Pedestrian accidents are unfortunately far too common. The most recent statistics published by the Road Safety Authority record that pedestrian deaths accounted for 20% of the fatalities on Irish roads last year. On average, close on 1,200 pedestrians are injured on roads in urban and rural areas around the country each year.
Liability for Injury
Often, the central issue in pedestrian injury claims is the question of who caused the accident and to what extent – the alleged offending driver or perhaps the pedestrian through his or her own carelessness? Drivers owe a general duty of care to pedestrians and other road users to drive in a safe manner taking into account prevailing conditions, including the presence of pedestrians near or on the road. However, a pedestrian is also expected to take reasonable care for his or her own safety. Liability in pedestrian cases can be far from straightforward and it is always best to seek legal advice before pursuing a claim.
A considerable number of road traffic accidents involve pedestrians who were found to have been intoxicated at the material time. Intoxicated pedestrians pose a danger to themselves and other road users. If you have had one too many don’t attempt to walk home – hail a taxi, get a lift or use public transport.
Pubs, clubs and other licensed premises have a duty not to serve persons that are intoxicated. In fact it is a criminal offence to serve someone in a drunken state. However, it does not necessarily follow that this duty extends to ensuring patrons get home safely free from accident and injury. Claims involving intoxicated pedestrians present particular difficulties and expert legal advice should always be sought.
If you have been injured by a vehicle while walking, running or otherwise using the roadway and you believe that the accident was not your fault then you should certainly seek legal advice.
If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for a consultation.
*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of damages.