Using a mobile phone while driving has become one of the most significant dangers on Irish roads. A split-second decision to check a notification or answer a call can result in life-altering consequences for innocent road users.
At Michael Boylan Litigation, we see the devastation caused when a driver’s attention is diverted from the road to a screen. These are not simple accidents; they are often preventable incidents caused by a conscious choice to ignore safety. We are specialist litigators dedicated to uncovering the facts, establishing accountability, and ensuring that those injured by distracted drivers receive the comprehensive support they need to recover.
What counts as distracted driving in Ireland
Distracted driving covers any activity that diverts a person's attention away from the primary task of driving. While An Garda Síochána focuses on the specific offences,such as holding a mobile phone,civil claims look at the broader picture of how distraction leads to negligence.
Mobile phone distraction (handheld vs. handling vs. checking)
Under Irish road traffic laws, it is an offence to hold a mobile phone while driving. However, distraction goes beyond just holding the device to your ear.
Handheld Use: This includes making calls, texting, or scrolling through social media while the phone is in your hand.
Handling: This covers picking up the phone to check the time, declining a call, or moving it to a different position. Even if the screen is not active, the act of removing a hand from the steering wheel reduces control.
Checking Notifications: Glancing down at a phone resting in a cup holder or on the passenger seat is a major cause of collisions. Taking your eyes off the road for just two seconds at 60km/h means you travel a significant distance essentially blind.
Why hands-free usage is still a risk (cognitive distraction)
Many drivers believe that using a hands-free kit is entirely safe. While it may be legal under certain conditions, it does not eliminate risk. The concept of "cognitive distraction" means that while your eyes may be on the road, your mind is focused on the conversation rather than the driving environment.
If a driver is engaged in a heated argument or a complex work call via Bluetooth, their reaction times to sudden hazards,like a child stepping out or a car braking ahead,are significantly slower. In a civil claim, a driver can still be found negligent for being distracted by a hands-free call if it caused them to drive carelessly.
Other distractions that commonly overlap (satnav, passengers, eating)
Mobile phones are often part of a wider pattern of inattention.
Satnav and Maps: Programming a GPS while moving or staring at a complex map on a screen draws focus away from the road ahead.
Passengers: Turning to face passengers or dealing with children in the back seat often coincides with phone use.
Eating and Drinking: Holding food or coffee reduces physical control of the vehicle and readiness to react.
How mobile phone distraction causes serious collisions
When a driver looks at their phone, they are effectively driving blind. The specific types of collisions we see in these cases are directly related to this lack of visual and mental focus.
Rear-end shunts and failure to stop
The most common result of phone use is the rear-end collision. This typically happens in slow-moving traffic or on motorways when traffic comes to a sudden halt. A driver looking at their lap does not see the brake lights ahead until it is too late. Because they do not brake before impact, these collisions often occur at full speed, causing significant force to be transferred to the car in front.
Lane drift and head-on collisions
A driver texting or reading a message tends to subconsciously steer the wheel slightly as they look down. This results in the vehicle drifting out of its lane.
On motorways: This can lead to side-swipe collisions with vehicles in the overtaking lane.
On rural roads: This is particularly dangerous as the vehicle may drift across the centre white line into the path of oncoming traffic, resulting in devastating head-on impacts.
Failure to yield at junctions and crossings
Distracted drivers often suffer from inattentional blindness. They might be looking at the road, but their brain is not processing the visual information. This leads to drivers pulling out from junctions without seeing oncoming cars, or failing to spot pedestrians and cyclists at crossings. They effectively look through the hazard rather than at it.
When a mobile-phone distraction claim may arise
Claims for distracted driving are not limited to other motorists. Anyone who has suffered an injury due to another person's lack of attention has the right to seek recourse.
Driver, passenger, pedestrian and cyclist scenarios
Other Drivers: If you were hit by a distracted driver, you are the primary claimant.
Passengers: Passengers in the innocent vehicle have a clear claim. Passengers in the distracted driver's vehicle also have a valid claim against their own driver if they are injured, as the driver owes them a duty of care.
