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Car Accidents

If you are injured as a driver, a passenger or a pedestrian in a car accident, claiming compensation for car accidents enables you to recover compensation for the pain and suffering you have experienced, the deterioration in your quality of life and any costs or loss of income you may have incurred as a direct result of your accident – or any costs or loss of income you may incur in the future.

Although the most common type of injury claim in Ireland, no two injury claims for car accidents are the same. The impact that two similar injuries have of two individuals may be completely different, and it is always in your best interests to consult an experienced personal injury solicitor to ensure that you receive your full entitlement to car accidents compensation.

If you would like further information about claiming compensation for car accidents, you are invited to call our Solicitors Advisory Panel on the free phone number above, and discuss the circumstances of your accident with a solicitor. The solicitor will be able to answer any questions you may have and guide you through the process of claiming injury compensation for car accidents in Ireland.

Compensation Awarded for Hit and Run Beach Claim

Posted: August 6th, 2012

A woman from Dublin, has been awarded €79,000 in compensation after a car reversed over her after she had slipped and fallen.

 Siofra O´Loughlin (24) from Rolestown, Dublin slipped on wet sand while trying to retrieve a ball on Dollymount Beach in July 2006 and was on the ground when a motorist reversed over her. According to a report given to the Gardai by Ms O’Loughlin and her friends, the driver of the vehicle stopped a short distance from the incident and saw Ms O’Loughlin injured on the ground before driving away.

Gardai were unable to trace the driver of the vehicle therefore Ms O’Loughlin had to make her compensation claim for a hit and run injury against the Motor Insurers’ Bureau of Ireland. The MIBI disputed the compensation claim arguing that a different version of events had been reported to Gardai however Mr Justice Iarfhlaith O’Neill dismissed their argument and awarding Ms O’Loughlin €79,000 in compensation for the injuries she sustained in the hit and run incident.

Injury Claim Settled for Patrol Car Collision

Posted: July 27th, 2012

Four Dublin children have been awarded a total of €26,000 in compensation for injuries they sustained when the car in which they were travelling collided with a Garda patrol car.

Dean McEvoy (15) and his three sisters, Lauren (13), Cody (11) and Megan (10) suffered soft tissue injuries when a patrol car being driven ‘at some degree of urgency’ struck the car driven by their mother Lorraine McEvoy on the Tallaght bypass in November 2005. At the time of the incident the Garda car had no siren or warning lights on.

Circuit Civil Court President, Mr Justice Matthew Deery was told that the State had accepted liability for the accident only after a lengthy dispute was settled in the High Court and he was asked to approve the agreed settlements for the four children.

Car Accident Compensation Settled for Child Injury

Posted: June 7th, 2012

A six-year-old boy, has been awarded €17,500 in compensation for a car accident injury after he was knocked down by a van while playing near his home in Tallaght, Dublin.

Warren Lavelle who was three year old at the time suffered head injuries and was left with a permanent scar on his head as a result of the accident on July 13 2008.  At the Circuit Civil Court in Dublin Judge Jacqueline Linnane was told that the driver of the van John Connors, also of Tallaght, Dublin had already admitted liability for the accident leaving the judge to approve the car accident settlement of compensation.

Student Awarded €7 million after Claiming Compensation for a Truck Accident

Posted: May 18th, 2012

A 26-year-old women has had her €7 million settlement of compensation approved by the High Court. Valerie Bourke of Carrick-on-Suir, County Tipperary suffered serious brain damage after her car collided with a truck in May 2006 when she was 21 years old.

The accident occurred on the Carrick-on-Suir to Waterford road and from there Ms Bourke was taken to Waterford Regional Hospital where she remained for eleven months. She was then transferred to the National Rehabilitation Centre in Dun Laoghaire and from there to a neuro-rehabilitation centre in England six months later. In December 2008 – two and a half years after the accident- she was able to return home.

Ms Bourke’s parents had renovated the family home to accommodate her needs although the court heard that her mobility and cognitive functions remain limited. The driver of the truck Patrick Holden and its owner Stefan Gilchrist of Piltown, County Kilkenny admitted liability for the victim’s injuries and Mr Justice Iarfhlaith O’Neill approved the settlement ordering €4 million to be put aside for Ms Bourke’s future care. He also announced that an application was to be made to make Valerie Bourke a ward of court.

Compensation Awarded for Post-Traumatic Stress Claim after a Car Accident

Posted: April 11th, 2012

A Dublin man has been awarded € 91,000 after successfully pursuing a post-traumatic stress claim after a car accident. Mr James Killeen (55) of Artane was trapped in his jeep for 90 minutes after it was violently struck from behind by a car driven by Mr Hongbo Guo of Castleknock, County Dublin, in November 2007.

