If you’ve suffered an injury from a heavy goods vehicle HGV accident that you were not at fault for, you may be able to claim compensation. You could have suffered this injury as an HGV driver involved in an accident caused by someone else or you may have been injured because of an accident caused by an HGV driver. Either way, you may be able to claim if you’re able to prove that your injuries were caused by third-party negligence.
Lorry accident guide
This guide will answer such important questions as:
- In personal injury claims, what types of losses can I claim?
- What is the personal injury claims time limit?
- Can I claim if I’ve been injured by a light goods vehicle?
- How does the whiplash reform program affect my ability to claim?
- How do truck accident claims work?
- Can you claim compensation for a crash?
- What are the steps for lorry accident claims?
- How can a No Win No Fee personal injury solicitor help me claim for a truck accident?
Our advisors are available 24/7, offer free legal advice, and answer any questions or queries you may have about claiming for a road traffic accident or workplace accident. They can inform you in just a few minutes if you’re eligible to claim and can even provide you with a reliable compensation estimate. Please contact them using the details below.
- Call us using 0161 696 9685
- E-mail the details of your injury to us using [email protected]
- Use the live chat window on your screen
- Contact us using the form on our website
Alternatively, please read on to learn more about claiming for an HGV accident.
Jump To A Section
- A Guide On Lorry Accident Claims
- What Is A Lorry Accident?
- What Could Cause A Lorry Accident?
- Are There Different Types Of Lorry Accidents?
- Who Could Be Liable For My Injuries?
- Is The Owner Or Operator Of The Lorry Liable?
- How Do I Claim If Involved In An Accident With A Foreign Lorry?
- Heavy Goods Vehicle Accident Statistics
- Calculating Lorry Accident Compensation Claims
- What Else Could I Claim If Injured In A Lorry Accident?
- Steps To Take If Injured In A Lorry Accident
- No Win No Fee Lorry Accident Claims
- Contact Legal Helpline About Your Lorry Accident Claim
- Useful Links
- Lorry Accident Claim FAQs
A Guide On Lorry Accident Claims
Lorry accidents can be very serious due to the scale and size of these vehicles. In this article, we will look at the different types of lorry accidents that could occur, who may be liable and when you can make a personal injury claim.
To be eligible to make a compensation claim for a personal injury, firstly, you need to establish whether the party you hold responsible for your injury owed you a duty of care. Next, the important thing is to establish how this duty was breached. Then you will look at showing how this negligence caused your injury.
Therefore, regarding your injury, you need to prove that:
- The third party had a duty of care towards you
- That their actions breached this duty of care
- That this breach of their duty led to your injury
Only by proving all three of these things would you be able to claim compensation for a lorry accident successfully. Claiming can be difficult and stressful. This is why you may want to use a personal injury lawyer.
Solicitors can collect evidence and organise witness statements to give you the best possible chance of receiving compensation. Our advisors are available 24/7, offer free legal advice, and, if you’re eligible to claim, can put you through to a lawyer in just a few minutes. Simply call our team using the contact details above.
What Is A Lorry Accident?
For this article, we are focusing on two areas. Road traffic accidents that involve lorries and workplace accidents that also involve lorries. When attempting to claim compensation because of a personal injury, it’s important to note that you need to be able to show that the accident was caused by third-party negligence. If you were partially responsible for the accident, you would receive a lower compensation amount if your claim is successful.
However, one thing to bear in mind is that if your injuries are valued to be worth less than £5,000 in a road traffic accident as a driver or passengers, you would need to claim through a different method. This is due to the whiplash reform program. The Whiplash Injury Regulations 2021 highlights this.
If you are unsure about whether your lorry accident means you are able to claim compensation for the harm you have suffered why not call our team of advisors who can assess your case for free. They can also provide free legal advice on what your next steps could be.
What Could Cause A Lorry Accident?
There are many reasons why a truck accident could occur. They include:
- Road traffic accident caused by the HGV driver
- Vehicle accident involving an HGV but caused by another road user
- Due to poor road conditions, there is a collision with an HGV and another vehicle.
- An HGV driver suffers a workplace injury because the vehicle is not fit for purpose.
These are just some of the reasons you may be looking to make a personal injury claim because of an accident that involves an HGV. If you’ve been hit by a lorry due to driver negligence, you may be able to claim. We’ll now describe the different types of lorry accidents.
Are There Different Types Of Lorry Accidents?
A lorry accident can cause injuries, such as whiplash, multiple broken or fractured bones or a serious head injury. Given the size of the vehicle, being in a road traffic accident with a lorry can cause severe and life-changing injuries. Different types of lorry accidents include:
- Rear-end crashes
- Head-on collisions
- Jackknife accidents – These are accidents that are caused by the folding of an articulated vehicle.
