Pedestrian Injury Claim Ireland: Your Rights After Being Injured on the Road

A pedestrian injury claim in Ireland is a legal process through the Injuries Resolution Board (IRB) to recover compensation after a person is injured while walking, jogging, or crossing a road due to another party's negligence. Under Irish law, pedestrians can claim whether they were hit by a car, bus, Luas tram, cyclist, or e-scooter, or injured by a defective footpath or unsafe construction zone. Most claims must go through the IRB (formerly PIAB) before court proceedings. The standard limitation period is two years from the date of knowledge under the Statute of Limitations 1957. Pedestrians who were partly at fault can still claim, with the award reduced proportionally under the Civil Liability Act 1961, s.34.

Disclaimer: This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.

Who can make a pedestrian injury claim in Ireland?

Any person injured while on foot due to another party's negligence can claim compensation in Ireland, whether you were crossing a road, walking on a footpath, jogging, waiting at a bus stop, or moving through a car park. You don't need to be blameless. Even pedestrians who were partly at fault can recover compensation, with the award reduced proportionally under Section 34 of the Civil Liability Act 1961.

Claims can be brought by adults, children (through a parent or guardian as "next friend"), elderly pedestrians, tourists visiting Ireland, wheelchair users, and joggers or runners. For children under 18, the two-year limitation period doesn't begin until their 18th birthday, giving them until age 20 to file. Settlements involving minors typically require court approval to ensure fairness. Citizens Information. It's worth noting that you don't need to have been on a designated crossing or wearing high-visibility clothing to make a valid claim.

What types of pedestrian accidents lead to claims?

Pedestrian injury claims in Ireland aren't limited to being hit by a car. The claim route, the liable party, and the evidence you'll need all depend on what caused your injury. Several scenario types involve parties that most guides don't mention.

Hit by a car, van, or lorry

The most common pedestrian accident. The driver's motor insurer is the respondent, and the claim goes through the IRB. For the full process, evidence tips, and contributory negligence detail, see our dedicated guide: hit by a car as a pedestrian.

Hit by a bus, coach, or Luas tram

Public transport collisions involve specific operators and insurers. Dublin Bus and Bus Éireann claims target CIÉ's insurer. Luas claims target Transdev (the operator) or Transport Infrastructure Ireland (TII) if track design or maintenance contributed. Onboard CCTV is typically retained for only 7 to 14 days, so request preservation immediately. See our public transport injury claim guide.

Hit by a cyclist

A critical distinction: cyclists don't carry motor insurance, so MIBI doesn't apply and there's no insurer to pay an award. The claim still goes through the IRB (all personal injury claims must), but with the cyclist named as respondent personally. If the cyclist has no insurance or assets, recovery can be difficult, a detail most guides overlook entirely. See cyclist injury claims.

Hit by an e-scooter

Under the Road Traffic and Roads Act 2023 and related 2024 Regulations, legal e-scooters are limited to 20 km/h and banned from footpaths. A rider who hits you on a pavement is almost always negligent. However, e-scooter insurance coverage remains patchy, creating a potential gap where MIBI may or may not step in depending on the scooter's classification. See our e-scooter accident claim guide.

Footpath defect, pothole, or uneven surface

Local authorities have a statutory duty to maintain public roads and footpaths under Section 13 of the Roads Act 1993. You can claim against your county or city council, though they may argue the defect was a "usual danger" under the Occupiers' Liability Act 1995 (as amended in 2023). Photograph the defect immediately. Councils have been known to repair hazards quickly after an accident report. See pothole and road defect claims.

Construction zone or roadworks accident

Pedestrians redirected into unsafe temporary routes near construction sites may have claims against the contractor, the local authority, or both. The Safety, Health and Welfare at Work Act 2005 imposes duties on those controlling work sites to protect the public. Multi-party liability is common in these cases.

Car park pedestrian accident

Private car parks raise dual liability questions: the driver who struck you and the car park owner/occupier may share responsibility, particularly where poor layout, missing signage, or inadequate lighting contributed to the accident. The Occupiers' Liability Act 1995 governs the occupier's duty. See car park accident claims.

