If you have been injured in a Heavy Goods Vehicle (HGV) accident, you may be able to make a personal injury claim. However, in order to do so, you must have been caused harm by another road user breaching the duty of care they owed you.
This guide will cover the criteria you must meet to be able to make a claim and the duty of care you are owed whilst using the road.
Additionally, we will share examples of situations which could cause road traffic accidents with an HGV and how to gather evidence to support your claim should you be involved in one. Furthermore, we will discuss some of the benefits of working with a solicitor from our panel on a No Win No Fee basis.
If you have any questions about the claims process, do not hesitate to get in touch with one of our advisors. They are here to help you 24/7 and could offer you free advice for your claim.
You can reach them by:
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- How Do I Claim Compensation For A HGV Accident?
- What Could Cause An HGV Accident?
- Evidence Which Could Support Your Road Traffic Accident Claim
- What Could You Claim For A HGV Accident?
- Talk To Legal Helpline About Your Claim
- Learn More About Road Traffic Accident Claims
Every road user owes a duty of care towards other road users. This includes drivers, pedestrians and cyclists. Per this duty, they must act in a way that prevents accidents from occurring. They must also adhere to the rules and expectations set out for them in the Highway Code and the Road Traffic Act 1988.
To be eligible to make a claim for a road traffic accident, you must prove the following:
- Another road user owed you a duty of care.
- This duty of care was breached.
- As a result of this, you were injured. A breach of duty of care that results in an injury is known as negligence.
If you were involved HGV accident which occurred as a result of negligence, you might have the grounds to start a claim. Speak with our team for information about this.
The Whiplash Reform Program
In 2021, the Whiplash Reform Programme introduced changes to the way people can make low-value road accident claims in England and Wales.
If you are a passenger or driver of a vehicle and are over 18 years old and have an injury valued at £5,000 or less, the way you make your claim has changed. This includes claims being made for a whiplash injury.
Your injuries will be valued in line with the tariff of injuries outlined in The Whiplash Injury Regulations 2021. Any other injuries you are claiming for that are not set out in the tariff will be valued in the usual way. However, these tariff amounts might still apply even when the way you make your claim is not affected.
Contact our advisors today if you are unsure what avenue you should take when making your claim for an HGV accident. Additionally, they can inform you of the time limits for personal injury claims.
An HGV accident is any road traffic accident that involves a heavy goods vehicle. You may be able to make a claim if you have been involved in an accident while you’re travelling in an HGV. You could also potentially claim if an HGV was the other vehicle in the accident.
Some examples of how a road traffic accident involving an HGV could occur include:
- An HGV driver fails to check their rearview mirrors before merging into your lane on the motorway. This causes them to crash into your car, and you could suffer a head injury and whiplash as a result.
- You are an HGV driver, and another HGV crashes into your vehicle because they drove through a red light. You could suffer a shoulder injury.
- An HGV crashes into the side of your motorbike as they failed to check a junction was clear before pulling out. This could cause you to require a hand amputation because of the severe crush injury caused.
HGV Accident Statistics
The Department for Transport provides statistics on reported road collisions, vehicles and casualties in Great Britain. They reported that in 2021:
- 3,549 reported personal injury road collisions involved a heavy goods vehicle.
- 991 HGVs were involved in an accident due to driver/rider error or reaction.
- 562 HGV accidents were caused by the driver/rider failing to look properly.
- 167 accidents involving HGVs were due to impairment or distraction.
Contact one of our advisors today to see whether you may be eligible to make a claim or if you have any questions about claiming compensation after a road traffic accident.
To help support your chances of a successful claim, you could gather certain pieces of evidence. This could help prove that your injuries were caused by negligence.
Some steps you could take towards gathering evidence for your claim include:
- Requesting CCTV footage of the accident.
- Seeking medical help for your injuries and requesting a copy of your medical records to support your claim.
- Taking down the details of any eyewitnesses so a statement can be collected from them at a later date.
- Requesting and providing a police report if the police were called to the scene of the accident.
