed using the Personal Injuries Guidelines (2021) ^[2], which replaced the Book of Quantum. Both the IRB and the courts must have regard to these guidelines.

A proposed 16.7% increase to the Guidelines was approved by the Judicial Council in January 2025 and submitted to the Minister for Justice in February 2025 ^[18]. As of January 2026, the revised guidelines have NOT been approved by the Oireachtas—the matter remains under review following the Government's Action Plan for Insurance Reform published in July 2025 ^[19]. The 2021 figures still apply.

Inflation context: The 16.7% increase only slightly exceeds cumulative inflation of approximately 15-16% since the 2021 Guidelines came into force. In real terms, this represents maintaining purchasing power rather than a significant increase in compensation values. If you're comparing a potential 2025 award to a 2021 case you heard about, factor in that costs have risen substantially in between.

General Damages: 2021 Guidelines Ranges

Source: Personal Injuries Guidelines (Judicial Council, 2021) ^[2]. These are indicative ranges—your award depends on severity, prognosis, and impact on daily life. If the 16.7% increase is approved, figures will rise accordingly.

Summary: Personal Injuries Guidelines 2021 general damages ranges: Minor soft tissue = €500-€3,000. Moderate soft tissue = €3,000-€12,000. Minor fractures = €12,000-€25,000. Moderate fractures = €25,000-€55,000. Serious orthopaedic = €55,000-€130,000. Moderate TBI = €100,000-€250,000. Severe TBI = €250,000-€400,000. Catastrophic injuries = €400,000-€550,000. Note: A 16.7% increase was proposed in 2025 but has NOT been approved—2021 figures still apply. Special damages (lost earnings, medical expenses) are added separately.

Special Damages

In addition to general damages (pain and suffering), you can claim special damages for actual financial losses:

• Medical expenses (treatment, physio, medication)
• Lost earnings (past and future)
• Care costs (nursing, home help)
• Travel expenses (hospital visits)
• Damaged property (phone, clothing)

Multiple Injuries

If you suffered more than one injury, the court identifies the "dominant injury" and values that first. An uplift is then applied for secondary injuries—the totals are NOT simply added together ^[2]. This "dominant injury" principle, established in cases like Collins v Parm, prevents overcompensation while still recognising the full impact.

For example: if you suffered a serious leg fracture (dominant) plus moderate PTSD (secondary), the court values the leg injury first, then adds a percentage uplift for the psychological component rather than adding both full values.

Worked Example: What a Typical Claim Might Be Worth

To give you a realistic sense of figures, here's a worked example:

Scarring and Cosmetic Injuries

Pedestrian accidents often result in visible scarring—from "road rash" abrasions, surgical scars from orthopaedic fixation, or degloving injuries. Scarring compensation depends on:

• Visibility: Facial scars attract higher awards than body scars
• Age: Younger claimants typically receive more for permanent disfigurement
• Gender: Historically, courts awarded more for facial scarring to women, though this is evolving
• Location: Scars on prominent areas (face, hands, lower legs visible in summer) carry more weight

Timing matters: Scars are assessed after maturation—usually 12-18 months post-injury. If you settle before your scars have matured, you may undervalue permanent disfigurement. The Guidelines provide specific bands for minor, moderate, and severe scarring, ranging from €1,500 for minor non-facial scarring to €100,000+ for severe facial disfigurement ^[2].

Secondary Victim Claims: Parents Who Witness

Perhaps the most overlooked claim is for "secondary victims"—parents or close family members who directly witness the collision. Under the Kelly v Hennessy criteria, a parent who directly perceives their child being struck may have their own claim for nervous shock, separate from the child's claim. The requirements are: close tie of love and affection, proximity in time and space, and direct perception of the accident or its immediate aftermath.

Provisional Damages: When Your Injury May Deteriorate

Pedestrian injuries carry a significant risk of future deterioration. Tibial plateau fractures—the classic "bumper fracture"—frequently develop post-traumatic osteoarthritis years after the initial injury appears healed. Traumatic brain injuries may worsen over time, with cognitive decline emerging months or years later.

The problem: If you settle your claim now based on your current condition and your injury worsens later, you generally cannot re-open the claim to seek additional compensation.

The solution: In cases involving a defined risk of future deterioration, you can seek a "provisional damages" arrangement. This allows you to:

• Receive compensation now based on your current condition
• Return to court later if the specified condition develops

Example: You settle a tibial plateau fracture claim with a provisional damages order specifying "development of post-traumatic osteoarthritis requiring knee replacement surgery." If you need a knee replacement in 10 years, you can seek additional compensation at that time.

Limitations to be aware of:

• Only available for specified future conditions (you must identify the risk upfront)
• The risk must be more than fanciful—medical evidence must support it
• Not available through IRB—must be agreed between parties or ordered by court
• Both sides must consent, or you proceed to litigation

Given the high rate of knee and head injuries in pedestrian accidents, provisional damages are particularly relevant to this type of claim. If your medical evidence identifies a risk of future deterioration, discuss this option with your solicitor before accepting any settlement.

For detailed compensation information, see our compensation guide.