School zone accident

Drivers face a heightened duty of care in school zones. The Road Traffic Act 2024 provides the legislative basis for reducing default speed limits to 30 km/h in urban built-up areas, with local authorities phasing in these limits by 31 March 2027. Many school zones already have 30 km/h special speed limits in place. Where a driver strikes a child in a 30 km/h zone, proving negligence becomes significantly easier. Children's claims have extended limitation periods (starting at age 18), and settlements require court approval.

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Who is liable when a pedestrian is injured?

In Ireland, the party whose negligence caused or contributed to a pedestrian's injury bears legal liability for compensation. This can be a driver, a local authority responsible for road maintenance, a construction company, a public transport operator, a property occupier, or even another pedestrian, cyclist, or e-scooter rider. Irish law applies a "hierarchy of vulnerability": drivers controlling potentially lethal vehicles owe a higher duty of care to unprotected pedestrians, and courts consider this "causative potency" when apportioning fault. In multi-party cases, defendants are jointly and severally liable under the Civil Liability Act 1961 ³, meaning the injured pedestrian can recover the full amount from any one liable party.

Potential liable parties include:

• The driver, for speeding, distraction, failure to yield, or poor observation.
• A local authority, for failing to maintain footpaths, roads, or crossings under the Roads Act 1993 ⁶.
• A construction company, for unsafe temporary pedestrian routes near work sites.
• A public transport operator, such as Dublin Bus, Bus Éireann, or Luas (Transdev/TII).
• A property occupier, including car park owners, shopping centres, and event organisers under the Occupiers' Liability Act 1995 ⁷.
• A cyclist or e-scooter rider, though insurance coverage varies significantly.

A detail that catches many claimants off guard: in multi-party cases, you don't need to identify which defendant caused which percentage of harm. You can issue proceedings against all potentially liable parties and let the court apportion responsibility between them.

What if you were partly at fault?

Contributory negligence reduces your compensation proportionally. It does not bar your claim. Under Section 34 of the Civil Liability Act 1961 ³, the court apportions fault between the parties. A pedestrian found 20% at fault receives 80% of the full award.

These are indicative ranges based on Irish case patterns. Each case turns on its specific facts. There is no offence of "jaywalking" in Ireland. Crossing away from a designated crossing may contribute to fault but isn't a criminal offence. Under the Road Traffic (Traffic and Parking) Regulations 1997, pedestrians should use a crossing if one exists within 15 metres, but crossing elsewhere isn't illegal.

From handling pedestrian claims in Irish courts, the pattern is clear: pedestrians are rarely found more than 50% liable. 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. An emerging factor worth noting: electric and hybrid vehicles operating at low speeds are significantly quieter than petrol or diesel engines. Since July 2019, new EVs in the EU must have an Acoustic Vehicle Alerting System (AVAS), but older models may not. A pedestrian who "didn't look" may have been reasonably listening for approaching traffic that made no sound, which can reduce contributory negligence findings. For detailed case law analysis, see our pedestrian hit by car guide.

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What should you do immediately after being injured?

Report to Gardaí, see a doctor, and request CCTV preservation, ideally within 48 hours. What you do immediately after a pedestrian accident directly affects your claim's strength and the compensation you'll receive.

1. Call 999/112, if injured. Get medical attention before anything else.
2. Report to Gardaí and get a PULSE reference number. For MIBI hit-and-run claims, report within two days. MIBI Agreement 3.13.
3. Photograph everything: the scene, your injuries, vehicle damage, road markings, weather conditions, and traffic signs.
4. Get witness details: names and phone numbers. Independent witnesses carry more weight than family or friends.
5. Request CCTV immediately via a GDPR Subject Access Request under GDPR Article 15. Commercial CCTV is typically overwritten within 7 to 30 days.
6. See your GP or attend A&E on the same day. Medical records linking your injuries to the accident are essential for IRB applications.

Section 8 letter (1-month deadline). Send a letter to the person or entity responsible within one month of the accident under Section 8 of the Civil Liability and Courts Act 2004. This deadline was originally two months but was reduced to one month by the Central Bank (National Claims Information Database) Act 2018, s.13, effective 28 January 2019. Missing it won't bar your claim, but the court shall draw adverse inferences and may impose cost penalties.

