When a pedestrian is involved in a collision, the consequences are often immediate and serious. Unlike drivers, pedestrians have no protection, and even low-speed impacts can result in significant injury. In the aftermath, people are left dealing with medical treatment, uncertainty about recovery, and disruption to work and daily life, often while trying to understand how the incident happened in the first place.
At Michael Boylan Litigation, we act for pedestrians who have been injured on Irish roads and in public places, and we see first-hand how quickly a single moment can change everything.
What counts as a pedestrian accident claim?
A pedestrian accident claim is not limited to the classic image of a person hit by a car on a main road. In Irish law, pedestrians can be injured in a wide range of traffic and public space situations. What matters is that:
You suffered a recognisable injury, and
That injury was caused by the negligence of another person or organisation.
This can include impacts with cars, vans, buses, lorries, cyclists, e-scooters, or accidents caused by the layout or condition of the area where you were walking.
Who may be responsible
Responsibility is not always limited to the person behind the wheel. Depending on the circumstances, several different parties may be legally responsible, sometimes together.
Potentially liable parties include:
The driver: For example, where the driver failed to keep a proper lookout, drove at an unsafe speed, or ignored pedestrian lights or crossings.
The vehicle owner: This can be relevant where the owner allowed an unfit or uninsured driver to use the vehicle, or where legal responsibility rests with the owner under insurance arrangements.
Employers of commercial drivers: If the vehicle is being used for work purposes (for example a delivery van, bus, HGV, taxi or courier vehicle), the employer may be responsible through what is known as vicarious liability, or for poor training or unsafe systems of work.
Occupiers or property owners: Those who control car parks, retail parks, forecourts, business premises or private estates may have duties around safe layout, markings, lighting, and pedestrian routes. Poor design or maintenance can contribute to a pedestrian being hit.
Multiple parties (shared liability): In many cases, more than one party may share responsibility, for example, a driver travelling too fast in a poorly lit estate with unclear signage. The law allows for liability to be apportioned between those at fault.
What to do after a pedestrian accident (first 48 hours)
Medical attention and documentation
After any impact, it is vital to prioritise your health:
Seek medical attention as soon as possible, whether through your GP, an out-of-hours clinic, or an emergency department.
Even if injuries seem minor, hidden or internal injuries, head injuries, and soft-tissue injuries can worsen over time.
A prompt medical review creates an early, objective record of your symptoms, the mechanism of injury (for example being struck by a vehicle), and the treatment plan.
These early records are often relied upon later by the Injuries Resolution Board and by the courts when reviewing the nature and extent of your injuries.
Reporting to Gardaí
As soon as it is practical:
Report the incident to An Garda Síochána, this can be at the scene if Gardaí attend, or at a station afterwards.
Give clear details about the location, time, vehicles involved, and any witnesses.
Ask for the PULSE or reference number associated with your report and keep this safely.
A Garda report can be very important for confirming that the accident occurred, recording details of vehicles and drivers, and sometimes including sketches or photographs taken by the attending Garda. This can form part of the official record used later.
Evidence to gather immediately
If you are able, or if someone can assist you, it helps to gather basic evidence as soon as possible:
Photos of the scene and your visible injuries
Exact location details (street name, nearby junctions, GPS pin, or identifiable landmarks)
Names and contact details for witnesses who saw the impact or events immediately before and after
Vehicle registration numbers, make and model, and if possible the driver’s insurance details
Even simple photos and short notes can help to rebuild the sequence of events when memories have faded.
What not to do
Some understandable reactions can unintentionally weaken a future case. It is usually best to avoid:
Speculating about what happened or guessing at speeds or distances if you are not sure
Admitting fault at the scene, even to “keep the peace”, liability is a legal question that should not be decided at the roadside
Accepting informal cash settlements or signing anything without legal advice
Posting details, photos or opinions on social media, which can later be taken out of context or misinterpreted
Common pedestrian accident scenarios in Ireland
The legal assessment of a pedestrian accident depends very much on the context, where it happened, how traffic was controlled, and what each party was doing. Some scenarios arise frequently in Ireland.
Crossing incidents: Liability can depend on the type of crossing:
At zebra crossings, drivers have a clear duty to yield once a pedestrian has stepped onto the crossing.
At signal-controlled pedestrian lights, both drivers and pedestrians must obey the lights, and the timing of the signals can be important.
At uncontrolled crossings or informal crossing points, responsibility is assessed by looking at speeds, visibility, and lookout on both sides.
