Lorry accident compensation claims

If you’ve been injured in a road accident involving a lorry or HGV, you could be eligible to make a no win no fee personal injury claim.

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lorry accident claims

Lorry Accident Claims

Company vehicles such as lorries and heavy goods vehicles (HGVs) can be seen in huge numbers on British roads every day of the year. They play a vital role for thousands of businesses and are essential for the UK economy.

Although lorry accidents make up a relatively small percentage of collisions on UK roads, their consequences are often severe. That is not surprising, given their substantial size and weight and the force of the impact they can cause. Moreover, lorry drivers often work long hours, making them susceptible to accidents caused by fatigue.

To help combat driver fatigue and minimise the risk of accidents, lorry drivers and the companies they work for are regulated by various UK laws. This includes the Working Time Regulations which set limits on the number of driving hours that can be worked daily, weekly and fortnightly. They also impose minimum rest periods that must be taken by lorry drivers.

If you were injured as another road user or while driving a lorry, you could be entitled to compensation for your suffering and financial losses. To find out if you have a valid lorry accident claim, get legal advice today by calling free on 0800 470 0474. Alternatively, you can request a call back for a free consultation with an experienced solicitor to discuss your case.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    Can I make a lorry accident claim?

    Whether you were the lorry driver, a pedestrian or another motorist involved in the accident, you should be entitled to make a lorry injury claim if:

    • Another party owed you a duty of care
    • They breached their duty by causing an accident
    • You suffered an injury or injuries as a result within the last three years

    Your solicitor will refer to the relevant legislation to prove a duty of care. Based on your circumstances, this could be the Road Traffic Act 1988 or the Workplace (Health, Safety and Welfare) Regulations 1992. Once liability is established, they will help you collate all the necessary evidence to claim lorry accident compensation.

    Claiming as a lorry driver

    If you were involved in a collision with another vehicle due to the other driver’s actions, you would be able to claim against their insurance company. Additionally, as an employee, you may be eligible to make an HGV accident claim against your employer if the accident was a result of their negligence.

    That could be the case if your accident is due to a poorly maintained vehicle or if you are made to drive without sufficient rest periods. Another example of potential employer negligence is accidents caused by an incorrectly loaded lorry, such as carrying too much weight or an unstable load.

    Claiming as another road user

    If you are a driver, passenger or pedestrian that has had an accident with a lorry or HGV, and the driver of this vehicle was at fault, you would be able to make a compensation claim against either the HGV driver or the company they work for.

    What evidence do I need to make an HGV accident claim?

    Strong evidence is crucial to support a lorry accident claim and increase your chances of receiving compensation. To help with this, you could:

    • Take photographs or a video of the accident scene from various angles if it is safe to do so. These images could help establish liability;
    • Take pictures of your injuries and any damage to your vehicle or property;
    • Swap details with the lorry driver, without admitting any blame. You should get their name, contact details, vehicle registration number and details of their insurance policy;
    • Ask for the contact details of any witnesses to the accident. If liability cannot be proven, your solicitor may need a statement from them later on;
    • Obtain CCTV or dashcam recordings, if available. Your solicitor could act on your behalf to secure any footage that could show what happened;
    • Get medical assistance as soon as possible. Your medical record will help prove the type and extent of your injuries. Your solicitor may also arrange a specialist visit to get a prognosis of your condition and the long-term effects of your injuries;
    • File an accident report with the business that owns the lorry;
    • Keep all the documents related to your financial expenses, such as receipts, invoices and wage slips.

    By taking these steps, you can improve your chances of securing lorry accident compensation. You should speak to a personal injury solicitor even if you do not have the necessary evidence to support your case, as they can help you gather everything you need to start legal proceedings.

    Can I claim compensation if I was partly to blame?

    Yes, you could make a truck accident claim even if you were partly to blame. Due to the principle of contributory negligence or split liability, you may still be entitled to reduced compensation. As long as it can be established that you had less than 50% of the blame, you will be allowed to proceed with a claim.

    However, your lorry or HGV accident compensation will be reduced proportionately to your degree of fault. For example, if you were deemed 25% responsible for the accident, you would receive 75% of the compensation you would have been allowed if you were not partly at fault.

    Some scenarios where contributory negligence would apply include:

    • You were not wearing a seatbelt
    • You did not look properly before crossing the street
    • Failure to signal or misleading signalling
    • You knowingly got in a car with an intoxicated driver
    • Emerging from side roads without looking for incoming traffic

    After learning the details of your case, your solicitor will be able to determine whether you could still make a claim for a lorry accident. For a free consultation, call 0800 470 0474 today or use our online claim form.

    Common causes of lorry and HGV accidents

    Over the years, the number of lorry accidents on British roads has increased. These accidents can result in severe injuries to those involved, as well as possible fatalities.

