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Lorry accident claims are a type of legal action taken when you have suffered physical and psychological injuries as a result of someone else’s negligence. If you have been injured because of the fault of a third party in a heavy goods vehicle (HGV) accident, you will be eligible to make a claim.
You may have been involved in a road traffic accident in which a lorry driver has been using their mobile phone and rear ended your vehicle. Or, whilst driving a lorry, another driver on the motorway has been driving recklessly, causing you to lose control and collide with multiple other vehicles. If your circumstances sound similar to the examples above, you may have grounds to make a claim, which can be made on a No Win No Fee basis. This means you will not have to make any upfront or ongoing payments to your solicitor for their work and you will only pay service fees if your claim is successful.
Lorry accidents can be catastrophic, resulting in life altering injuries as well as psychological damage from such a traumatic event. If you have suffered such consequences because of the actions of someone else, you deserve as much compensation as possible to help with the recovery of your injuries. At Legal Expert, we want to help you secure that compensation.
Our solicitors are experts in road traffic accidents and offer services that have a proven track record for awarding their clients the maximum amount of compensation. Get in touch with an advisor on our team, who are on hand 24/7, to answer any of your initial questions before connecting you with a solicitor.
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Lorry accident claims are a type of personal injury claim that can be made to gain compensation for injuries sustained due to the fault of the driver of a lorry, another road user or an employer. Making a lorry accident claim can compensate you for the pain that you have suffered, both physically and mentally, as well as for any additional expenses that you have incurred that are associated with your injuries.
You can discuss lorry accident claims further by contacting a helpful advisor on our team today.
Can I Claim Compensation After A Lorry Accident?
Yes, you can claim compensation after a lorry accident if you can prove that someone was responsible for your safety but acted negligently and this resulted in your injuries. The eligibility criteria for lorry accident claims is set out in full below:
You Were Owed a Duty of Care
Other road users and employers owe a duty of care to anyone else navigating the roads and their employees. This can be met by taking practical steps, such as following the rules of The Highway Code and running regular maintenance checks of the lorry, to ensure you are reasonably safe.
That Duty of Care Was Breached
A failure to take these steps amounts to a breach of duty. This may be another driver dangerously overtaking the lorry that you are driving, or the driver of a lorry not checking their blind spots before reversing.
You Suffered An Injury or Illness
Updated medical records with details and scans of the injuries that you sustained in your lorry accident will prove that you suffered an injury and are therefore eligible to make a claim.
To have your eligibility to make a lorry accident claim assessed, contact one of our helpful advisors today.
Can I Claim Compensation For Accidents With Foreign Lorry Or HGVs
Yes, you can claim compensation for accidents with a foreign lorry or HGV. These claims are usually handled through the Motor Insurers’ Bureau (MIB) if the non-British driver of the lorry does not have UK-based insurance. In this instance, the MIB will represent the defendant, but this will not affect your probability of a successful claim, providing you still gather evidence that proves the negligence of the driver. The process remains the same in that you will record the details of the accident, including the registration of the lorry and insurance companies, report the accident to the police and seek legal advice.
For more information on foreign HGV or lorry accident claims, contact an advisor on our team.
Claiming Compensation For Fatal Lorry Accidents
In the devastating event that a lorry accident has resulted in a fatality, you can bring a claim for the loss of your loved one to compensate for the pain that they suffered from their accident prior to their death and for their dependents. The estate will have 6 months from the date of their passing to bring this claim. If this 6-month period passes without the estate making a claim, certain relatives of the victim can bring a claim to compensate for the grief that they have suffered and the loss of their loved one’s contributions to the family.
Our advisors can support you in your first steps of making a fatal lorry accident claim. Contact them today.
Types Of Lorry Accidents And Who May Be At Fault
Lorry accidents can occur in many different scenarios due to their size, weight and the complex nature of manoeuvring them when driving. Some examples of lorry accidents and the negligence that caused them are given below.
When The Lorry Driver Is At Fault
Lorry drivers can be at fault by not following the safety regulations for these vehicles on the roads. This can involve failing to check blind spots for pedestrians when reversing or not getting adequate rest after driving for hours on end, causing them to fall asleep at the wheel and hit another vehicle.
When Another Road User Is At Fault
Negligent actions, such as driving recklessly or using a mobile phone whilst driving can cause a lorry driver to lose control whilst trying to avoid a collision, meaning the driver of the other vehicle would be at fault.
Accident At Work Claims For Lorry Drivers
Lorry accidents can also take place in an accident at work when returning the vehicle to the depot. Inadequate training of manual handling can lead to slipped discs when offloading goods, and a defect on tail lifts can cause sudden stops causing sprains from the worker losing their balance. Lorry drivers could also claim against their employer for a road traffic accident if their employer failed to take reasonable steps to ensure their safety. For example, if the vehicle was not maintained as it should have been and this lack of maintenance caused an accident.
