Pedestrian Accident Claims

Being struck while walking—on a footpath, at a crossing, or even outside your own front door—can leave more than just physical pain. It can knock your confidence, disrupt your routine, and leave you wondering how to get back on your feet, practically and emotionally.

At John O’Leary Solicitors LLP, we’ve supported individuals and families across Tallaght and greater Dublin for over 20 years. We know the roads. We understand how quickly an ordinary moment can become something life-altering. And we’re here to help you take the next step with clarity and reassurance.

From the moment you contact us, you’ll deal directly with a solicitor who takes the time to listen—someone who knows the local area, understands your concerns, and offers real guidance.

If you’ve been injured as a pedestrian and you’re unsure what comes next, contact us today.

Common Pedestrian Accident Scenarios and Who’s Responsible

Pedestrian accidents can happen in the blink of an eye—on your walk to the shop, crossing the road near your child’s school, or simply waiting for the lights to change. At John O’Leary Solicitors LLP, we’ve supported people across Tallaght and Dublin for over 20 years who never imagined they’d be on the receiving end of such events. These aren’t just legal cases to us—they’re real lives, real injuries, and real disruptions to work, family, and confidence.

Below are the most common scenarios we see—and how legal responsibility is usually determined in each case.

Struck at a Crossing or Junction

One of the most frequent causes of injury is when a pedestrian is hit while crossing at a zebra crossing, traffic light, or uncontrolled junction. These incidents often involve drivers who failed to yield, were speeding, or weren’t paying attention.

In most of these cases, the driver will be found liable unless there is clear evidence the pedestrian suddenly entered the road without looking or disobeyed traffic signals. Dashcam footage, witness statements, and CCTV can make a major difference in proving fault.

Hit on the Footpath or Verge

Another heartbreaking type of case involves pedestrians being hit on the footpath—by a car that mounted the kerb, or a vehicle reversing without checking. These are usually clear liability situations. Even in low-speed collisions, the injuries can be significant.

We’ve supported clients who were hit outside schools, churches, and local shops—cases where no one expected danger in a pedestrian-only space.

Hit and Run or Uninsured Drivers

Unfortunately, some drivers flee the scene. In others, they stop but aren’t insured. In both instances, you may still bring a claim through the Motor Insurers’ Bureau of Ireland (MIBI). The process is slightly different, but we can handle that on your behalf.

Responsibility still applies, even if the driver is never identified—as long as the evidence supports your account.

Accidents in Car Parks or Shared Zones

Pedestrians injured in car parks, apartment complexes, or shopping centres often worry they have “less of a case.” That’s not true. Drivers still owe a duty of care—even at low speeds—and accidents in shared spaces are treated seriously.

Likewise, if you were hit while walking through a petrol station forecourt, beside a loading area, or in a residential laneway, that can still give rise to a valid claim.

Public Infrastructure Failures: Pavement and Road Defects

If your accident was caused by a broken kerb, crumbling path, or missing signage, the responsible party may be your local authority or maintenance contractor. These cases require showing that the council either knew—or should have known—about the hazard.

They’re not easy, but they’re absolutely possible with proper documentation and early action.

Children and Vulnerable Pedestrians

Children, older adults, and people with mobility challenges are especially vulnerable. Drivers owe a higher standard of care in these cases—especially near schools, residential areas, or care homes.

Even if a child stepped into the road unexpectedly, the law still considers whether the driver could reasonably have avoided the collision.

Types of Injuries and How They Affect Claims

Unlike those inside a vehicle, pedestrians have no physical protection in a collision. This means even low-speed impacts can cause serious injury. At John O’Leary Solicitors LLP, we’ve helped people across Tallaght and Dublin deal with everything from cuts and bruises to complex, long-term trauma after being struck by a car, van, or bike.

Understanding the type and extent of injury helps determine how your claim is handled and what you may be entitled to.

Common Injuries in Pedestrian Accidents

  • Fractures and broken bones: Wrists, arms, ankles, hips, and ribs are among the most common. They often result in hospital stays, time off work, and follow-up physiotherapy.
  • Soft tissue damage: Ligament sprains, muscle tears, and deep bruising may not be visible but can leave lasting pain and restriction. These injuries are sometimes underestimated in the early stages.
  • Cuts and lacerations: Especially to the face or hands, these can cause scarring or infection, even when treated promptly.
  • Dental injuries: Losing or damaging teeth due to a fall or direct impact is common, especially for older pedestrians.
  • Back, neck, and spinal trauma: These can range from minor whiplash to life-altering spinal injuries requiring long-term support.
  • Head injuries and concussions: A blow to the head, even without loss of consciousness, can cause lingering symptoms including headaches, memory issues, or light sensitivity.