- Side impacts
- Rollover accidents
- Cargo-related accidents – For example, the door of a light goods vehicle may not be secured properly, resulting in cargo flying out of the vehicle.
Whether you’ve suffered from an LGV or HGV accident, you can claim if you’re able to prove that your injury was caused by third-party negligence. The third-party must have owed you a duty of care. Please note all road users owe each other a duty of care. To learn more about claiming for a lorry accident, please contact us using the details above. Our advisors offer free legal advice, are available at whatever time suits you and can confirm if you’re eligible to make a claim.
Who Could Be Liable For My Injuries?
You may be wondering, “can you claim compensation for a crash?” Whether you can claim successfully depends on who was liable for the accident and the injuries caused. Every road user in Great Britain has a duty of care as established in the Highway Code and The Road Traffic Act 1988. You need to conduct yourself responsibly on the road to prevent unnecessary accidents that can endanger other people’s lives.
This section will provide examples to explain whether the driver or operator could be at fault for such an accident.
- The HGV driver would be negligent if they failed to adhere to the duty of care described in the legislation above. For instance, they could be under the influence of alcohol or may not be taking the required safety protocols while driving such a vehicle. Fatigue is also important. If they continue driving the vehicle when tired or exhausted, they would also be responsible for the accident.
- The operator is the company. They could also be seen as negligent, for example, if they fail to maintain the HGV or lorry properly, this could cause an accident.
- In some instances, both the driver and the operator could be liable, leading to an HGV accident.
- In other accidents, another third party may be responsible such as another driver on the road or poor road conditions such as large pot holes.
Is The Owner Or Operator Of The Lorry Liable?
This is not always clear cut. When it comes to lorry accidents depending on who is liable for the accident will determine how the claim is made. Depending on how the accident is caused will shed light on who the claim is made against.
- If you’re claiming as a member of the public, whether it’s as another car driver or a pedestrian, who you would claim against would depend on your unique circumstances. You would either make a road traffic accident claim against the driver or a public liability claim against the company.
- When another road user is at fault for an HGV accident the driver could claim against their insurance.
- However, if you’re claiming as an employee, you would claim compensation for a workplace accident.
Employers have a duty of care to all of their employees in the form of The Health and Safety at Work etc. Act 1974. They need to take reasonably practicable measures to make sure their employees are as safe and secure as possible while performing their roles and using their facilities, in general.
How Do I Claim If Involved In An Accident With A Foreign Lorry?
If you’ve suffered an injury from a road traffic accident with a foreign lorry, many of the principles for making a personal injury claim remain the same. You would still need to take the driver’s details and the relevant vehicle details. Also, you would need to establish if they were at fault for the accident.
You could also need to contact the Motor Insurers’ Bureau (MIB). They can do a foreign vehicle registration check to see if the vehicle is insured. The vehicle should be part of the Green Card System. The Protection of Visitors scheme outlines this.
If needed, the MIB can help you receive compensation. If you have more questions about this, please get in touch. Our advisors are available whenever you need them, they offer free legal advice and can inform you if you’re eligible to claim in just one phone call.
Heavy Goods Vehicle Accident Statistics
The Department for Transport supplies road traffic accident statistics for Great Britain. These statistics look specifically at accidents that have involved HGV vehicles. They have been taken from the 2020 statistics and considered all figures for all accidents.
Calculating Lorry Accident Compensation Claims
You may be wondering, “how do truck accident claims work?” Regarding receiving compensation, there are two potential heads of claim if you want to claim for a lorry accident.
General damages relate to the general decline in your quality of life caused by the physical and psychological effects of the injury.
The Judicial College analyses previous general damages payouts, comparing the compensation amount with the severity and nature of the injuries. By doing this, they’ve created compensation brackets that provide an insight into the compensation you could receive. We use these figures below in our table.
Below is a list of injuries and their respective compensation brackets. The Judicial College has supplied these.