The court heard that Mr Killeen became frantic while trapped due to his fear for his son’s safety who was also trapped in the jeep and also due to the presence of petrol fumes at the time. On his way to the hospital the ambulance Mr Killeen was travelling in, had to stop four times to allow him to vomit. He suffered soft tissue damage to his lower back causing him pain and discomfort.

Mr Justice John Quirke at the High Court heard that Mr Killeen had been involved in seven previous road traffic accidents between 1986 and 2009 and the psychological trauma of this accident resulted in an emergency admission to St Ita´s Hospital in 2008 as the result of attempted self-harm.

The court heard that the negligent party accepted liability for the post-traumatic stress claim after a car accident and the judge awarded Mr Killeen € 91,000.

Family Awarded Compensation after a Fatal Road Accident

Posted: March 28th, 2012

A family has been awarded compensation after a fatal road accident left a mother and child dead in 2006.

The incident occurred on July 9 2006 and Yvonne Mahoney (24) and her daughter, Bobbi-Ann (2) were killed when the car driven by Ms.Mahoney’s partner John Maloney (33) – who was also killed in the accident – collided with another car as it exited the crossroads junction at Lodge Cross, County Galway.

Claiming on behalf of her deceased daughter Mary Mahoney of Loughrea, County Galway alleged that Galway County Council failed to cut down, prune or trim the hedges at the junction meaning Mr.Maloney did not have a clear view of the road, it was also claimed that the council had failed to erect yield or stop signs. Mrs Mahoney also made a claim against Mr. Maloney’s estate alleging that he had been negligent with his driving. The court heard that the issue of liability had been withdrawn and Judge Mr Justice Moriarty awarded Mrs Mahoney and the family of the deceased children €100,439 in compensation after a fatal road accident.

Compensation Awarded for a Child Bicycle Accident

Posted: February 8th, 2012

A six-year-old boy, who was knocked from his bike by a neighbour reversing out of her drive has successfully been awarded compensation for a child bicycle accident.

Claiming through his father Eric Ryan of Lucan, Dublin, the court heard how Cian Ryan sustained terrible injuries to his leg after Ms Kishwar Shafgat knocked him from his bike in April 2009.

It was claimed that Ms Shafgat failed to keep a proper lookout when reversing and was therefore negligent. Mr Justice Nicholas Kearns heard that the victim still walked with a limp as a result of the accident and suffered recurring nightmares.  The judge approved a compensation award of €87,000 for a child bicycle accident and set aside €1,000 so the victim could attend Old Trafford to see Manchester United.

Teenager who suffered Psychological Trauma Awarded Compensation

Posted: January 12th, 2012

A 14-year-old girl has been awarded €21,000 in the Circuit Court after she suffered psychological trauma when her mother was knocked unconscious following a road traffic accident in which their car was rear-ended.

Charmaine Fitzgerald was 10 years old when the accident occurred near her school in March 2007. The force of the impact was so great that her mother Lisa Fitzgerald was thrown from the car and lost consciousness. At the time Charmaine believed her mother was dead and as a result of the psychological trauma of the event she visualised the crash every time she passed close to the so, and in the end had to change schools.

The defendant Paul Mullins offered €21,000 compensation for psychological trauma which was approved by Judge Matthew Deery.

Compensation Awarded for Whiplash Injuries that Affected a Training Programme

Posted: December 16th, 2011

A Wicklow man has been awarded almost €16,000 in compensation after he sustained whiplash injuries that affected a training programme he was undertaking for weight loss.

The Circuit Court heard how Declan O’Hora of Blessington sustained injuries to his neck and shoulders following a road traffic accident in October 2008. The injuries prevented Mr. O’Hora from continuing with swimming exercises designed to assist with a weight loss problem, and it also led to the development of sleep apnoea which is a condition that disrupts sleep patterns.

As liability had been conceded by Brian Duggan of Knocklyon, County Dublin who was the negligent driver, Mr Justice Matthew Deery instructed that just under €16,000 should be awarded in compensation.

Compensation Awarded for a Hit and Run Accident after a Night Out

Posted: November 23rd, 2011

A man who suffered a serious brain injury from a hit and run accident after a night out, has been awarded €2 million in compensation by the High Court in Dublin.

Paul Gogarty (35) from Kingscourt, County Cavan was walking home after a night out when he was hit by a vehicle which failed to stop. The victim suffered a severe bilateral traumatic brain injury and as a result of this, he has been forced to give up his job as a factory worker.