To discuss the types of lorry accident claims that your circumstances may fall under, get in touch with one of our advisors today.
What Injuries Could A Lorry Accident Lead To?
A lorry accident can lead to injuries of the most severe degree, such as paralysis and brain damage, due to the high impact collisions that can be caused by their size. Other injuries that may be sustained in a lorry accident are listed below:
To find out what other injuries can be compensated for in lorry accident claims, get in touch today.
How Much Lorry Accident Compensation Can I Claim?
The amount of lorry accident compensation that you can claim will depend on the severity of the injuries that you have sustained. Your general damages will compensate for the pain and suffering that you have endured. Legal professionals may refer to the Judicial College Guidelines (JCG) to help calculate them. The JCG is a document that provides suggestions of compensation amounts to award different injuries with varying degrees of severity.
Below is a table with examples of suggested compensation brackets from the JCG for different injuries that are commonly sustained in lorry accidents. We’ve also included 2 tariffs from the Whiplash Injury Regulations, which we explain shortly. All lorry accident claims are different, so it is important that you use these only as guidelines and not guarantees. Please also note that the top figure was not taken from the JCG.
Injury
Severity
Suggested Compensation
Multiple Serious Injuries
Multiple serious injuries with substantial financial losses, such as care costs, rehabilitation and loss of earnings
Up to £1,000,000+
Tetraplegia
Cases of the highest severity will involve a significant effect on the senses and pain that is present
£428,850 - £533,720
Brain Damage
Very Severe - some ability to follow basic commands and return of sleep/waking patterns but little to no language function.
£372,570 - £533,720
Moderately Severe - substantial dependence on other and constant professional care is needed
£289,420 - £372,570
Neck Injury
Severe (ii) - Serious Fractures or damage to discs in the cervical spine.
£86,860 - £172,970
Back Injury
Moderate (i) - cases of compression/crush fracture where there is substantial risk of osteoarthritis
£36,680 - £51,230
Chest Injury
Traumatic injury to heart and/or lung(s) causing permanent damage
£86,860 - £133,000
Pelvis and Hip Injury
Severe (ii) - cases that may include a fracture dislocation of the pelvis.
£81,790 - £103,580
Whiplash Tariff
Whiplash injuries with minor psychological damage with symptoms lasting 18-24 months
£4,975
Whiplash Tariff
Symptoms of whiplash last 18-24 months
£4,830
Can Lorry Accident Claims Compensate For Financial Losses?
Yes, lorry accident claims can compensate for financial losses. These will fall under the head of claim, special damages which aim to reimburse you for the additional expenses that you have suffered. Some examples of what might be included in your special damages are given below:
Loss of earnings from your injuries leaving you unable to attend work
Care costs if you had to hire carers to help you perform daily tasks
Physiotherapy costs to help you regain strength when walking or to help a speech impairment caused by brain damage from your accident.
Adjustments made to your home or car, such as stairlifts or push-button controls in your car after experiencing partial paralysis from your lorry accident.
Travel expenses as your broken arm or leg has left you unable to drive and you have therefore had to purchase train tickets to get around.
To find out what damages may be included in your lorry accident claim, call a helpful advisor on our team today.
Whiplash Reforms And Lorry Accidents
Some lorry accident claims may be impacted by the Whiplash Reform Programme. Certain low-value claims must be made through the Reforms. So if:
Your accident occurred in England or Wales,
You were the driver or passenger of a motor vehicle, including a lorry,
Were 18 or older on the date of the accident,
And have injuries valued at £5,000 or less
Your claim would come under the Whiplash Reform Programme. It was brought in on the 31st of May 2021 and changed how certain low-value road traffic accident claims were made. If you suffered whiplash, regardless of which way you are claiming, your injury will be valued using the tariff figures found in the Whiplash Injury Regulations 2021 (2 examples can be found in our table above).
Furthermore, if your injury is not found in the tariff but is low-value (ie, bruised ribs), you would still claim through the Reforms. However, your injury would be valued traditionally.
Speak to an advisor for more information about the Whiplash Reform Programme and to discuss if your lorry accident claim will be impacted by it.
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To bring a lorry accident claim, you will need evidence to prove the fault of the responsible party. Some examples of evidence that could be useful in proving fault are given below:
Get medical treatment – Your health comes first so the first step is to seek medical attention, which will provide updated medical records and scans of your injuries to use as evidence.
Collect evidence when it is safe to do so. This can include images of the aftermath of the collision, insurance details and the contact details of other road users who witnessed your lorry accident.
Report the accident – An official report to insurance companies, or in the accident book in the lorry depot, will create a paper trail of what happened.
Keep ongoing records of the extent of your pain each day and a log of your financial losses so that you remember each payment that you have made.
Speak to a personal injury solicitor. Early advice from a personal injury solicitor with specialist experience in lorry accident claims can provide you with guidance on what evidence to gather and the correct way of retrieving it. This could help you to avoid making any mistakes early in the process which could affect your claim later on.
