£5,000 for Work Shoulder Injury
HGV Accident Claims & Commercial Truck Injury Lawyers.
Lorry Accident Compensation is a daunting prospect for truck drivers, but it does not have to be.
Driving large heavy goods vehicles can result in safety risks, if you have been injured whilst at work and feel you may be entitled to compensation contact the team at Lanyon Bowdler or complete the online enquiry form.
Driving 44 or 7.5 tonne articulated vehicles can be dangerous. According to data published by the UK Government, and the analysis by the charity Brake published in 2023, collisions involving LGV, HGV, and buses and resulting in fatalities have all increased between 2021 and 2022.
A commitment to the best practices surrounding health and safety should avoid many accidents, but unfortunately, there will always be occasions when things go wrong. And when this happens, lorry drivers and workers in haulage, logistics and other depots may have grounds to make a claim for compensation.
There is a duty of care owed by employers to keep their employees safe whilst they are at work, this duty also extends to those delivering to their premises, and the duty includes the loading and unloading of trailers as well as keeping drivers safe whilst on the road.
A lorry can, in itself, be classed as a place of work as well as a piece of work equipment.
Keeping Safe whilst Driving & Working with Lorries
There are various ways an experienced lorry driver could be involved in a road traffic collision. Tiredness and distractions can result in bad driving, the provision of poor or inadequate transport routes can result in accidents, failure to report/repair mechanical issues, plus the actions by other road users can lead to incidents.
Accidents don’t just happen on the roads; complacency can result in risks being taken by employers and drivers at haulage depots. Such risks may result in parts of the load falling, trips, falls, working at height without proper safety or access equipment, e.g. ladders, gantries or scaffolding. Injuries sustained could be from relatively minor to catastrophic such as head, spinal or amputation.
Training can be an issue and health & safety procedures may need to be tightened up.
Am I eligible for Truck Accident Compensation?
If you have been involved in an accident with a HGV, LGV, lorry or any other type of commercial vehicle, either as an occupant or driver, you may be eligible for compensation. There are a number of circumstances which make these cases more complex than other accident claims, so it is crucial to seek the support of expert Truck Accident Lawyers.
It is highly likely that a claim must be made against another road user or, sometimes, your employer. This often means the other party may reject blame entirely or attempt to negotiate a lower percentage of responsibility for the accident.
With Lanyon Bowdler, you have the support of expert legal professionals who can guide you through the processing of claiming HGV Accident Compensation, and give you the outcome you deserve for your accident. Contact us today for a no-obligation, free consultation of your claim.
Your HGV Accident Compensation Questions Answered
Because of the size, weight, and usage of lorries, accidents can happen because of many different circumstances. These vehicles have also become more and more common in the last decade, meaning the overall figure of accidents has struggled to come down regardless of the improvements in safety protocols. According to the latest figures available, the leading cause of HGV accidents are:
- Environmental factors: weather, road conditions, and visibility can all be dangerous factors.
- Dangerous driving: speeding and mobile phone use while driving are leading causes of accidents.
- Fatigue: especially for HGV drivers who often complete long trips without the necessary rest, ROSPA figures indicate this may cause up to 20% of accidents.
- Inexperienced drivers: insufficient training of HGV drivers may cause accidents, even when manoeuvring at low speeds.
HGV Accident Compensation is an option for all those who suffered because of an accident involving a goods vehicle, not exclusively the driver or occupants. If you have been involved in an accident with a lorry, truck, or HGV, contact the car accident lawyers at Lanyon Bowdler today to find out if you are eligible for compensation.
It is an employer’s duty to protect the health and safety of their staff as well as visitors and general members of the public. This duty extends to agency staff or self-employed workers, who are also owed a duty of care by the employer if they are provided with equipment to do a job, told where to go and what to do.
There is a legal obligation to consult with employees on health and safety related matters, where unions are involved this will be done via representatives; if no union is involved then the employer must consult directly with the employees, listen to any concerns and provide information when requested.
