Unfortunately, many people each year sustain spinal cord injuries as a result of road traffic accidents, and these can disrupt their lives and cause problems ranging from behavioural and cognitive issues to loss of mobility and compromised movement. If you have been injured in a road traffic accident that was not your fault, you may be able to achieve redress to help with the costs of your rehabilitation and treatment, as well as future living costs.
HOW TO bring a case FOR A SPINAL CORD INJURY:
To make a claim for a personal injury that has been sustained in a road traffic accident, you will need to prove that your injuries, and the resulting impact on your life, were caused by the road traffic accident, and that another party was at fault. You may be able to claim redress in the following circumstances:
- As a passenger. If you have been injured in a road traffic accident where you were a passenger in a vehicle, you will usually be able to claim redress from the insurers of the driver of the car in which you were travelling or the driver of any other vehicle which may have caused or contributed to the accident.
Adult passengers have a legal responsibility to wear a seat belt at all times, and to conduct themselves safely within the vehicle, avoiding distracting the driver, for example.
- As a pedestrian. If you, as a pedestrian, are injured by a vehicle, you will usually be able to make a claim against the driver of the vehicle, where he or she is at fault. If a pedestrian runs into the road in front of a vehicle, he or she will need to show that the injuries sustained would not have occurred, or would have been less severe, if the driver had been driving with reasonable care and attention,
- As a cyclist. A cyclist who is injured in a road traffic accident will be able to bring a case against a driver of a vehicle if he or she was at fault. As a cyclist using public roads, however, it is essential to use appropriate safety equipment and to wear a helmet, as well as observing the rules of the road. If you have taken all precautions to keep yourself safe, it is likely that you will able to make a successful claim against the vehicle driver who was at fault.
- As a driver. As the driver of a vehicle, you are considered to be responsible for the safety of the passengers in your vehicle, as well as having a duty to drive with reasonable care, attention and skill in order to avoid accidents. If you have been injured in an accident in which you were driving a car that collided with another vehicle, you may be able to bring a claim against the driver of the other vehicle if he or she was at fault.
- As a victim of an uninsured or untraced driver. If you have been injured in an accident where the driver did not stop or the driver was not insured, you will be advised to bring your case through the Motor Insurers’ Bureau of Ireland, which handles accidents of this type.
S.T. O’Sullivan & Co Solicitors, 6, Bindon Street, Ennis, Co.Clare.
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