Ensure the claim starts within the time limit, which is 3 years starting from the date of your accident. There are some exceptions to this deadline, which are detailed in our personal injury limitation period guide.
To find out more about the process that lorry accident claims undergo in order to succeed, get in touch with one of our advisors today.
Claim After A Lorry Accident With Legal Expert
Our solicitors here at Legal Expert understand how traumatic lorry accident claims can be on both your physical and mental health, so they want to give you an experience with the claims process that is as stress-free as possible. Details on the services and arrangements that they offer to ensure this are given below.
Why Claim With Our Expert Lorry Accident Solicitors?
Claiming with our expert lorry accident solicitors will give you the support of an expert personal injury solicitor with decades of first-hand experience. They know what makes a successful claim. As part of this, they provide a besoke service from start to finish. Some of the services are given below:
Tailoring their advice based on the circumstances of your claim. Whether you were the driver of the lorry or you were injured due to the fault of a lorry driver, our solicitors know what evidence will best support each individual claim.
Focusing on gaining you the maximum amount of compensation by thoroughly assessing your injuries and asking you a series of questions that evaluate the financial losses that you can be reimbursed for.
Handling the difficult conversations with insurance companies, your employer or the lorry driver so that you can focus on your recovery rather than worrying about confrontation.
Gathering further evidence by contacting the other road users who witnessed your lorry accident for a statement.
Answering any of your questions about the claim process and updating you on your claim regularly so you are aware of any new information and the cooperation of the third party.
This is just a handful of the services that our solicitors will provide when claiming with them. Getting in touch with a friendly advisor on our team could get you connected with a solicitor today.
Lorry Accident Claims On A No Win No Fee Basis
Lorry accident claims can be made on a No Win No Fee basis with our solicitors. You will be offered the chance to enter a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement. Our solicitors offer these agreements, as they benefit clients by:
Not requiring initial payments for the work of their solicitor before the claims process.
Claimants will not have to worry about making ongoing payments for the services of their solicitor during the claims process.
Unsuccessful claims will not have to pay service fees.
A success fee will have a small percentage deducted from their compensation, known as a ‘success fee’. The success fee is capped by law, therefore you will receive the majority of your compensation.
To discuss entering a No Win No Fee arrangement with one of our solicitors, contact one of our advisors today.
Below you will find answers to frequently asked questions about lorry accident claims.
How Is Liability Decided In A Lorry Accident Claim?
Liability in a lorry accident claim is decided when the claimant can prove that they were owed a duty of care which was breached and this resulted in injuries. The person or organisation that owed that duty of care will be considered liable for the accident.
Can Multiple Parties Be Held Responsible For A Lorry Accident?
Yes, multiple parties can be held responsible for a lorry accident. For example, if the accident was caused by the negligent actions of both the employer and the driver.
What if Defective Or Poorly Maintained Lorry Equipment Caused The Accident?
If defective or poorly maintained lorry equipment caused your accident, you could claim against the manufacturer of the lorry equipment for allowing it to be purchased with a defect.
Can I Claim If Driver Fatigue Caused The Lorry Accident?
Yes, you can claim if driver fatigue caused the lorry accident, provided that you can prove that the driver was negligent in not ensuring that they had adequate rest.
What Happens If I Was Hit By A Lorry While Using Public Transport?
If you were hit by a lorry while using public transport, you can still make a claim as the driver of the lorry owes anyone else using the roads, including passengers, a duty of care.
Can I Claim For Psychological Injuries After A Lorry Accident?
Yes, you can claim for psychological injuries after a lorry accident. These incidents can be very traumatic, and you can claim for conditions such as anxiety or PTSD.
Will I Need Expert Medical Evidence For My Claim?
Yes, you will need medical evidence for your claim to prove that you sustained injuries from the accident caused by the third party. This can include updated medical records, scans or X-rays and prescription forms.
Can I Get Interim Payments While My Claim Is Ongoing?
Yes, you can get interim payments whilst your claim is ongoing, which will be taken from your final compensation award.
Are There Differences Between HGV And Standard Lorry Accident Claims?
Yes, there are some differences between HGV and standard lorry accident claims as the weight and mass of HGVs mean that they can lead to injuries of a higher severity and can include multiple vehicles.
What Legal Regulations Apply To Lorry Drivers And Operators?
The legal regulations set out in The Highway Code and Road Traffic Act 1988 apply to lorry drivers and operators as they are road users and therefore owe a duty of care to all other people on the roads.
Can I Claim If The Accident Was Caused By Overloaded Cargo?
Yes, you can claim if the accident was caused by overloaded cargo as this would be negligence caused by the employer or driver, therefore they would have breached their duty of care.
Our advisors are always happy to answer any further questions that you may have about lorry accident claims. Give them a call today.