Lorry Accident Claims
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Lorry accidents can happen, and when they do, they can result in serious injuries – and even fatalities. If you have sustained injury through an accident involving a lorry and you aren’t at fault, you could be eligible to make a compensation claim.
Lorry accident compensation claim
In 2020 alone, there were 2,630 work-related accidents involving HGVs (Statista). Accidents involving lorries might not be as common as other road traffic accidents, but when they do occur, the consequences can be deadly.
If you’ve been injured by a lorry in any way, you could be entitled to make a compensation claim and recover any financial losses. The first step in any claim is to get free legal advice to discuss your eligibility. Call now on 0800 234 6438 or claim online today and get the support you need to navigate the compensation process.
The types of lorry accident claims
There are two types of lorry accident claims, and both are eligible for compensation—as long as the you can prove you weren’t at fault – lorry driver negligence, and employer negligence. Let’s take a look at each in more depth:
Lorry driver negligence
Pedestrians and other road users can make a claim if they’re involved in a collision where the lorry driver was at fault. The following scenarios are the most common type of incidents involving:
Collisions with other lorries or cars
Hitting a pedestrian
Damaging private property
All HGV drivers are legally obligated to protect other road users and take action to ensure they don’t cause accidents (as per the Road Traffic Act 1988).
Common accidents involving lorries:
Lorry drivers under the influence of drugs or alcohol colliding with other road users.
Collisions with cars in stationary traffic.
Changing lanes or overtaking without making sure it’s safe.
Hitting pedestrians and cyclists.
Mounting the pavement and causing accidents.
Accidents caused by careless driving (speeding, aggressive driving, falling asleep at the wheel).
Lorry drivers can also be victims of accidents. If this is you, or your loved one, your eligibility to claim compensation depends on whether you can prove your employer was at fault.
Employers have a duty to protect lorry drivers by giving them proper training and ensuring they take all safety precautions. The Health and Safety 1992 Act lists an employer’s responsibilities to perform risk assessments and offer all lorry drivers the appropriate training.
However, an employer’s responsibility also extends to ensuring lorry drivers have support while driving and taking necessary measures:
Performing regular maintenance on lorries and checking for any faults.
Working out safe routes for drivers that avoid as many hazards as possible.
Creating a safe environment for drivers and warehouse employees.
Providing training on how to live and move goods if necessary.
When do lorry driver accidents usually occur?
Of course, a lorry driver employee must take precautions on the road and follow the training their employer provides. However, if you’re a lorry driver and experience the following, you could claim compensation.
Some delivery accidents can fall under employer negligence, depending on the circumstances. However, there are various regulations in place to ensure lorry drivers and warehouse employees know how to promote health and safety. These include:
For example, badly loaded vehicles can cause injury during deliveries. In cases like this, the employer or warehouse is negligent.
Lack of training
Lorry drivers undergo strict training before legally operating an HGV because these vehicles are challenging to handle. If employers don’t ensure their drivers have the necessary training and qualifications, they could be negligent.
Compromising the safety of drivers
Accidents can also happen if lorries don’t receive regular maintenance, which is usually the employer’s fault. Also, HGV drivers must take a 15-minute break for every six hours they’re on the road, and if an employer denies this break, it could result in a serious HGV accident.
Common injuries that result from a lorry accident
Lorry accidents can be minor, but the size of a heavy goods vehicle often means these accidents cause severe injuries and even fatalities. The most common injuries sustained by lorry drivers and other road users include:
Neck and back injuries
Traumatic brain injuries
Long-term damage to limbs or loss of limbs
Fatalities are also more common than they should be, with 251 killed by lorry injuries in 2019 (RoSPA).
Would you like to make an HGV accident claim?
If you want to claim compensation, call 0800 234 6438 for free and speak to a legal advisor today. They’ll help you determine your eligibility and explain more about the process. If they believe you have a claim to pursue, the legal advisor will connect you with a specialist no win no fee legal service.
First steps after an HVG accident
Whether you’re a lorry driver or other road user, following these steps will help you make a claim as well as speed up the claim process.
Get the necessary details
If you’re a car driver or other road user, always ask the HGV driver for their details. Their name, phone number and employer’s details will help you claim.
However, try to avoid talking to the driver about the incident, as it can be taken as admitting you were at fault somehow.
You should take photographs of the scene – or get someone else to do it. These photos will detail any damage and can prove negligence. Witnesses are also valuable in a road traffic accident claim because they can corroborate your account of things.
Try to get the witnesses’ contact details and check if anyone has a dashcam, as they can send your lawyer the footage.
The evidence you gather at the scene will make a massive difference to your claim, but your solicitor will also do what they can to prove negligence. They can request any available CCTV of the accident scene and contact witnesses on your behalf.
If you’re a lorry driver claiming against your employer or a warehouse, your solicitor might want to see any evidence of training and other safeguarding policies in place.
The negligent party’s insurance company will also want you to attend a medical assessment, to verify your injuries and how they impact daily activities.
Report the accident
Even in minor collisions, you should always report the accident to the police and get yourself checked out by a doctor. Hospitals and GP surgeries will list your injuries, and medical records are essential in any injury claim.
How much compensation could I receive for an accident caused by a lorry?
Your compensation depends on numerous factors, including how your personal injury solicitor approaches the case and the extent of your injuries. While there’s no set amount as each claim is individual, your lawyer will be able to give you a ballpark figure based on Judicial College Guidelines.
Solicitors and insurance companies use the following factors to calculate your compensation:
- Injuries: Sprains and fractures from a road accident will result in less compensation than paralysis or conditions that impact your ability to work.
- Loss of Amenity: Lawyers will also calculate your payment based on a loss of amenity. This refers to how your injuries affect your ability to enjoy leisure activities and other components of daily life.
- Financial Impact: Road accidents can also have serious financial consequences regarding lost earnings, private medical costs, transportation, etc.
- Property Damage: If the lorry driver caused damage to your car or other valuable belongings, you can also add repair and replacement costs to the claim amount.
How long is the claims process for HGV accidents?
It ultimately depends on how receptive the employer’s insurance company is to the claim and whether your lawyer has all the necessary evidence. However, it’s also important to note that you can only claim compensation for up to three years after the lorry accident.
For this reason, it’s always best to make a claim shortly after because the process can sometimes be drawn out. If you claim on behalf of a loved one in the event of a fatality, you’ll only have three years from when the accident happened.
Children can file a claim for a road traffic accident involving a lorry for three years from the day they turn 18.
How much does it cost to claim compensation?
When you make a claim through www.nowinnofee.com, you’ll be partnered with a specialist personal injury solicitor who will take on your case on a no win no fee basis. Meaning you only pay your legal fees if your claim is successful. And even then you won’t have to pay their fees out of your own pocket, your solicitor will take their fee out of your compensation award, and you’ll receive the rest of the money.
Get the ball rolling on your lorry accident claim today
Personal injury claims can take longer than you think, so, if you’ve been injured in a lorry accident, call free on 0800 234 6438 today and see if you could be eligible to claim compensation. If your advisor believes you have a claim to make, they’ll partner you with specialist personal injury solicitors who will take on your case on a no win no fee basis.
Lorry accident claims might seem like an intensive process, but you have the right to compensation if you’ve been injured and it wasn’t your fault. If you’d like free advice or want to discuss your injuries, contact 0800 234 6438 and get the ball rolling on your claim.