For a downloadable evidence checklist and CCTV request template, see our evidence checklist page.

How do you start a pedestrian injury claim?

Five steps take you from accident to assessment: report, medical evidence, Section 8 letter, IRB application, then assessment or court.

1. Report to Gardaí and get a PULSE reference number.
2. Gather medical evidence: GP records, A&E notes, consultant reports, and any ongoing treatment records.
3. Send the Section 8 letter to the respondent within one month ¹².
4. Apply to the IRB with Form A, your medical report, and the €45 fee. The respondent has 90 days to consent to assessment. IRB process.
5. Accept the IRB assessment or proceed to court. The IRB typically completes assessments within roughly 9 months.

According to the IRB's published annual statistics, 69% of motor-liability assessments were resolved at IRB level in H2 2024, with a consent rate of 71%, a record high. A detail that surprises clients: IRB routinely requests additional GP reports for soft-tissue claims above €30,000. We prepare these upfront to avoid delays. For the full IRB process, see our IRB claims guide.

How long does a pedestrian claim take?

These are experience-based ranges, not predictions. Your specific facts, evidence, and medical recovery drive timing.

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What if the driver fled or had no insurance?

You can still claim compensation through the Motor Insurers' Bureau of Ireland (MIBI) even if the driver fled or had no insurance. MIBI is funded by Irish motor insurers and covers both uninsured and untraced (hit-and-run) driver claims, but the two routes have different procedural rules that you'll need to follow carefully.

The difference between uninsured and untraced routes often comes down to one overlooked rule: missing the two-day Garda reporting deadline for an untraced vehicle can permanently bar your MIBI claim. For the full MIBI process, see our uninsured driver claims guide and hit-and-run claims guide.

How much compensation for a pedestrian injury?

Awards in Ireland follow the Personal Injuries Guidelines (2021), which both the IRB and courts must have regard to when assessing general damages (pain and suffering). Special damages, such as medical expenses, lost earnings, and travel costs, aren't covered by these bands and are calculated separately based on your actual losses.

Source: Personal Injuries Guidelines (Judicial Council, 2021). These are general damages only (pain and suffering). Special damages are additional. A proposed 16.7% increase was approved by the Judicial Council but has not been approved by the Oireachtas as of March 2026. The 2021 figures still apply. Judicial Council. The Supreme Court confirmed the binding legal status of the Guidelines in Delaney v Personal Injuries Board (2024), while ruling that future amendments now require Oireachtas approval Insurance Ireland. The Government has responded with the Judicial Council (Amendment) Bill 2026, which extends the Guidelines review period from three to five years.

According to the IRB Motor Liability Report (May 2025), the typical pedestrian injury award is approximately €33,576, significantly higher than the overall motor liability average of €17,333, reflecting the severity of injuries sustained by unprotected road users. For detailed compensation analysis, see our car accident compensation guide and damages hub.

How long do you have to make a pedestrian claim?

Two years from the date of knowledge is the standard limitation period for personal injury claims in Ireland under the Statute of Limitations 1957 ². Submitting your IRB application pauses the clock under Section 50.

Key exceptions include the date of knowledge rule (the clock starts when you first knew your injury was significant), claims by children (the clock starts at age 18), and claims involving persons under a disability (the clock pauses while the person lacks capacity). Statute of Limitations (Amendment) Act 1991, s.2.

A pedestrian-specific example: you're struck at a junction, attend A&E, and are discharged with what appears to be mild bruising. Three weeks later, persistent headaches, dizziness, and memory problems lead to a concussion diagnosis. Your two-year clock starts from the date of that diagnosis, not the date of the accident. This matters because delayed symptoms after pedestrian collisions, particularly head injuries, are more common than most people realise.

Local authority claims carry an extra practical hurdle: councils are insured by IPB Insurance and routinely contest liability by arguing a defect was a "usual danger" or that they had no knowledge of it. Starting the process early and preserving photographic evidence is critical. Civil Liability and Courts Act 2004 ¹².

