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Truck accidents involve commercial heavy goods vehicles and can cause serious injury, complex property damage, and significant financial loss. In Gorey, County Wexford, truck collisions are dealt with under Irish road traffic and personal injury laws. A claim following a truck accident can involve multiple parties - the truck driver, the trucking company or employer, vehicle owner, maintenance contractors, insurers, and sometimes manufacturers of parts or loading companies. Because of the size and function of commercial vehicles, investigations tend to be more detailed than for typical road traffic accidents. Injured people often need help to secure medical care, document losses, and pursue compensation for injury, loss of earnings, and other related costs.
A solicitor experienced in truck and road traffic claims can protect your interests and improve the chance of a fair outcome. Common situations where legal help is beneficial include:
- You suffered serious or long-term injuries that require medical evidence and expert reports.
- Liability is disputed or multiple parties may be to blame, including the driver, employer, or contractors responsible for loading and maintenance.
- The truck driver is uninsured, underinsured, or a hit-and-run driver is involved.
- The accident involves fatalities or complex loss such as ongoing care needs, loss of future earnings, or vocational retraining.
- Negotiations with insurers are difficult or an insurer has made a low offer. Solicitors understand valuation of pain and suffering, loss of earnings, and future care needs.
- You need help preserving crucial evidence - such as tachograph data, vehicle maintenance logs, CCTV or dashcam footage, and witness statements - all of which may be time-sensitive.
- You are unsure about time limits, claim procedures, or submission to the Personal Injuries Resolution Board process.
Key legal aspects especially relevant to truck accidents in Gorey and across Ireland include:
- Duty of Care: All road users owe a duty of care to others. Truck drivers and their employers must drive safely, properly maintain vehicles, and ensure loads are secure.
- Employer Liability: Employers can be vicariously liable for the actions of drivers acting in the course of employment. They may also be directly liable if they failed in hire, training, supervision, or vehicle maintenance.
- Drivers Hours and Tachographs: Commercial drivers must comply with drivers-hours regulations and tachograph rules. Breaches can be evidence of negligence in a claim.
- Vehicle Roadworthiness and Maintenance: The state of brakes, tyres, lights, loading and securing of cargo can be a central issue. Records of inspections, servicing, and repairs are important evidence.
- Insurance Requirements: Trucks must hold at least third-party motor insurance. If a liable party is uninsured or cannot be identified, the Motor Insurers' Bureau of Ireland or similar schemes may provide recourse.
- Personal Injuries Resolution Board - PIRB: For most personal injury claims in Ireland, the Personal Injuries Resolution Board (PIRB) is the statutory first stage for assessment and possible offer of compensation. The PIRB process aims to provide an independent assessment without immediate court proceedings. If either side rejects the PIRB outcome, the case can progress to court.
- Time Limits: Time limits apply to bring a personal injury action. Generally you must commence a civil action within two years from the date of the accident or from the date you became aware of the injury. Special rules apply to minors and persons lacking capacity. Missing the limitation period can prevent you bringing a court claim, so early advice is important.
- Criminal Investigations and Garda Reports: Serious collisions may give rise to criminal investigations by An Garda Siochana. A Garda report and any collision investigation records are key pieces of evidence for civil claims.
- Court Procedures: If a claim proceeds beyond PIRB, it may be litigated in the courts. Complexity and claim value determine whether the Circuit Court or High Court will hear the case. Court claims involve formal pleadings, disclosure and often expert evidence.
Check for injuries and call emergency services if needed. If you can, record the scene - take photos of vehicles, road markings, signage, skid marks, and injuries. Obtain the truck driver’s name, contact, vehicle registration, and insurance details. Get witness names and contact information. Report the collision to An Garda Siochana if there are injuries, serious damage, or if required by law. Seek medical attention promptly and keep all medical records and receipts.
Liability is determined by evidence showing breach of duty and causation. Relevant evidence includes witness statements, CCTV or dashcam footage, vehicle damage, skid marks, driver statements, tachograph and driving records, maintenance logs, and expert reports. Employers may be liable for drivers acting in the course of employment. Breaches of regulations, such as drivers-hours rules or load-securing requirements, can strongly influence fault decisions.