The driver of the vehicle was never traced, therefore Paul’s brother, Oliver took a claim for road traffic accident compensation was brought against the Motor Insurers’ Bureau of Ireland (MIBI). The High Court heard how Paul’s injuries have left him requiring lifelong care and on-going treatment for post-traumatic epilepsy and as a result he has suffered persistent cognitive and behavioral problems.

Mr. Justice Nicholas Kearns was told that an offer of €2 million in compensation had been made by the MIBI which the family had agreed to accept and the judge approved the settlement adding that an application would be made to make Mr.Gogarty a ward of court.

Whiplash Compensation Awarded for Injured Child

Posted: October 12th, 2011

Represented by their father, three children have successfully claimed whiplash compensation for whiplash injuries they sustained when their mother’s car was rear-ended in an Accident in January 2007.

Circuit Court President Justice Matthew Deery heard how the children had received treatment for recurrent and protracted symptoms of their injuries from the family GP and a specialist consultant. In an action brought through the children´s father, Daniel and Thomas Hopkins were awarded €20,000 while their sister Rachael was awarded €16,000. The whiplash compensation awarded will be released to the victims from court funds when they reach 18 years of age.

Payment Compensation System Criticised by Judge

Posted: August 6th, 2011

The frequency of the payment compensation system has been criticised by Mr Justice John Quirke in the High Court.

The judge was unhappy with the system of compensation settlements when awarding more than 5 million Euros to Caroline Bogue of Belturbet, County Cavan following a settlement with the Motor Insurance Board of Ireland (MIBI) after a road traffic accident.

Mr Justice John Quirke argued that staged payments for awards of personal injury compensation would be much more beneficial to victims as the value of this settlement represented just 60% of what the claim was worth. Ms Bogue suffered serious brain damage in May 2003 when the car in which she was a passenger, crashed into a tree just outside of her home town of Belturbet.

As a result of the accident Ms Bogue requires around the clock care, has difficulty sleeping as well as poor short-term memory and slow speech. The Judge commented that he believed the settlement would be insufficient for her lifetime and that she will become reliant on the State.

As the MIBI had argued that Ms Bogue was aware the driver of the car was uninsured there was a risk she would receive less compensation if the claim went to a full hearing. However a new payment compensation system for victims is due to be introduced shortly.

Brain Injury Victim Awarded Compensation for Car Accident Claim

Posted: June 27th, 2011

A brain injury victim has successfully claimed compensation for a car accident after the uninsured car in which she was travelling as a passenger crashed into a tree, resulting in catastrophic injuries.

Caroline Bogue of Belturbet, County Cavan was awarded over €5 million in a High Court settlement in a case taken against the car driver Declan Bogue, the car ower Ciaran Bogue, and the Motor Insurance Bureau of Ireland. The settlement was made without the admittance of liability as it was argued that Caroline Bogue was aware that car was not insured and was allegedly taken without the permission of the owner. While awarding the compensation for a car accident Mr Justice John Quirke said that the case highlighted the need for a new system of staged payments in personal injuries cases.

Family of a Woman Killed in a Drunk Driving Accident Awarded Compensation

Posted: March 24th, 2011

The family of a woman who was killed in a drunk driving accident have been awarded €506,000 in damages at the High Court.

Bridget O’Reilly of Ballybeg, Waterford was killed when the drunk driver of a car she was a passenger in crossed over to the wrong side of the road and crashed head-on into another vehicle. The compensation claim was taken by her husband Edward O’Reilly against the drunk driver of the car Frank Prendergast of Tallaght, County Dublin, and the Motor Insurers’ Bureau of Ireland.

Mrs O’Reilly leaves behind nine children, the youngest of which was only 3 years old and they are now being cared for by her sister.

Road Accident Claim for a Severed Arm

Posted: February 16th, 2011

A man who had his arm severed below the elbow by a truck has settled his road accident claim for a severed arm out of court.

Sean Geraghty of Oldcastle, County Meath had his right arm severed five inches below the elbow while adjusting his wing mirror. The incident occurred on the night of July 15, 2003 when it was argued that a lorry driven by Edward Gavin passed by Mr.Geraghty’s vehicle. The victim was taken to hospital but paramedics were unable to locate his arm at the accident scene and it was speculated in court that foxes or rats may have taken it.

The lorry driver denied that he was aware any collision had taken place at the time although blood was later found on the truck. Due to the injury sustained, the victim had to give up working as a driver and has been unable to resume sports such as swimming and pitch and putt golf.