| Area of Injury | Amount of Compensation | Description |
|---|---|---|
| Brain | £40,410 to £85,150 | Injuries in this bracket affect concentration and memory, there's a small risk of epilepsy and the ability to work is reduced. |
| Post-Traumatic Stress Disorder | £3,710 to £7,680 | Injuries in this bracket lead to a virtually full recovery within one to two years of the incident. Only minor symptoms will persist for a longer period of time. |
| Chest | £61,710 to £94,470 | Injuries in this bracket cause traumatic injuries to chest, heart and/or lung(s) leading to permanent damage, physical disability and a reduction of life expectancy. |
| Chest | £2,060 to £5,000 | This bracket includes injuries to collapsed lungs where an uncomplicated and complete recovery is made. |
| Reproductive System: Female | £6,190 to £11,820 | This injury leads to infertility where the injured person would not be able to have children anyway (due to age, for example). |
| Bowels | £41,850 to £65,440 | This injury is a severe abdominal injury causing functional impairment and usually necessitating temporary colostomy (causing disfiguring scars). |
| Back | £11,730 to £26,050 | Many frequently encountered injuries fall into this bracket, such as ligament disturbances and prolapsed discs necessitating laminectomy or leading to multiple relapses. |
| Clavicle | £4,830 to £11,490 | Fractured clavicle. The award for an injury in this bracket depends on the extent of the injury and if there are any residual symptoms. |
| Arm | £36,770 to £56,180 | Injuries in this bracket include serious fractures of one or both forearms causing a permanent residual disability. |
| Hand | £5,260 to £12,460 | Injuries in this bracket include penetrating wounds, crush injuries and deep lacerations. |
What Else Could I Claim If Injured In A Lorry Accident?
The second potential head of claim is special damages. Special damages relate to the financial losses suffered because of the injury. You will, however, need to prove the value of the losses. This can be done by providing receipts, invoices and bank statements.
Examples of financial losses you could claim include:
- Care costs, such as the costs of using a care nurse
- Adjustments to your home, such as needing a care bed
- Loss of earnings
- Loss of future earnings
- Travel costs
- Prescription/medication costs
You may also be wondering what the personal injury claims time limit is. In most cases, you need to claim within three years of the accident or three years from being made aware of the injuries. This latter option is more for if you’ve suffered internal injuries that you weren’t initially aware of. This timeframe is established in The Limitation Act 1980. There are exceptions please call our advisors for more information.
Steps To Take If Injured In A Lorry Accident
You may be wondering, “what are the steps for lorry accident claims?” If you’ve been involved in a heavy goods vehicle accident or a road traffic accident of any kind, you could take the below steps.
- Getting the driver’s name and contact details
- Making sure you have the vehicle license plate number. It’s important to get both the front cab and the backplate details as these can sometimes differ. It’s usually the front cab number that indicates where the lorry is registered.
- Getting contact details of anyone that can provide a witness statement
- Calling your insurer to make them aware of the incident.
- Contacting a solicitor if you would like legal representation.
No Win No Fee Lorry Accident Claims
The benefits of using a No Win No Fee personal injury lawyer include:
- Not paying solicitor fees at any point during the claims process.
- The payment covering solicitor fees being taken from your compensation amount. This will be a small, legally capped portion.
- Not needing to pay solicitor fees if your claim is unsuccessful.
Therefore, you can rest assured knowing that our panel of personal injury lawyers will only take your case if they feel you have a reasonably good chance of success. As such, they won’t waste your time. They’re always diligent, upfront and honest about your chances of success.
Contact Legal Helpline About Your Lorry Accident Claim
Contact our advisors for free legal advice today to see if you’re able to claim. They’re available 24/7 and can inform you in just a few minutes if you’re eligible to receive compensation. You can use a personal injury solicitor from our panel on a No Win No Fee basis. They have years of experience in personal injury claims and could help you receive compensation.
- Call us using 0161 696 9685
- E-mail the details of your injury to us using [email protected]
- Use the live chat window on your screen
- Contact us using the form on our website
Useful Links
To learn more about claiming for a lorry accident, please use the links below.
Would you like medical advice after potentially breaking a bone? If so, view this page on the NHS website.
You can view more road accidents and safety statistics on the Department for Transport’s website.
To know more about claiming road traffic accident compensation through the MIB, view this page on our website.
For more information about claiming for road traffic accidents, view this webpage.
Have you been involved in a road traffic accident caused by an animal? If so, visit our website to see if you can claim.
Learn more about prison injury claims and get advice on the personal injury compensation claims process.
Lorry Accident Claim FAQs
For answers to FAQs about a truck accident, please see below.
Where can I find road safety rules for HGV’s?
The Driver and Vehicle Standards Agency provide information about the national standard for driving lorries. This clarifies the safety rules for using these types of vehicles.
How do truck accident claims work?
If you’ve been hit by a truck as part of a road traffic accident, they are very similar to other incidents of this nature. The important thing to bear in mind is that you need to prove that third party negligence was responsible for the injury you’ve suffered.
Can you claim compensation for a crash?
You can claim for a lorry accident if you can show that another third party was negligent because they breached their duty of care.
What are the steps for lorry accident claims?
Please contact us using the details above and our advisors can tell you about the necessary steps for making a lorry accident claim.
Writer by MD
Edited By MM.