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What if your case is more complex?

Pedestrian claims become more complex when liability is disputed between multiple defendants, when injuries are delayed or psychological, when the claimant is elderly or a child, or when the accident involves a local authority or public transport operator. These complications change the claim route, the evidence required, or the parties involved. Below are the most common scenarios.

Multiple injuries and the "dominant injury plus uplift" rule

Pedestrians struck by vehicles rarely sustain a single injury. The Court of Appeal clarified in Collins v Parm (2024) that courts can't simply add the maximum value of each injury together. Assessors must identify the dominant injury, value it, then apply a proportionate uplift for lesser concurrent injuries. William Fry analysis ¹⁹.

Elderly pedestrians

Those aged 75 and older account for 23% of all pedestrian fatalities in Ireland despite being a smaller share of the population. RSA Pedestrian Spotlight Report (Oct 2024). Older pedestrians sustain more severe injuries from the same impact force. Courts may consider reduced life expectancy when calculating future losses, but vulnerability can support higher general damages for pain and suffering.

Psychological injuries

PTSD, anxiety, and travel phobia are common after pedestrian accidents and are compensable under the Guidelines, provided you obtain a formal psychiatric or psychological diagnosis. GP notes alone typically don't suffice. See our psychological injuries guide.

The Road Traffic Act 2024 and new 30 km/h speed limits

The Road Traffic Act 2024 ⁹ provides the legislative basis for reducing default speed limits to 30 km/h in urban built-up areas and 60 km/h on rural local roads. Rural local roads already changed on 7 February 2025. Urban 30 km/h limits are being phased in by local authorities, with a target date of 31 March 2027. Many school zones and town centres already operate at 30 km/h under special speed limit bye-laws. Where a driver strikes you in a zone that has already adopted the 30 km/h limit, proof of negligence is considerably stronger. The Act also introduces mandatory drug testing by An Garda Síochána at the scenes of serious collisions, providing objective evidence of driver impairment that was previously harder to establish.

Why the 30 km/h limit matters for your claim: according to peer-reviewed research, pedestrians have roughly a 90% chance of surviving a collision at 30 km/h, but less than a 50% chance at 45 to 50 km/h. The fatality risk at 50 km/h is more than five times higher than at 30 km/h. European Commission Road Safety, Hussain et al. (2019), Accident Analysis and Prevention. As 30 km/h zones expand across Irish urban areas, a driver travelling at even moderate speed in a residential area may be provably negligent, strengthening your claim.

Which court hears your pedestrian claim?

Where your case is heard depends on the value of your claim. Issuing in the wrong court can result in cost penalties, so getting this right matters.

Current limits per Courts Service. The Civil Reform Bill 2025 proposes the first increases since 2013. Department of Justice. The proposed limits haven't been enacted yet as of March 2026.

What mistakes weaken pedestrian claims?

Procedural errors are the most common reason pedestrian claims fail or settle below their true value. Based on patterns observed in IRB applications and court filings under the Civil Liability and Courts Act 2004, these five mistakes come up repeatedly:

• Waiting too long to request CCTV. Most commercial footage is overwritten within 14 to 30 days. Every week you delay reduces your chances of preserving the strongest evidence.
• Admitting fault at the scene. Saying "sorry" or "I should have looked" can be used against you, even if the driver was clearly negligent. Let the evidence speak.
• Missing the one-month Section 8 deadline. Failing to notify the respondent within one month won't bar your claim, but it can trigger cost penalties at trial.
• Naming the wrong respondent at the IRB. A bus accident claim against the driver personally, rather than the operator's insurer, can delay your entire case by months.
• Gaps in medical records. The IRB requires a clear chain from the accident to your current symptoms. A two-month gap between A&E and your next GP visit raises questions about whether the injury is connected to the accident.

Do you need a solicitor for a pedestrian injury claim?

