If you or a loved one has been involved in an accident with a heavy goods vehicle (HGV) or you have been injured while driving an HGV, you may be entitled to claim compensation. HGV accident claims can arise from a wide range of road traffic accidents, including those caused by driver negligence, poor weather conditions, or mechanical failures. This comprehensive guide will walk you through the entire claims process, including eligibility, how to calculate compensation, and how a solicitor from our panel could support you every step of the way.
We understand that serious accidents involving HGVs can result in life-altering injuries or even fatalities. That is why we aim to provide clear, accessible guidance, tailored for anyone affected by a lorry accident. Whether you are the injured party or claiming on behalf of someone else, we can help you understand your rights and how to make a successful personal injury claim.
Throughout this article, we will also explain how a No Win No Fee service works, what types of evidence can support your case, and how compensation payouts may be determined.
Speak to our team for advice regarding your road traffic accident claim:
- Call on 0333 000 0729
- Contact us online
- Use our live chat
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Who Can Make HGV Accident Claims?
You could be eligible to make a compensation claim if you have sustained injuries in a road traffic accident caused by another road user, whether you were the HGV driver, the driver of another vehicle, such as a car, a passenger or a pedestrian. To have a valid claim you must be able to prove:
- You were owed a duty of care by another road user, including lorry drivers.
- This duty was breached through actions such as dangerous driving, tiredness, or poor vehicle maintenance.
- You sustained physical or mental injuries as a direct result of the accident.
Road users are expected to use the roads safely and in accordance with The Highway Code and the Road Traffic Act 1988, per their duty of care. Lorry and HGV drivers have a heightened duty of care due to the increased risk their vehicles pose to other road users.
If you believe another driver breached their duty and caused the accident and your subsequent injuries, you may be entitled to claim compensation. Speak to our team today for a free consultation.
Can I Claim For A Loved One’s Fatal HGV Accident?
Yes, under certain circumstances, it is possible to claim for a loved one’s death caused by an accident involving a HGV.
A claim can be made by the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 for the pain and suffering of the deceased, as well as a claim on behalf of the dependents. They are also the only party that can claim for the first 6 months following the death.
Dependants of the deceased, such as spouses, children, or parents, may be eligible to claim compensation for loss of financial support, funeral expenses, and emotional suffering, after the first 6 months (provided the estate hasn’t already made a claim on their behalf).
Claims can be made under the Fatal Accidents Act 1976 and may include:
- Bereavement awards
- Loss of consortium
- Funeral and travel costs
- Loss of past and future earnings
For tailored advice for your case, contact our team to find out if you could be eligible to claim compensation.
What Compensation Could I Get After An Accident With An HGV?
Compensation payouts vary depending on a variety of factors, such as the severity of your injuries and the impact on your life. There are two main heads of claim that you could receive:
- General damages – for pain, suffering and loss of amenity, e.g. being unable to participate in your usual hobbies.
- Special damages – for associated financial losses such as loss of earnings and medical expenses.
Legal professionals often refer to the Judicial College Guidelines (JCG) to value general damages. Within this document are compensation guidelines for a range of injuries. We have used some of these for the table below.
Please note that the first entry and the final two entries have not come from the JCG.
| Injury | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple severe injuries with special damages | Severe | Compensation for suffering multiple severe injuries and for the associated financial losses such as medical expenses and lost earnings. | Up to £1,000,000+ |
| Brain Damage | Very Severe | Little response to their environment that is meaningful with also double incontinence and little to no language function. | £344,150 to £493,000 |
| Back | Severe (i) | Severe nerve root and spinal cord damage. | £111,150 to £196,450 |
| Amputation of Arms | Loss of One Arm (ii) | The arm is amputated above the elbow, making it hard to use a prothesis. | £133,810 to £159,770 |
| Neck | Severe (ii) | Serious damage to cervical spine discs and fractures. | £80,240 to £159,770 |
| Leg | Severe (iv) Moderate | Crushing injuries, multiple or complicated fractures are included in this bracket. | £33,880 to £47,840 |
| Foot | Modest | Ruptured ligaments and simple metatarsal fractures. | Up to £16,770 |
| Whiplash Tariff | Whiplash with psychological injuries | Lasting between 18 to 24 months. | £4,345 |
| Whiplash injuries | Lasting between 18 to 24 months. | £4,215 |
How Will My Compensation Be Calculated?
