Written answers

Wednesday, 25 January 2006

Department of Transport

Road Traffic Accidents

8:00 pm

Liz O'Donnell (Dublin South, Progressive Democrats)
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Question 849: To ask the Minister for Transport the type of investigation or inquiry put in train where there is a fatal road traffic accident; the role of his Department, the National Roads Authority, the relevant local authority and the Health and Safety Authority, in that inquiry process; the recourse open to the family of the victim of a road traffic accident should they be dissatisfied with that investigative procedure or its outcome; and if he will make a statement on the matter. [40321/05]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The primary immediate investigative role in relation to road accidents is vested in the Garda Síochána. Priority in such an investigation must be given to the determination of the causes of road accidents including, where appropriate, road construction or surface standards, and in particular whether a breach of the road traffic laws contributed to the occurrence.

The Garda Síochána is the body empowered to make such a determination and to launch criminal proceedings against any person who the Garda consider should be accused of the commission of an offence. Garda reports on these investigations are forwarded to the National Roads Authority and subsequently to each local authority for the purpose of the establishment of accident trends and causes generally and to facilitate the carrying out of remedial works relating to road infrastructure where such action is deemed to be necessary.

The Health and Safety Authority is the national body in Ireland with responsibility for securing health and safety at work. For this reason, the involvement of the HSA in accident investigation only arises where a collision takes place in the context of a place of work, for example, where an involved vehicle constitutes a workplace or where road works are being carried out.

The primary focus of the investigations made in relation to a road traffic collision is to establish the immediate cause for the occurrence, to pursue actions to address those causes where appropriate and, where necessary, to pursue criminal prosecutions. The outcome of criminal proceedings instigated on behalf of the Garda or, in the case of a fatality, an inquest, or the determinations made in respect of other contributory causes, may influence the family of a victim to pursue issues with the appropriate authority or through the civil courts.

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