You aren't legally required to use a solicitor, but the strict procedural deadlines and multi-party liability issues in pedestrian claims make professional guidance strongly advisable. Missing a Section 8 deadline, failing to name the correct respondent at the IRB, or losing CCTV evidence can permanently damage your claim. The Law Society of Ireland recommends obtaining legal advice before submitting an IRB application. It's also common for insurers to dispute liability aggressively in pedestrian cases, particularly where contributory negligence is alleged.

Most personal injury solicitors in Ireland offer a free initial consultation, and many work on a "no win, no fee"* basis, meaning you don't pay legal fees unless your claim succeeds. If your case involves multiple defendants, an untraced driver, or a local authority, you'll benefit from professional support navigating the different claim routes and deadlines.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Pedestrian accident statistics in Ireland (2025)

Provisional data from the Road Safety Authority (RSA) confirms that pedestrians remain among Ireland's most vulnerable road users. According to the IRB Motor Liability Report (May 2025) ¹⁶, pedestrians account for roughly 6% of all motor-liability claims but 29% of fatal claims between 2019 and 2024. Whether you were knocked down by a car on a crossing, struck by a bus at a junction, or tripped on a broken footpath, the data confirms that pedestrians face serious risk on Irish roads.

All 2025 figures are provisional. Source: RSA Road Deaths 2025, RSA Pedestrian Spotlight Report (Oct 2024).

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Common Questions

Related questions

What happens if I reject the IRB assessment?

The IRB issues an Authorisation allowing you to proceed to court. Rejecting a low assessment doesn't end your claim. It means you believe the case is worth more and want a judge to decide. However, if you reject the assessment and then receive a lower court award, you may face cost penalties. For the full IRB accept-or-reject analysis, see our accept or reject IRB assessment guide.

Can I claim for a pedestrian accident on private property?

Yes. Accidents in shopping centres, private car parks, or housing estates can give rise to claims under the Occupiers' Liability Act 1995. The key question is whether the occupier took reasonable steps to keep the premises safe. See our car park accident claims guide for more detail.

What if the pedestrian died?

The deceased's family can bring a fatal injury claim under the Civil Liability Act 1961. Dependants may claim for financial loss, mental distress, and funeral expenses. These claims are complex and time-sensitive. Seek legal advice promptly. See our fatal accident claims guide.

References

1. Injuries Resolution Board, Making a Claim (2025)
2. Statute of Limitations 1957, s.11, irishstatutebook.ie
3. Civil Liability Act 1961, s.34, irishstatutebook.ie
4. Citizens Information, Injuries Resolution Board (2025)
5. E-Scooter Regulations, Department of Transport (2024)
6. Roads Act 1993, s.13, irishstatutebook.ie
7. Occupiers' Liability Act 1995, irishstatutebook.ie
8. Safety, Health and Welfare at Work Act 2005, irishstatutebook.ie
9. Road Traffic Act 2024, Department of Transport
10. MIBI Agreement (2009), mibi.ie
11. GDPR Rights, Data Protection Commission
12. Civil Liability and Courts Act 2004, s.8, irishstatutebook.ie
13. IRB Annual Statistics, injuries.ie (2024)
14. Personal Injuries Guidelines (Judicial Council, 2021)
15. Judicial Council, Personal Injuries Guidelines Committee
16. IRB Motor Liability Personal Injury Claims & Awards 2019-2024 (May 2025)
17. Statute of Limitations (Amendment) Act 1991, s.2, irishstatutebook.ie
18. Keane v Donegal County Council [2022] IEHC 431, Courts.ie
19. Collins v Parm, Multiple Injuries Guidelines, William Fry (2024)
20. RSA Pedestrian Spotlight Report: Fatalities and Serious Injuries 2019 to 2023 (Oct 2024)
21. RSA Provisional Review of Fatalities, January to December 2025
22. Delaney v Personal Injuries Board, Supreme Court 2024, Insurance Ireland
23. Judicial Council (Amendment) Bill 2026, Oireachtas pre-legislative scrutiny
24. European Commission Road Safety, Impact Speed and Pedestrian Survival
25. Hussain et al. (2019), Impact speed and pedestrian fatality, Accident Analysis and Prevention
26. Courts Service of Ireland, Understanding the Courts System
27. Department of Justice, Civil Reform Bill 2025