Under the management of Health & Safety at Work Regulations 1992, an employer has to carry out risk assessments across all areas of health and safety and to then ensure measures are put in place to minimise risks identified. The employer must also advise employees of the risks identified. They must ensure adequate training and appropriate equipment is provided to deal with the risks. Measures may include:
- Double checking traffic routes, including low bridges
- Ensuring pedestrian, warehouse and delivery traffic is separated and clearly signposted, with appropriate lighting
- Having marshalls or banksmen available to oversee reversing manoeuvres and to provide assistance during loading and unloading
- Well lit parking areas with clear markings and appropriate surface
- Training drivers and shunters in the coupling and uncoupling of any lorries they will be driving
- Ensuring brakes on the trailer and in the tractor unit are always applied when parked
- Complying with maintenance schedules and servicing of vehicles
In many circumstances, there is a duty on employers to warn employees of even obvious risks.
Employees must safeguard their own health and safety, such as taking regular breaks as required by the law, as well as the safety of the general public, visitors and colleagues. They have to follow specific training, respect and obey site rules, e.g. loading and unloading procedures, parking, movement of vehicles, pedestrianised areas etc, and report vehicle defects.
It is impossible to give you an exact figure for your claim until we have talked with you and considered all factors related to your accident. Calculating compensation amounts for HGV accidents is complicated, and will require a thorough review of all the facts.
The Judicial College Guidelines set out ranges of compensation related to different types of injury, based on severity and length of the prognosis. This will be considered the part of your compensation known as General Damages, designed to compensate you for your injury.
Additionally, most claims of this nature will include Special Damages, which are calculated based on the total of all losses and expenses you have incurred as a result of the accident, such as:
- Medical expenses
- Travel expenses
- Loss of income – present and future
- Property damage and item replacement
- Cost of care
- Cost of adaptation for vehicles and homes
Each HGV Injury Claim is unique, so it is important to seek the legal support of professionals who specialise in this type of injuries, and can value your claim accurately.
In the event a severe or fatal accident is witnessed, or a close member of the family is exposed to the immediate aftermath, there may be entitlement for the pain and suffering endured.
Not all accidents involving HGVs and lorries will result in the inability to return to work, the Disability & Equality Act 2000 is referred to in the event of a compensation claim, where special damages, such as past and future loss of earnings, may be adjusted to reflect the type of work someone is now able to carry out, if this results in a decrease of income.
What our clients say.
Examples of Compensation Recovered for our Clients
Experienced personal injury claims solicitor Phillip Roberts, a partner in our personal injury team based in Hereford, recovered in excess of £100,000 at a joint settlement meeting, a matter of weeks before a trial was due to take place, for a lorry driver who had developed back pain as a result of faulty seats within the HGVs he had driven for his employer.
Dawn Humphries, a senior solicitor and Head of the Department, who is based in Shrewsbury recovered damages in excess of £100k for a client whose fingers were severed as a result of strapping which was poorly fitted.
Is there a time limit for HGV Accident Claims?
The general rule for time limits on road traffic accident claims is that eligibility lasts for 3 years from the date of the accident. If you have been involved in a HGV accident, you must begin legal proceedings before then.
This limit may be extended in some cases, such as for injuries which are only diagnosed some time after the accident, or for cases involving minors. The courts may allow extensions for other reasons, but this is extremely rare; if you are approaching this time limit and have not begun your Truck Injury Claim process, please contact Lanyon Bowdler today and let our experts show you your options.
Contact Lanyon Bowdler’s HGV Injury Lawyers
Claiming for compensation after an accident can be daunting, especially as, often, a claim must be made with your employer or trucking company. Our Work Vehicle Accident Lawyers have years of experience supporting claimants in these cases, and manage all communication to ensure your case proceeds smoothly and all friction between parties is minimised.
Our team of personal injury lawyers consistently achieves great results for clients. It is our long-standing commitment to excellent service and client care that has won us mentions in The Legal 500 and Chambers & Partners as one of the leading firms in the country for many years. Our team is always ready to accommodate you in our offices in Shrewsbury, Bromyard, Hereford, Ludlow, Oswestry, Telford, and Conwy in North Wales, with accessible spaces and parking. As a leading law firm in Shropshire, we can represent you in your case on a No Win No Fee basis across Shropshire, Herefordshire, Mid and North Wales, Birmingham, Midlands, and wherever you live in England or Wales.
If you have suffered a HGV or lorry accident which was not your fault, contact the team at Lanyon Bowdler or complete our enquiry form to begin your Truck Accident Claim for compensation.
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