    As with all road accidents, the vast majority are due to some form of driver error, whether on the part of the lorry driver or another vehicle. Such causes include speeding, tailgating, careless driving and failure to look properly or follow road signs. However, there are many other potential risks with lorries that could result in accidents, such as:

    • Driving without the required training and necessary qualifications
    • Speeding to meet deadlines and tight schedules
    • Driving for long hours without taking adequate breaks
    • Driver fatigue, causing the driver to fall asleep or lose concentration behind the wheel
    • Heavy loads not adequately secured on the lorry
    • Exceeding the maximum weight or height capacity when loading the lorry
    • Not carrying out inspections of the vehicle to ensure that it is safe
    • Failure to maintain a safe distance, as lorries take longer to stop
    • High winds could cause the driver to lose control of the vehicle

    Regardless of what happened, if you suffered an injury or injuries due to someone else’s actions or negligence, you might be able to make a claim for compensation.

    How long do I have to claim lorry accident compensation?

    The general time limit to start a claim if you are injured in a lorry accident is three years after the accident, with some exceptions. If you do not begin legal proceedings within the allotted timeframe, you may become statute-barred from claiming compensation, even if your claim has merit. Therefore, you should seek legal advice as soon as possible to ensure your solicitor has enough time to gather evidence and build your case.

    The typical three-year time limit does not apply if:

    • Your injuries become apparent later after the accident. In this case, the limitation period typically starts when your injuries were diagnosed and you knew they were related to the accident, known as the date of knowledge.
    • The injured person is a child under 18. The three-year time limit only applies to claimants over 18. A parent or legal guardian could claim for a minor anytime, regardless of when the accident happened.
    • The injured party lacks the mental capacity to claim. The time limit is suspended in this case, and a litigation friend could claim on their behalf at any point.
    • You lost a loved one in an accident involving a lorry. You could start a fatal accident claim within three years after your loved one has passed away.
    • You were involved in a truck accident abroad. The time limit can vary significantly from country to country and could be much shorter than three years.

    How much compensation can I get in a lorry accident claim?

    Each case is unique, and the amount of compensation you might be able to secure will depend on your specific situation. Some determining factors include:

    • The type and severity of your injuries
    • Whether you have any part of the blame
    • The financial losses you incurred as a result of the accident
    • The long-term consequences of your injuries

    You are entitled to recover two types of damages in an HGV accident claim:

    • General damages refer to compensation for the physical and psychological injuries you suffered. They cover pain, suffering and loss of amenities and are not easily quantifiable. Courts and solicitors refer to historical cases and the Judicial College Guidelines to determine the award for general damages.
    • Special damages are compensation for the financial losses that resulted from the accident. They are usually supported by receipts, invoices, wage statements, and other concrete evidence and are easier to calculate.

    Based on your circumstances, your solicitor may include the following damages in your road traffic accident claim:

    • The physical pain and suffering caused by your injuries
    • Subsequent mental or physical disabilities
    • Resulting psychological issues like post-traumatic stress disorder or anxiety
    • Scarring and disfigurement
    • Loss of ability to pursue a hobby or social event
    • Loss of consortium and companionship
    • Short and long-term medical expenses like medication and private treatment
    • Cost of rehabilitation and physical therapy
    • Loss of income and reduction in your future earnings
    • Travel expenses related to the injuries
    • The cost of medical aids or modifying your home or vehicle to deal with a disability

    The compensation award for general damages in a HGV or lorry accident claim could be anywhere from £1,000 to over £500,000, depending on your injuries. You can refer to our compensation calculator to better understand how much compensation you could be entitled to claim for various injury types.

    Making a lorry injury claim on a no win no fee basis

    If you have been involved in a lorry accident that was not your fault, an injury lawyer can assist you in making a personal injury claim. They will offer you a no win no fee agreement* if you stand a good chance of receiving compensation for your injuries and subsequent losses. That means they will work on your case without asking for any upfront payment.

    Furthermore, if the claim is lost, you do not have to pay for their time and work. Your solicitor will only be paid if you are compensated. In this case, a success fee will be deducted from your settlement to cover their costs. This fee cannot be more than 25% of your award for general damages and past financial losses. There are no hidden costs, and you will always know exactly how much you have to pay if your case is successful.

    Under the no win no fee service, you will also benefit from After the Event (ATE) insurance. This type of insurance policy covers all the costs and disbursements incurred during the claims process if your claim is unsuccessful, including:

    • The defendant’s solicitor fees and legal expenses
    • Expert witness fees
    • Police and medical reports
    • Other fees requested by the court

    Personal injury solicitors have helped thousands of people make personal injury claims as a result of lorry and other road accidents. Your solicitor will provide a genuine no win no fee service, so you can pursue the compensation you deserve without the worrying financial risk of legal bills if your case is unsuccessful.

    To find out more about making a lorry accident compensation claim, call 0800 470 0474 today or request a call back for a free case assessment. An experienced solicitor can tell you within minutes if you can start a claim and let you know how much compensation you could be entitled to.