Additionally, one of the experienced solicitors from our panel could help you with gathering evidence for your claim. Contact our advisors today to discuss your claim and to be put in contact with a solicitor from our panel.
Following a successful claim for an HGV accident, you will receive general damages. General damages compensate you for the mental and physical pain and suffering you have experienced due to your injury.
The figures in the table below are taken from the 16th Judicial College Guidelines. This is a document many legal professionals will use to help them value claims, as it lists compensation guidelines for various injuries at different severities.
However, you should only refer to this table as a guide. This is because the factors of your claim could affect the amount you receive. Furthermore, the last two injuries have been taken from the tariff stated in the Whiplash Injury Regulations 2021.
|Back injuries||Severe (i)||The spinal cord and nerve roots have been severely damaged leading a combination of serious consequences.||£91,090 to £160,980|
|Leg injuries||Amputations (iii)||Amputation of one leg above the knee.||£104,830 to £137,470|
|Hand injuries||Serious Damage to Both Hands||Will result in a substantial loss of function and a permanent cosmetic disability.||£55,820 to £84,570|
|Arm injuries||Injuries Resulting in Permanent and Substantial Disablement||Serious fractures to one or both forearms are sustained. There will be permanent residual disability that is either cosmetic or functional.||£39,170 to £59,860|
|Neck injuries||Moderate (i)||Injuries such as fractures or dislocations and may call for spinal fusion and result in immediate symptoms.||£24,990 to £38,490|
|Shoulder injuries||Serious||Damage to the lower part of the brachial plexus with a dislocated shoulder causing pain in the shoulder and neck.||£12,770 to £19,200|
|Ankle injuries||Modest||Sprains, undisplaced fractures of ligamentous injuries. Various factors such as the recovery rate will affect the amount awarded.||Up to £13,740|
|Facial disfigurement||Trivial Scarring||Only a minor effect.||£1,710 to £3,530|
|Whiplash injuries||Whiplash with Psychological Injuries||The injury lasts longer than 18 months but no longer than 24 months.||£4,345|
|Whiplash injuries||Whiplash Injury Only||The injury lasts longer than 15 months but no longer than 18 months.||£3,005|
What Are Special Damages?
Additionally, you could be awarded special damages as part of your claim. Special damages compensate for any out-of-pocket costs and losses you might have incurred due to your injury.
Special damages could compensate you for:
- Costs of care.
- Travel expenses.
- Medical care costs.
- Past and future loss of earnings.
However, to successfully claim special damages, you will need to provide evidence of your losses. This could include any receipts, invoices or a copy of your bank statements.
For more information about how to make a claim for injuries sustained in an HGV accident, contact one of our advisors.
If you have been injured in an HGV accident, you could contact one of our friendly advisors to see if you’re entitled to make a claim. They could connect you with a solicitor from our panel who could assist you with your claim.
Generally, under the terms of this agreement:
- You will not owe your solicitor any upfront fees for their services.
- You will also not have to pay any ongoing costs to your solicitor while your claim proceeds for their services.
- Should your case be unsuccessful, you won’t need to pay your lawyers for the services they’ve provided.
- Should your claim be successful, you will owe your solicitor a small success fee. This will be deducted from your compensation, and the amount is legally capped.
Contact one of our advisors to discuss your potential claim today.
How To Contact Our Team
If you have been injured in an HGV accident and are unsure whether you could be entitled to make a claim, do not hesitate to get in touch with one of our advisors. They are available 24/7 to offer you free advice about your claim.
You can reach them by:
More articles by us about claiming for a road traffic accident:
- How Long Whiplash Must Last For In Order To Claim Compensation?
- Rib Injury Compensation Claims – How Much Compensation Can I Claim?
- How To Make A Fatal Road Accident Compensation Claim.
Additional resources that you might find useful:
Should you have any further questions about how to claim if you were injured in an HGV accident, contact our advisors today.
Written by Arthur
Published by Megan/Fern