ROAD TRAFFIC ACCIDENTS IRELAND
‘Finding your Way’ – a publication by the PARC (Promoting Awareness, Responsibility and Care) Road Safety Group was produced for families of victims following the serious injury or death of a loved one in a road traffic collision. It is a useful guide that outlines the steps involved in the Garda investigation, Post Mortem, Inquest and civil and criminal investigations and is a point of reference for families at what is an extremely difficult time.
Road Traffic Accident Law
Car accident law relates to rules that determine and aim to establish who is responsible for the personal and property/vehicle damage that occurs as a result of a road traffic accident.
Victims of a car accident must prove the same basic four elements to allow them to recover compensation. These principles include the following:
Breach – the plaintiff will usually be required to provide evidence that a defendant has breached their duty.This can be shown through witness statements, eyewitness testimony, CCTV/traffic surveillance footage or an admission of fault by the other party.
Causation – It must be proved that the defendant’s breach of duty has caused the Injuries to occur. This can be provided through medical testimony showing injuries are consistent with the crash and not pre-existing injuries.
Duty – Drivers have a legal obligation to follow the rules of the road.
Harm – The plaintiff cannot bring a lawsuit unless the defendant’s conduct is the reason damage has been caused to another person or vehicle.
Steps to take when involved in a road traffic accident/collision
- Take photographs of your vehicle and accident locus if possible.
- Take photographs of any visible injuries if possible.
- If you did not require medical attention at the scene of the accident, please ensure that you visit your GP afterwards. It is not uncommon for injuries to present themselves at a later stage.
- Write down all details of the accident as soon as you can. Even small or seemingly minor details can be important at a later stage.
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If you have been involved in a road traffic accident that has resulted in personal injury you may be entitled to claim compensation for your injuries.