The road accident claim for a severed arm was settled out of court.

Contributory Negligence Claim made against Publicans

Posted: December 13th, 2010

A contributory negligence claim has been made by the estate of a drunk driver against two publicans after the driver who caused the fatal collision was found to be three times over the legal limit for driving.

John Connolly had been drinking since 11.30 am in the Diamond Bar in Tullaghan, Leitrim and in the late afternoon his car collided with a vehicle carrying a mother, Mary Flanagan, and daughter, Anne McSorley, resulting in injuries to the mother and the death of the daughter.

The High Court heard that the estate of Mr Connolly alleged that publicans Concepta and Seamus Kelly knew or ought to have known that he would drive on a public road. Mrs Kelly said in court “It is up to the individual themselves to know their own body. There are people who can drink and drive with three or four pints and people who cannot drive with one”. The contributory negligence claim was adjourned for one month by Mr Justice Kevin Feeney.

European Road Safety Charter Signed by Irish Organisations

Posted: November 26th, 2010

The European Road Safety Charter has been signed by 12 Irish organisations in Dublin. Statistics from the European Union show that in 2008 there were 3 million road traffic accidents, 39,000 road deaths, and 1.6 million injuries.

The new charter focuses on measures that will improve vehicle safety, road infrastructure safety, and driver behaviour and is seeking to reduce the number of road traffic accidents in Europe. Road traffic injuries are estimated to cost 2 % of European GDP currently. The 12 signatories of the European Road Safety Charter are

Cavan Area Rural Transport, Community Transport Association of Ireland, Dún Laoghaire – Rathdown County Council, ECO Unesco, Headway Ireland, Irish Medical Organisation, Irish Road Haulage Association, Metroplex Ireland, Shell, The Irish Insurance Federation, Vantastic, and World Rally Team Ireland.

Head-On Traffic Accident Victim Claims Compensation

Posted: October 6th, 2010

A head-on traffic accident victim has made a settlement for £3m in compensation for road traffic accident injuries sustained in an accident in which two others were killed.

Owen Griffin, aged 26 and from Waterford suffered head injuries and was left in a coma after the car in which he was a passenger collided with a motorcycle in Scotland. As a result of the injuries sustained, the head-on traffic accident victim has been living in an assisted living home in Waterford since February 2007. The compensation settlement was made out of court.

Compensation Awarded for Pedestrian Traffic Injury Claim

Posted: September 28th, 2010

A former commonwealth cyclist has been awarded a record amount of compensation for their pedestrian traffic injury claim.

Manny Helmot, now 39, from Guernsey, represented the British Crown Dependency in the 1998 Commonwealth Games in Kuala Lumpur was awarded £13.75 million after he suffered serious injuries when he was hit by a car during a training ride in November 1998. Mr Helmot lost the use of his right arm, suffered partial blindness and sustained a brain injury as a result of his accident. He spent 36 weeks in hospital as a result of the injuries sustained in the accident.

The negligent driver – Dylan Simon also of Guernsey – was convicted of dangerous driving. Although an initial award of £9 million was made to the victim his mother, Rose, and her partner, Ken Jordan felt that this was insufficient to meet Manny’s lifelong needs.

Judge Jonathon Sumption agreed with them at the Guernsey Court of Appeal and ordered the negligent party’s insurers to pay the victim an additional £4.75 million. The amount awarded for the pedestrian traffic injury claim eclipses the previous record award in the UK of £11 million for a traffic accident.

Compensation Awarded for a Road Accident at Traffic Lights

Posted: August 1st, 2010

A 25-year-old woman has been awarded 4.35 million euro in compensation for a road accident at traffic lights after her car collided with another that had driven through a red light.

The victim suffered severe lower back injuries that make walking anything other than a short distance painful. Awarding the compensation in the High Court Mr Justice John Quirke criticised the fact that injury compensation law in Ireland only allowed lump sum payments rather than annual payments, the judge described it as a ‘lottery situation’.

Guidelines for Work Traffic Accidents Released

Posted: June 3rd, 2010

New guidelines for work traffic accidents have been released by the Health and Safety Authority and Road Safety Authority that educate businesses and the wider community about managing work related road safety effectively.

In accordance with the Safety, Health and Welfare at Work Act of 2005 employers are obligated to protect the health and safety of workers who drive for work.

Statistics show that 76 people die in work traffic accidents annually and a third of all road traffic accidents involve a work vehicle. According to the HSA, 42% of Irish businesses have no driving for work policy as part of their health and safety management system, therefore there is a question mark over the liability of employers when employees are involved in work traffic accidents.

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