Yes. Ireland follows a system of contributory negligence. If you are partly at fault, any award may be reduced to reflect your share of responsibility. The reduction depends on how much your actions contributed to the accident. A solicitor can advise on likely apportionment and present evidence to minimise any reduction.
Time limits apply. Generally you have two years from the date of the accident or from the date you became aware of the injury to start court proceedings. There are exceptions for children and persons who lack capacity. There are also strict timeframes to preserve evidence. Seek legal advice early to protect your rights.
Not always. Many claims are settled through negotiation with insurers or via the PIRB process. PIRB gives an independent assessment and may produce a settlement offer without court. If settlement attempts fail, the claim can proceed to court. A solicitor will advise whether negotiation, PIRB or litigation is the best route in your case.
Compensation typically covers general damages for pain, suffering and loss of amenity, and special damages for financial losses such as medical expenses, travel to treatment, rehabilitation, prescription costs, loss of earnings, future loss of earnings, and care costs. In severe cases you may claim for long-term care, aids and home modifications. A solicitor and medical experts can help quantify losses.
If the driver was acting in the course of employment, the employer is often vicariously liable and their insurer will usually handle the claim. The employer may also be directly liable if they failed to maintain vehicles, hire fit drivers, or ensure safe loads. Claims against insurers are common; identifying the correct insurer and policy is an early priority.
If the responsible vehicle is uninsured or the driver cannot be identified, you may have recourse to the Motor Insurers' Bureau of Ireland or other statutory schemes that handle uninsured or hit-and-run claims. Procedures and eligibility can differ, so it is important to seek advice promptly and report the incident to Garda.
Costs depend on the complexity of the case and the solicitor’s charging structure. Many personal injury solicitors offer an initial consultation free or low-cost. Some work on a conditional fee or no win-no fee basis, subject to written agreement and compliance with legal costs rules. You should ask about fees, disbursements, and any potential liability for the other side’s costs before you agree to representation.
Strong evidence includes photographs and video of the scene, vehicle damage, road conditions, and injuries; witness statements; Garda collision reports; medical records and expert medical reports; tachograph and driver logbooks; vehicle maintenance and inspection records; load manifests and securing documentation; and CCTV or dashcam footage. Early collection and preservation of evidence are key.
There are several Irish bodies and organisations that can help with information and support in truck accident cases:
- Personal Injuries Resolution Board - for assessment of personal injury claims.
- An Garda Siochana - for reporting collisions and obtaining collision reports.
- Road Safety Authority - information on vehicle standards, drivers-hours, and road safety rules.
- Motor Insurers' Bureau of Ireland - assistance for claims involving uninsured or unidentified drivers.
- Citizens Information - general information on legal rights, compensation and court processes.
- Health Service Executive - for medical treatment and records.
- Law Society of Ireland - to find a solicitor and information about legal services and professional standards.
If you have been involved in a truck accident in Gorey and you think you may have a claim, follow these steps:
- Prioritise safety and medical care. Obtain medical attention even if injuries seem minor.
- Report the collision to An Garda Siochana and obtain a copy of any Garda report or incident number.
- Preserve evidence: take photos, gather witness details, and keep receipts for expenses related to the accident and treatment.
- Do not admit fault at the scene or to insurers. Limit communications to factual statements and refer insurers to your solicitor if you have one.
- Seek legal advice promptly from a solicitor experienced in truck and road traffic claims. Early legal involvement helps protect time limits and evidence, and improves chances of a full recovery for your losses.
- Consider accommodation of short-term needs - sick pay, social welfare, or employer communications - and get advice about claiming loss of earnings if needed.
- If applicable, prepare to use the PIRB process and follow your solicitor’s guidance on documentation and expert reports.
Every case is different. A specialist solicitor can assess liability, explain likely outcomes, and advise on the best way to pursue compensation while protecting your legal rights.
