Being involved in a road traffic accident as a passenger can leave you injured, emotionally distressed and can be a financial burden. It is difficult to know where to turn or how to protect yourself in this event.

If you have been involved in a road traffic accident as a passenger you may be entitled to compensation for your injuries and any financial loss that you have incurred.

Hughes & Associates Solicitors are expert and experienced passenger accident solicitors and can advise you in making a personal injury claim for your injuries where they were caused by the negligence of another.

Who is liable for passenger injuries?

Legally, passengers in a road traffic accident are almost never at fault for the accident or the injuries that they sustain in a road traffic accident. They are an innocent party.

The at fault driver will typically be liable for passenger injuries and their insurance will cover any compensation for your injuries and financial loss. Passenger accident claims can be complex and it can be difficult to establish who the at fault driver was where there are multiple vehicles involved in the road traffic accident.

Contributory negligence on the part of the passenger, such as not wearing a seatbelt, does not mean that you cannot make a claim for passenger injuries but it may mean that any settlement amount that you are awarded is reduced.

It may also be the case that the condition and maintenance of the road on which you were travelling was responsible for the road traffic accident rather than driver negligence. In this instance the accident may be the responsibility of the local authority.

Your passenger accident claim solicitor will assess your case and advise you how to proceed with your passenger accident claim.

Contact Hughes & Associates for help with your Passenger Accident Claims

Common types of passenger accident claims

There are many types of road traffic accidents that may be caused by the negligence of drivers and can leave passengers seriously, even fatally, injured.

A rear end collision occurs when a forward moving vehicle collides with a vehicle in front. This type of accident can sometimes involve multiple vehicles.

Side impact collisions can often happen at T junctions and involve one vehicle hitting into the side of another. This type of accident can cause significant passenger injuries if it is on the passenger side of the vehicle.

Minor road traffic accidents or slow speed collisions often occur in parking for example. Even though minor collisions may result in little damage to the vehicles, they can lead to significant injuries in occupants of the vehicle.

Head on collisions occur when vehicles travelling in opposite directions hit the fronts of each other’s vehicles. These types of accidents can result in very severe injuries and fatalities.

Fatal road traffic accidents are thankfully rare. Where a road traffic accident, tragically, is fatal and is the result of the negligence of another, those who are financially dependent on the deceased may make a fatal accident claim.

Merging traffic accidents can occur on motorways and slip roads where traffic is joining or exiting the motorway and where vehicles switch lanes. These types of accidents can vary from low speed ‘tips’ to major road traffic accidents.

This type of accident occurs where a vehicle partially or completely flips on to its side or roof. These types of accidents, unfortunately, have a high fatality rate.

What to do if you are involved in a road traffic accident as a passenger

If you are in a road traffic accident as a passenger there are several steps you should take having first checked for any injuries in yourself and others travelling with you and at the scene of the accident.

  • Seek medical treatment
  • Get contact details
  • Document the scene of the accident
  • Report the accident to the Gardai
  • Contact a passenger accident solicitor

How to make a passenger accident claim

It can be daunting to consider making a passenger accident claim but if you have been physically or psychologically injured, faced medical expenses or have had to take time off work, you are entitled to be compensated for your pain and suffering and for any resulting financial loss.

Your first step should be to contact Hughes & Associates Solicitors as they will help you to navigate the passenger accident claim process. Your personal injury solicitor will help you to gather the necessary evidence for your claim including medical and other expert reports where necessary. 

It is also important that you keep receipts for any expenses that you have faced as a result of the accident such as medical bills and out of pocket expenses. 

They will then prepare an application for the Personal Injuries Resolution Board (PIRB), formerly the Personal Injuries Assessment Board (PIAB).

Personal Injuries Resolution Board application

A passenger accident claim is a type of personal injury claim and will be assessed by the PIRB (formerly the PIAB).

If the dependents of your claim consent, the case will be assessed by the PIRB. This usually takes around 9 months. They will issue their assessment of your claim. If you and the defendant accept their assessment, an Order to Pay will be issued and you will receive your compensation. If you do not accept their assessment, the PIRB will authorise you to bring court proceedings. Your solicitor will advise you in this instance.

The amount of compensation that you receive will depend on the type and severity of your injuries, their effect on your ability to work and how likely they are to affect your quality of life in the future. 

As a passenger in a road traffic accident you may be awarded:

  • General Damages which compensate you for your injuries, any psychological effects, and your pain and suffering.
  • Special Damages which cover financial expenses such as medical bills, travel to hospital appointments, loss of earnings etc.

Statute of Limitations

The statute of limitations is the time limit you have to make a claim for passenger injuries. In almost all cases, this is two years from the date of the accident. 

If a passenger is under 18, a parent or guardian may make a claim on their behalf, or they have 2 years following their 18th birthday to  make a claim on their own behalf.

Contact Hughes & Associates Solicitors

At Hughes & Associates we understand the impact that being involved in an accident as a passenger that was due to the negligence of another can have on your life. Your physical and psychological injuries can have a life long impact and can also seriously affect you financially.

Our expert passenger accident and personal injury claim solicitors can advise and guide you through the complex process of making a claim and receiving the compensation to which you are entitled.

Fill in our claim assessment, or contact us at our Dublin 2 offices and we can contact you to discuss your claim and advise you how to proceed.

Contact the Hughes & Associates Team