Rear-end Collison Accident Claim

If one is a driver or a passenger in a vehicle which is stopped at a pedestrian crossing, for example, and a vehicle from behind drives into to the back of the first stopped vehicle, this is a common rear-end collision road traffic accident.

What can happen is the second vehicle driver was using a mobile phone to text, and as a result did not see the vehicle in front which had stopped when the accident arose.

If an injury is caused the injured person will likely contend there has been negligence, breach of duty and breach of statutory duty if the wish to commence a rear-end collision accident claim.

Road Traffics Acts – Careless Driving

Section 52, of the Road Traffic Act 1961 specifies the statutory rule in relation to careless driving. This was amended by S.4 of the Road Traffic Act 2011 which states :

• A person shall not drive a vehicle in a public place without due care and attention.

Drivers must take reasonable care when driving and in control of their motor vehicle and the rules of the road have to be observed.

Road Traffic Acts – Dangerous Driving

Section 53, of the Road Traffic Act 1961 specifies the statutory rule in relation to dangerous driving. This was amended by S.4 of the Road Traffic Act 2011 which states :

• A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.

Speed and not anticipating an accident can result in serious bodily harm occurring.

Road Traffic Accident Claim Process

The forum party who deals with such applications is the Personal Injuries Assessment Board.

The Personal Injuries Assessment Board is an independent statutory body who receive applications for personal injury claims and deals with them. It is not a court, and has no judicial function. Applicants will not be required to attend at the Personal Injuries Assessment Board and giving evidence at the Board is not required.

Under S.8 of the Civil Liability Act 2004 this is called a ‘Letter of Claim’. A person pursuing an action should serve notice in writing to the other person within 1 month of the date of the accident of their intention to pursue this course of action.

This is the application form to the Injuries Board. This is a four page application form. It is not a complicated form to complete, but it must be completed correctly. The correct factual details must be specified on the form with the correct legal title of the party responsible for the accident. Searches should be conducted to ensure one has the correct legal title of the respondent.

The application to the Injures Board can be submitted by post or online with the applications administration fees being €90 or €45 depending on whether it has been submitted by post or online.

A medical report must be submitted with your application and this can be completed by your doctor on whats called Form B. Your doctor will likely know about Form B and have prepared a report previously using this document format. The medical report will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and possibly prognosis.

When you receive the medical report you should go through its content and make sure it is correct and reflective of your injuries.

Once the application is received by he Injuries Board & if they proceed to assess it, they will provide a decision named an assessment, which is an assessment of damages. If both parties agree to the Injuries Board Assessment an order to pay is provided.

Road Traffic Accident Claim Time Frame

There is a limit regarding how long an injured person has to initiate a legal action. This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be whats termed as statute barred from court. One has two years from the date of the accident to initiate the legal action.

Personal Injury Claims Ireland Information

If you require more information about the personal injury claims process click here.

Kieran Cleary and Roger Cleary can help with any questions you have regarding negligence, liability and what can be done in offices in Clonmel, Co. Tipperary or Dublin 7. If instructed we will act in your best interests in the matter.

DISCLAIMER

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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