Pedestrians and Cyclists: These road users are the most vulnerable. A distracted driver often fails to leave adequate passing space or check blind spots, leading to serious impact injuries.
Collisions involving taxis, buses and commercial vehicles
Professional drivers are not immune to distraction. In fact, the pressure to respond to dispatchers, check apps for fares, or follow GPS routes can make them more susceptible. If you are injured while a passenger in a taxi or bus because the driver was using a device, you have grounds for a claim.
If the at-fault driver was working
Many distractions occur because a driver is working on the road,answering work emails, taking client calls, or checking delivery schedules. If the driver was working at the time of the accident, their employer may be held responsible.
What to do after a crash where phone distraction is suspected
Taking the right steps immediately after an accident can protect the evidence needed to prove the other driver was at fault.
Ensure Safety First: Your health is the priority. Call emergency services if anyone is injured. Do not move vehicles if it creates a danger, but ensure you are in a safe position.
Call An Garda Síochána: In cases of suspected phone use, Garda attendance is vital. Inform them of your suspicion so they can note it in their report. Ask for the PULSE reference number.
Observe the Driver: Immediately after the crash, note if the driver is still holding their phone, hiding it, or finishing a call. These small details can be crucial later.
Take Photographs: Photograph the position of the vehicles, the road conditions, and any skid marks (or lack thereof). If safe, photograph the interior of the other car if a phone is clearly visible on the seat or lap.
Gather Witness Details: Independent witnesses are often the only ones who saw the driver looking down. Get names and phone numbers immediately.
Seek Medical Attention: Visit a doctor or A&E as soon as possible. Medical records are the foundation of any injury claim.
Proving the other driver was using a phone
This is the most challenging aspect of these claims. It is often one person's word against another's. While you may strongly suspect the driver was distracted, suspicion alone is not enough to prove liability in a legal setting. We must build a case based on evidence such as:
Dashcam Footage: This is often the best evidence. Rear-facing cameras on your car or front-facing cameras on other vehicles may capture the driver looking down or holding a device.
CCTV Footage: Security cameras from nearby businesses or traffic management cameras can sometimes provide a clear view of the driver inside the cabin.
Independent Witnesses: A statement from a pedestrian or another motorist who saw the driver holding a phone is extremely powerful.
Garda Observations: If a Garda attended the scene and suspected phone use, their official report will carry significant weight.
Admissions: Sometimes, in the shock of the moment, a driver will admit, "I didn't see you, I was checking my map." Make a note of any such comments immediately.
How phone records can become relevant
In serious cases where liability is strongly disputed and the injuries are significant, it may be possible to request mobile phone records. These logs can show if a call was active or a text was sent at the exact moment of the collision. However, obtaining these requires a specific legal process and is not automatic in every minor claim.
How liability is assessed in distracted driving collisions
You do not need to understand complex legal statutes to understand how your claim is assessed. It comes down to three simple concepts: duty, breach, and cause.
Duty of care and breach (The driver's responsibility)
Every road user owes a duty of care to others. This simply means they must drive with the skill and attention expected of a reasonable, careful person.
If a driver chooses to look at their phone, they have failed to pay attention. This failure is called a breach of duty. By taking their eyes off the road, they have fallen below the standard required by law.
Causation (Linking the distraction to the impact)
It is not enough to show the driver was on their phone; we must prove that the phone use caused the accident.
For example, if a driver was on a hands-free call but was stopped safely at a red light when you hit them, their phone use did not cause the crash. However, if they were texting and failed to brake, crashing into you, the link is clear. This is known as causation.
Contributory negligence
Sometimes, the other side will argue that you were also partially to blame. This is called contributory negligence.
For instance, if the other driver drifted into your lane because they were texting, but you were driving significantly over the speed limit, a court might decide you are 20% responsible for the accident. Your compensation would then be reduced by that percentage. Evidence is vital here to show that the primary cause was the other driver's distraction, not your actions.
The personal injury claims process in Ireland
Most personal injury claims in Ireland must follow a specific administrative path before they can go to court.