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Common Mistakes That Reduce Pedestrian Claims

We often see claims weakened or delayed by avoidable errors. Here are the most common:

1. Delaying medical treatment: If you don't see a doctor for days or weeks, insurers argue your injuries weren't serious. Go to A&E or your GP the same day.
2. Missing the Section 8 letter deadline: The one-month deadline is short. Failing to send it can result in cost penalties later.
3. Losing CCTV evidence: Footage is typically deleted within 14–30 days. Request preservation immediately.
4. Accepting the first offer: Early offers from insurers are often below what you're entitled to. Never settle before your injuries have stabilised and you have a full prognosis.
5. Settling a knee injury too soon: Tibial plateau fractures carry a high risk of later arthritis. Wait for a specialist assessment of long-term consequences.
6. Going it alone on complex claims: The IRB says solicitors aren't required, but complex claims—multiple injuries, disputed liability, MIBI cases—benefit from legal expertise.
7. Posting on social media: Insurers and their investigators monitor social media. A photo of you at a concert can be used to argue your injuries aren't as severe as claimed.

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Do I Need a Solicitor for a Pedestrian Claim?

The IRB says you don't need a solicitor—and for simple claims, that's true. But not every claim is simple.

When You Can Probably Manage Without a Solicitor

• Clear liability: The driver was obviously at fault (ran a red light, mounted the pavement)
• Minor injuries: Full recovery expected within weeks, no long-term effects
• Modest claim value: Likely under €20,000
• No contributory negligence arguments: You were on a crossing with the green man
• You're comfortable with paperwork: IRB forms, medical reports, correspondence

When a Solicitor Adds Real Value

• Disputed liability: The insurer is arguing you were significantly at fault
• MIBI claims: Hit-and-run or uninsured driver cases have strict procedural requirements
• Serious or multiple injuries: Complex medical evidence, specialist reports needed
• Long-term prognosis uncertain: Injuries that may worsen or require future treatment
• Child claims: Court approval required, trust arrangements, litigation friend role
• IRB assessment seems low: Deciding whether to accept or reject and go to court

No win, no fee: Most personal injury solicitors work on a contingency basis. You pay nothing upfront, and if your claim is unsuccessful, you owe nothing for legal fees. If you win, costs are typically recovered from the other side or deducted from your award (usually 20-25% of the total).

To be honest, for a straightforward claim with clear liability and minor injuries, the IRB process is designed to work without legal representation. But if there's any complexity—or if you're unsure—a consultation is usually free.

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Frequently Asked Questions

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What to Consider Next

After reading this guide, you may have follow-up questions specific to your situation. Here are the most common next questions we hear:

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Next Steps: Get Advice on Your Claim

Every pedestrian accident is different. The location, the driver's actions, your injuries, and the available evidence all shape your claim. What applies to one case may not apply to yours.

If you've been knocked down by a car in Ireland and you're not sure where you stand, we offer a free initial consultation with no obligation. We work on a no win, no fee basis for qualifying cases, meaning you pay nothing unless your claim succeeds.

Call us on 01 903 6408 or fill out our online form to request a callback. We're based in Dublin but advise clients across Ireland.

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References

References

All sources accessed January 2026 unless otherwise noted. Irish Statute Book citations are to official published versions.

1. Statute of Limitations (Amendment) Act 1991, Section 2 — irishstatutebook.ie
2. Personal Injuries Guidelines (Judicial Council, March 2021) — judicialcouncil.ie
3. Injuries Resolution Board — citizensinformation.ie
4. MIBI Agreement 2009 — mibi.ie
5. Civil Liability and Courts Act 2004, Section 8 — irishstatutebook.ie
6. Civil Liability Act 1961, Section 34 — irishstatutebook.ie
7. Statute of Limitations 1957, Section 49 (Disabilities) — irishstatutebook.ie
8. RSA Pedestrian Spotlight Report: Fatalities and Serious Injuries 2019–2023 (October 2024) — rsa.ie
9. RSA Provisional Review of Fatalities January–December 2024 — rsa.ie
10. RSA Road Deaths 2025 (1 January 2026) — rsa.ie; Garda Roads Policing Fatalities 2025 — garda.ie
11. RSA Pedestrian Road Safety Advice — rsa.ie
12. Occupiers' Liability Act 1995 — irishstatutebook.ie
13. Data Protection Commission: Individual Rights under GDPR — dataprotection.ie
14. Central Bank (National Claims Information Database) Act 2018, Section 13 — irishstatutebook.ie
15. Road Traffic Act 1961 — irishstatutebook.ie
16. PIAB Act 2003, Section 50 — irishstatutebook.ie
17. Courts Service of Ireland — courts.ie
18. Judicial Council: Personal Injuries Guidelines Committee — judicialcouncil.ie
19. Gov.ie: Minister Burke publishes report and launches IRB Strategy 2025–2029 (November 2025) — gov.ie
20. Road Traffic (Traffic and Parking) Regulations 1997, Section 46 — lawreform.ie
21. McCaughey v Mullan [2014] NIQB 132 — casemine.com
22. Probert v Moore [2012] EWHC 2324 (QB) — casemine.com
23. Joyce v Bradbury [2021] NICA 18 — casemine.com

Related Reading

• Car Accident Claims in Ireland (main guide)
• The Claims Process: IRB to Court
• Car Accident Compensation Amounts
• Claiming Against an Uninsured Driver (MIBI)
• Time Limits for Car Accident Claims
• Psychological Injury Claims