Turning collisions: Many pedestrian accidents involve vehicles turning left or right at junctions. Drivers must take particular care when turning across the path of pedestrians, especially where green walking men or filter lights may give confusing signals. Failing to properly check mirrors, blind spots and the crossing area can amount to negligence.
Reversing vehicles: Accidents commonly happen in driveways, loading bays, laneways and car parks, where vehicles reverse into or across pedestrian routes. Drivers should reverse slowly, use mirrors and cameras where fitted, and in some commercial settings use a banksman or helper.
Bus, coach and HGV collisions: Larger vehicles have significant blind spots, particularly alongside and immediately in front of the cab. Pedestrian accidents may occur when a bus pulls away from a stop or when an HGV turns at a junction.
School zones and residential estates: Children can behave unpredictably, stepping into the road suddenly or cycling out from between parked cars. Drivers travelling through school zones and housing estates are expected to drive at lower speeds, anticipate children near the road, and respect local traffic calming measures and reduced limits.
Night-time and poor visibility: At night, in rain or fog, or where street lighting is poor, visibility is reduced for both driver and pedestrian. The law will look at headlight use, speed, road lighting, and the visibility of clothing or reflective gear, but drivers still owe a high duty of care to look out for pedestrians.
E-scooters and cyclists: Collisions involving e-scooters or bicycles can cause serious injury to pedestrians.
Proving fault in a pedestrian accident
To succeed with a pedestrian accident claim, it is usually necessary to show that:
Another person or body owed you a duty of care,
That duty was breached, and
This breach caused your injuries.
Different parties, drivers, employers, local authorities, occupiers, may each have specific duties, and the evidence must be pieced together carefully.
Contributory negligence
In some situations, the law recognises that the pedestrian’s own conduct may have played a part in the accident. Examples include:
Crossing away from a nearby pedestrian crossing
Stepping out from between parked cars, making it very hard for a driver to react
Crossing while distracted by a phone or headphones
This does not necessarily prevent a claim, but the court may make a finding of contributory negligence, reducing the overall award to reflect the share of responsibility. Each case is fact-specific, and it is important to look at the whole picture, including driver speed, visibility and local layout.
The evidence that usually decides liability
In practice, liability in a pedestrian accident is often resolved by a combination of:
CCTV or dashcam footage, showing movements, speed and signals
Witness statements from bystanders, passengers or nearby residents
Garda notes or sketches, including measurements or observations from the scene
Patterns of vehicle damage, for example where impact points on the vehicle align with the pedestrian’s account
This evidence is brought together to build a coherent account of how and why the accident occurred.
Injuries pedestrians commonly suffer
Unlike vehicle occupants, pedestrians have no protective shell around them. Even a low-speed impact can lead to serious injuries, especially for children and older people. The pattern of injury will depend on:
The height and build of the pedestrian,
The type of vehicle, and
Whether the pedestrian was knocked to the ground or onto the bonnet.
Physical injuries
Common physical injuries for pedestrians include:
Fractures and orthopaedic injuries: Broken bones in the legs, arms, pelvis, ribs or collarbone are very common, often requiring plaster casts, surgery, or metal plates and screws, followed by physiotherapy.
Head and brain injuries (with possible delayed symptoms): A pedestrian may sustain a concussion or more serious brain injury, even without a visible wound. Symptoms such as headaches, dizziness, memory issues, mood change or sensitivity to light can develop over hours or days. Serious brain injuries may have long-term effects on cognition, behaviour and independence.
Spinal injuries: Forces from impact and from hitting the road can cause spinal fractures, disc injuries, or nerve involvement, sometimes leading to chronic pain, mobility issues or neurological symptoms.
Psychological and long-term impact
Pedestrian accidents can also leave a deep psychological mark:
People often experience anxiety, low mood, intrusive memories, sleep disturbance or fear around traffic.
The recovery journey may involve surgery, rehabilitation, occupational therapy, and changes to work or home life.
Time off work, reliance on family for care, and reduced independence can place practical and emotional strain on individuals and families.
It is important that psychological symptoms are reported to your doctor and, where appropriate, to treating psychologists or psychiatrists so that they are properly documented and managed.
How pedestrian accident claims are assessed in Ireland (IRB)
Most pedestrian accident claims in Ireland are initially dealt with through the Injuries Resolution Board (previously the Personal Injuries Assessment Board). The Board is an independent State body which assesses personal injury claims arising from road traffic, workplace and public place accidents, with the aim of resolving cases fairly and efficiently without unnecessary court proceedings.
When an application is required
In most cases, before court proceedings can be issued, there is a legal requirement to:
Submit an application to the Injuries Resolution Board, within the applicable time limit,
Provide required details about the accident, injuries and parties involved, and
Pay a modest application fee set by the Board.