Severe and Life-changing Injuries

Unfortunately, some pedestrian accidents involve high speeds or heavy vehicles, resulting in life-changing harm. These cases require not only medical care but also practical changes to home life, work, and mobility.

We’ve helped clients who experienced:

  • Traumatic brain injuries (TBI)
  • Multiple fractures requiring surgeries or long-term immobilisation
  • Permanent disability or amputation
  • Post-traumatic stress disorder (PTSD) after near-death experiences

In these cases, the claim may cover not just the injury itself, but also ongoing care costs, future loss of earnings, and support for dependants.

Psychological Impact of Pedestrian Accidents

Even when the physical injuries are minor, the emotional impact can be serious. Many clients describe anxiety, sleep problems, or an ongoing fear of crossing the road—particularly after hit-and-run incidents or where children were involved.

We recognise this as a legitimate consequence. Your mental wellbeing matters, and we ensure that psychological harm is included as part of your case if relevant.

What to Do After a Pedestrian Accident in Ireland

In the moments after a pedestrian accident, it’s normal to feel confused, shaken, or even unsure if you’re badly hurt. Whether you’re walking to work, collecting the kids, or simply crossing the road, being hit by a car or other vehicle is deeply unsettling. What you do next, however, can make a real difference to your recovery and your claim.

At John O’Leary Solicitors LLP, we guide our clients through this process step by step. Here’s what we recommend if you or someone you love has been involved in a pedestrian accident in Dublin or anywhere in Ireland.

1. Prioritise Medical Care

Adrenaline can mask pain. You may feel “fine” straight after an accident, only to develop symptoms hours or days later. We always advise clients to seek medical attention immediately—even for what seem like minor injuries. A GP, emergency department, or out-of-hours clinic can provide both care and a dated medical record, which is vital if you later decide to bring a claim.

2. Report the Incident to Gardaí

Even in low-speed or hit-and-run accidents, you should notify Gardaí as soon as possible. They may not always attend the scene, but a formal record helps establish what happened. If the driver didn’t stop or refused to provide details, this step becomes especially important.

If Gardaí do attend, make sure to ask for the incident reference number and keep a note of which station is handling the report.

3. Gather Evidence Where Possible

If you’re able—or if a family member is with you—try to collect as much evidence as you can. Useful details include:

  • The vehicle’s registration number, make, and model
  • The driver’s name, address, and insurance information
  • Photographs of the scene (road layout, impact point, signage)
  • Photographs of injuries, damaged clothing, or personal belongings
  • Contact details for any witnesses who saw what happened

If CCTV may be available (from a nearby shop or home), it’s best to alert your solicitor immediately so we can request footage before it’s deleted.

4. Keep Records of Expenses and Symptoms

Hold on to receipts for medication, physio, taxis, and anything else related to your injury. Keeping a short diary of your symptoms or how the injury affects your day-to-day life can also be helpful—especially if your case takes time to resolve.

5. Speak with a Solicitor Early

Once your medical needs are looked after and the Gardaí have been notified, it’s time to get advice. The sooner you speak with a solicitor, the better the chances of securing key evidence, clarifying fault, and avoiding unnecessary delays. You don’t need to have every detail figured out—we’ll take care of that with you.

Time Limits for Pedestrian Injury Claims in Ireland

In most pedestrian accident cases in Ireland, you have two years from the date of the incident to begin legal proceedings. This is known as the statute of limitations. The countdown generally starts from the day the accident occurred, or—if injuries were not immediately apparent—from the date you became aware of their seriousness.

For children under 18, the clock doesn’t start until their 18th birthday, meaning they have until age 20 to initiate a claim. A parent or guardian may also pursue a claim earlier on their behalf as a “next friend.”

If the accident involved a hit-and-run or uninsured driver, or if your injuries were caused by a defective footpath or road hazard, it’s especially important to act early. These cases often require additional time for investigation or dealing with third parties like the MIBI or local authorities.

Because some injuries develop over time, and evidence can fade quickly, it’s always safest to seek legal advice as early as possible. We’ll make sure everything is filed on time and no detail is missed.