The Injuries Resolution Board (IRB) Assessment
The Injuries Resolution Board (formerly PIAB) is an independent body that assesses personal injury claims. They determine the amount of compensation due based on medical evidence, without the need for a court hearing. They generally do not investigate liability (who is at fault) in depth; they focus on the value of the injury.
The typical stages include:
Application: We submit a detailed application on your behalf, including medical reports and details of the accident.
Consent: The other driver's insurance company must agree to let the IRB assess the claim.
Medical Assessment: You will likely be examined by an independent doctor appointed by the Board.
Assessment: The Board issues a "Notice of Assessment" stating the compensation figure they believe is fair.
Decision: Both you and the insurer must decide whether to accept or reject this amount.
If the claim does not resolve at the IRB assessment stage
If the insurance company denies liability (e.g., they deny the driver was distracted) or if either side feels the compensation offered is too low, the IRB will issue an Authorisation. This document allows us to take the case into the legal system (court) to fight for a fair outcome.
What the assessment of damages generally considers
Compensation is intended to put you back in the position you were in before the accident, as far as money can do so. It is split into specific categories.
General damages (Pain and suffering)
This covers the physical and emotional impact of the injury. It compensates you for the pain, suffering, and loss of quality of life you have endured. The amount depends on the severity of the injury, the recovery time, and the long-term prognosis, guided by the Personal Injury Guidelines.
Special damages (Financial losses and out-of-pocket expenses)
You should not be out of pocket because of someone else's negligence. This category covers measurable financial losses, such as:
Medical bills (GP, hospital, physiotherapy).
Loss of earnings if you were unable to work.
Travel costs to medical appointments.
Vehicle repair or replacement costs.
Future losses and long-term impact (where medically supported)
In serious cases where full recovery is not possible, compensation may include:
Future medical care or rehabilitation costs.
Future loss of earnings if you cannot return to your previous job.
Assistive technology or home modifications if the injury results in disability.
Common questions about mobile phone distraction claims
What if the driver denies using their phone?
This is very common. If the driver denies it, we look for other evidence such as witness statements, dashcam footage, or vehicle damage patterns (like a lack of skid marks) that suggest inattention. In serious cases, we may seek a court order to examine phone records.
What if the driver was using hands-free?
Using hands-free is not an automatic defence. If the conversation caused a cognitive distraction that led to careless driving (like drifting lanes), the driver can still be held liable for negligence.
Can a Garda prosecution help the civil case?
Yes. If the Gardaí prosecute the driver for using a mobile phone or dangerous driving, a conviction in the District Court serves as strong proof of liability for your civil claim. However, the civil claim can proceed even without a criminal conviction.
What if I was a passenger and didn't know what happened?
As a passenger, you are almost always an innocent party. You do not need to know exactly why the crash happened to make a claim. We will investigate the cause on your behalf. You can claim against the driver of the other car, the driver of the car you were in, or both.
How long do these claims take in Ireland?
There is no fixed timeline as every case is different. Simple cases resolved by the IRB may take roughly one year. Cases involving disputed liability or complex injuries that proceed to court will take longer. It is important not to rush settlement before your medical prognosis is clear.
How Michael Boylan Litigation can assist
Distracted driving cases require a meticulous approach to ensure the truth is established. We act as your advocate, handling the complex legal and administrative work so you can focus on recovery.
Evidence gathering and preserving key records
We move quickly to preserve evidence that might otherwise be lost. This includes issuing letters to preserve CCTV footage from nearby businesses, contacting witnesses, and engaging forensic engineers to inspect the vehicles and crash site.
Managing the IRB process and documentation
We handle the entire application process to the Injuries Resolution Board. We ensure that your application is accurate, comprehensive, and supported by the necessary medical documentation to prevent delays or errors.
Coordinating medical reports and expert input where required
To ensure your claim is valued correctly, we coordinate with your treating doctors and, where necessary, specialist consultants. We ensure that the full extent of your injuries,including any psychological impact or future rehabilitation needs,is clearly documented and presented.
We are here to help you move forward
If you have been injured by a driver who chose their phone over your safety, you deserve justice and support. Please contact our team to discuss your situation. We will listen to your story, explain your legal options in plain English, and help you take the first steps toward securing the outcome you deserve.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