There are limited exceptions, for example some claims involving solely psychological injuries are treated differently under recent legislative changes, but in the majority of pedestrian accident cases an IRB application is the first formal step.
Documentation and assessment
When a pedestrian accident claim is lodged with the Injuries Resolution Board, the Board will typically consider:
A medical report from your treating doctor or specialist
Details of special damages, for example treatment costs, loss of earnings, travel expenses, aids and equipment, and other out-of-pocket costs
Any relevant witness evidence or supporting documents
Outcomes and next steps
Once the Injuries Resolution Board has made its assessment:
If both you and the respondent(s) accept the assessment, it becomes binding, and the matter can conclude at that stage.
If either side does not accept the assessment, the Board will issue an Authorisation, allowing the claimant to initiate court proceedings if advised to do so.
Our role is to advise you on the adequacy of any assessment in the context of your injuries, prognosis and financial losses, and to outline the options for resolution or litigation in a balanced way.
Time limits for pedestrian accident claims
Irish law imposes strict time limits for bringing most personal injury claims, including pedestrian accident claims. If these limits are missed, the claim may become statute-barred, meaning it cannot be pursued.
The general two-year rule
For adults, the basic rule is that a claim must be started within two years from the “date of knowledge”. In everyday terms, this usually means:
Two years from the date of the accident, where you knew straight away that you were injured and that someone else was likely at fault, or
Two years from when you reasonably became aware that you had a significant injury connected to the accident and that another party may bear legal responsibility.
Special situations
Certain circumstances are treated differently:
Claims involving children: Where the injured person is under 18, the two-year limitation clock typically starts on their 18th birthday, meaning a claim may be possible up to their 20th birthday, although it is often advisable to investigate much earlier while evidence is fresh.
Fatal pedestrian accidents: Where a pedestrian tragically dies as a result of a collision, certain dependants may have a claim under fatal injuries legislation, usually within two years from the date of death or date of knowledge that negligence may have been involved.
Because time limits can be complex, we usually recommend seeking legal advice as early as possible, even if you are not yet sure whether you wish to proceed.
FAQs
Do pedestrian claims have to go through the Injuries Resolution Board?
In most cases involving personal injuries from road traffic accidents, including pedestrian accidents, an application to the Injuries Resolution Board is a mandatory first step before court proceedings can be issued. There are limited exceptions, but as a general rule, claims for physical injuries from pedestrian accidents will go through the IRB process first.
What if I crossed away from a pedestrian crossing?
Crossing away from a marked crossing does not automatically prevent a claim. The law will look at all of the circumstances, including vehicle speed, visibility, lighting, road layout, and your own actions. It is possible that a court might find shared responsibility, which can reduce any award, but drivers still owe a duty of care to look out for pedestrians, particularly in built-up areas.
What if the driver says they didn’t see me?
“Not seeing” a pedestrian is not, on its own, a defence. The question is usually whether a reasonably careful driver should have seen you and taken avoiding action. Evidence such as CCTV, lighting conditions, sight lines, and witness accounts can help to show whether the driver was keeping an adequate lookout.
What if the driver was uninsured or left the scene?
If the driver was uninsured or fled the scene and cannot be identified, your case may involve the Motor Insurers’ Bureau of Ireland. For specific advice on how to handle these complex situations, please refer to our dedicated pages on Uninsured Driver Claims and Hit-and-Run Driver Claims.
How long do pedestrian accident claims usually take?
Timeframes vary. Some pedestrian accident claims resolve within many months, while others, particularly those involving serious or complex injuries, can take a number of years to fully conclude.
Contact Michael Boylan Litigation
If you or a family member has sustained injuries in a pedestrian accident, you may be facing significant uncertainty regarding your legal position. It is important to ensure your rights are protected from the outset.
Michael Boylan Litigation is a specialist litigation firm with extensive experience in serious injury and complex negligence cases. Our focus is on representing those who have suffered life-changing consequences, ensuring every case is handled with the necessary level of legal expertise and attention to detail.
Our approach involves:
A Detailed Consultation: We will listen to the circumstances of the accident and the impact it has had on your life.
A Structured Review: We will examine the facts and all relevant documentation to assess the merits of your case.
Clear Procedural Advice: We will explain the legal process, including the role of the Injuries Resolution Board and the MIBI, in plain, practical language.
Strategic Guidance: We will outline the realistic next steps, allowing you to make an informed decision on how you wish to proceed.
To discuss a pedestrian accident in confidence, please contact our offices or request a call-back through our website.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