Gathering Evidence for a Pedestrian Accident Claim

Building a strong pedestrian accident claim starts with evidence—and the sooner it’s gathered, the better. At John O’Leary Solicitors LLP, we know how quickly details can disappear and how important it is to act fast, even when you’re still recovering. Whether you were hit by a car, injured in a car park, or hurt because of a broken footpath, this guide outlines the most useful evidence for your case.

Medical Evidence

Your health is the top priority—but your medical records also serve as critical legal documentation. Even if your injuries seem minor, seeing a doctor straight away creates an official record. Medical notes, hospital discharge papers, X-rays, and GP follow-ups help us show how the injury has impacted your life.

If you’ve had surgery, physiotherapy, counselling, or extended recovery, those records will also form part of the claim.

Photos and Video

Visual evidence can speak volumes. If possible, take photos at the scene—or ask someone else to help:

  • Where the accident happened (e.g. pedestrian crossing, kerb, car park)
  • Road conditions, traffic signals, signage, or broken pavement
  • Your injuries, damaged clothing, or footwear
  • The vehicle involved, if identifiable

In many urban areas, CCTV or dashcam footage may be available. We act quickly to request this before it’s overwritten or deleted.

Witness Statements

If anyone saw what happened, try to get their name and contact details. A short statement from a witness can be powerful—especially in disputed claims or hit-and-run cases. Don’t worry if you didn’t get this info at the time—we can often follow up later, particularly if Gardaí were involved.

Garda Reports

Reporting the accident to Gardaí, even if they didn’t attend the scene, is crucial. We can obtain the Garda Abstract Report, which provides a record of the incident and any official observations. This supports your account and adds credibility to your claim.

Financial Records

Keep every receipt connected to your injury. This might include:

  • Travel to medical appointments
  • Prescription costs
  • Lost income due to missed work
  • Childcare or support expenses during your recovery

We’ll include these as part of your claim for special damages.

Symptom Diary

Finally, jotting down how the injury affects your daily life can be surprisingly helpful. Short notes on pain levels, sleep disruption, missed events, or difficulties with routine tasks show the full human impact of the accident—something that paperwork alone can’t always capture.

Frequently Asked Questions

Can I bring a claim if I was jaywalking?

Yes, you may still be entitled to compensation. Even if you crossed outside a designated area, drivers still owe a duty of care. If they were speeding, distracted, or failed to take reasonable steps to avoid you, they may still be held partly or fully responsible. The claim may involve shared fault.

What if I was using headphones or looking at my phone when I was hit?

You can still bring a claim. While being distracted could lead to contributory negligence, it doesn’t cancel out your right to compensation. If the driver failed to slow down, watch the road, or obey signs, they may still bear significant responsibility.

Can I claim on behalf of my child who was injured?

Yes. A parent or guardian can act as a ‘next friend’ to bring a claim for a child under 18. The process is slightly different, but we’ll walk you through it with care. Any compensation awarded is typically held in trust until the child turns 18.

What if the driver didn’t stop or left the scene?

You can still make a claim. These situations fall under the remit of the Motor Insurers’ Bureau of Ireland (MIBI), which handles cases involving uninsured or unidentified drivers. It’s important to report the incident to Gardaí immediately and contact a solicitor as soon as you can.

Am I still entitled to claim if no Garda attended the scene?

Yes, but you should report the incident at your local Garda station as soon as possible. A record of the report will support your claim. We can also follow up to request the Garda Abstract Report as part of your case.

Can I claim if the accident happened in a car park or private area?

Yes. Drivers still owe a duty of care, even in car parks or residential complexes. If a vehicle struck you in one of these settings, you may still be eligible for compensation—particularly if the driver failed to observe their surroundings or was driving carelessly.

What if my injuries didn’t show up until days later?

That’s common, especially with soft tissue injuries or minor head trauma. As long as you sought medical attention and reported symptoms when they appeared, you can still proceed. The two-year limitation generally starts from when you became aware of the injury’s seriousness.

Can I bring a claim if the accident was caused by a dangerous footpath or pavement?

Yes. If your injury resulted from a poorly maintained public path or kerb, you may have a case against the local authority. These claims require proof that the council knew—or should have known—about the defect. We’ll help gather what’s needed to support your case.

Contact John O'Leary Solicitors

If you’ve been injured as a pedestrian—on the road, footpath, or anywhere else—John O’Leary Solicitors LLP is here to help. Speak directly with an experienced solicitor who understands your situation and will guide you clearly. Call us today to start your claim with confidence.