Calculating compensation in HGV accident claims requires consideration of both general and special damages. Factors that could affect how much you receive in general damages include:
- Type of injuries suffered
- The severity of said injuries
- What medical treatment is needed
- The expected recovery period
Special damages compensate you for the financial losses associated with your injuries. These are calculated based on your specific circumstances and can include:
- Loss of earnings if your injuries prevented you from working
- Travel costs for attending medical appointments or treatment
- Medical expenses, including physiotherapy, prescriptions or private treatment
- Costs for care and assistance, including help at home or nursing care
To receive special damages, you will need to gather evidence such as payslips, receipts, invoices and medical records.
If you’re unsure what financial losses you can include in your claim, contact Legal Helpline to discuss your case.
The Whiplash Reform Programme
The Whiplash Reform Programme introduced changes to how some road traffic accident claims are made in England and Wales. If you’re over 18 and suffered a whiplash injury as a driver or passenger, your claim may now be processed through a different avenue if your injuries are valued under £5,000.
Whiplash compensation is determined using a fixed tariff system set out in the Whiplash Injury Regulations 2021. We have included some of these tariff amounts in the table above.
If you’re unsure how this reform affects your case, get in touch with our team for free advice.
The Main Causes Of HGV Accidents
HGV accidents can occur for many reasons. Whether you were injured as the HGV driver, or another road user, you may be able to claim if you can prove your injuries were caused by someone else breaching their duty of care.
Some examples of accidents that could lead to a valid claim include:
- Another HGV driver is distracted by their phone and therefore fails to notice that you have come to a stop on the motorway due to traffic. This causes them to crash into the back of your HGV at a speed, and you suffer a severe back and neck injury.
- A car driver fails to check that it is safe to merge into another lane before doing so, causing them to hit the side of your HGV, and you suffer a serious shoulder injury.
- A pedestrian is lawfully using a pedestrian crossing. A HGV driver is speeding and fails to come to a stop in time, hitting the pedestrian. This causes them to suffer multiple serious injuries, including brain damage, a broken arm, and they required a leg amputation.
Speak to us about your particular case and about starting your claim today.
How To Make An HGV Accident Claim
To make a HGV accident claim, it is vital to act within the time limits set by the Limitation Act 1980. Generally, you have 3 years from the date the accident occurred to begin your claim.
In some cases, such as for children or individuals lacking mental capacity, this time limit may have exceptions. You can contact our advisors to learn more about these exceptions.
Evidence To Support Your Claim
You will also need evidence to support your case. Examples may include:
- Medical assessment and records
- Police reports
- Dashcam or CCTV footage
- Photographs of the accident scene and vehicle damage
- Witness contact information
One of the solicitors on our panel could help you with gathering this evidence as part of their services. Contact our advisors to learn more.
Will I Have To Go To Court?
Most road traffic accident claims are settled outside of court. However, your claim might proceed to court if:
- Liability is denied
- There is a dispute over the compensation amount
- The defendant fails to respond
Our panel of solicitors aim to resolve claims efficiently. If a court hearing is needed, they will represent your interests and support you throughout.
Worried about going to court? Call today for a free consultation and reassurance.
Can I Make A No Win No Fee HGV Claim?
Yes, you can make a No Win No Fee HGV accident claim with one of the solicitors on our panel through a Conditional Fee Agreement (CFA). This type of agreement offers numerous benefits:
- No upfront service fees for your solicitor to begin working on your claim
- No service fees if the claim is unsuccessful
- You will pay your solicitor a success fee if you win, and it is taken as a legally capped percentage of your compensation
This arrangement makes legal representation accessible regardless of your financial situation.
What Services Could a No Win No Fee Solicitor Offer?
A solicitor from our panel could provide a range of professional legal services to support your HGV accident claim, including:
- A free initial case assessment to determine your claim’s eligibility
- Gathering key evidence, including witness statements, CCTV footage and medical records
- Arranging a medical assessment to understand the extent of your injuries
- Calculating maximum compensation by assessing both general and special damages
- Managing all communication with insurers and third parties
- Negotiating on your behalf to reach a fair settlement
- Representing you in court if the claim cannot be settled outside of court
Contact Legal Helpline
At Legal Helpline, we connect you with experienced personal injury solicitors from our panel who specialise in HGV and lorry accident claims. Our friendly advisors are available to provide free advice and assess your eligibility quickly and confidentially.
Get started today:
- Call on 0333 000 0729
- Contact us online
- Use our live chat
Learn More
More guides by us:
- Guidance on claiming for a pedestrian accident
- Advice on making a bus accident claim
- Information on when you may need to claim through the Motor Insurers’ Bureau (MIB)
Useful external links:
- Reported road casualties in Great Britain from the Department for Transport.
- Road safety laws from Think!
- Learn when to call 999 from the NHS
Thank you for reading this guide on HGV accident claims.
