Lorry Driver Accident – A Guide to Claiming Compensation

If you have an accident while driving a lorry for work, you could be entitled to claim compensation for any suffering caused. In some cases, your claim could be made against other road users, in others, it could be against your employer if their negligence caused your accident. As such, we’ve written this guide on lorry driver accident claims to help you understand your options.

As well as explaining when lorry drivers can claim compensation, we explain the claims process, how damages are calculated and the evidence you could use to prove your case.

To help further, our advisors can assess the merits of your case for free. The no-obligation service means that your lorry driver claim will be checked by a specialist who’ll explain your options once they understand what has happened. They can also answer any questions you might have about claiming. If it appears that your claim is suitable (and you wish to proceed), it will be passed on to an accident at work solicitor who will provide a No Win, No Fee service.

To contact us about a lorry driver injury claim, you can:

• Call 0333 241 2519 to review your case with a specialist.
• Use our live chat service (any time of night or day) to contact us online.

If you’ve been injured while working as a lorry driver, seeking legal advice promptly can significantly increase the chances of successfully claiming compensation for the pain, suffering, and financial losses incurred.

Can I Claim Compensation as a Lorry Driver Injured at Work?

In principle, as a lorry driver injured at work, you may be entitled to make a personal injury claim if:

• At the point of your accident, the defendant owed you a duty of care; and
• Because the defendant was negligent, you were involved in an accident; and
• You have sustained injuries because of that accident.

As with all compensation claims, you will need to prove that each statement above is true if your case is to be successful. Therefore, we explain how to use evidence to strengthen lorry driver accident claims shortly.

Who Would a Lorry Driver Claim Against for Work-Related Injuries?

Lorry driver injuries can be caused by various parties including:

• Other vehicle drivers.
• Employers.
• Local authorities and highway agencies (when using public roads).
• Private companies (whilst driving on their property).

In this guide, we’ll concentrate on lorry driver accident claims against employers but the principles of claiming against others are much the same. As such, whatever the circumstances of your claim, please feel free to use the information in this guide and contact us if you believe you have a valid compensation claim.

What Types of Negligence Can Cause Injuries to Bus Drivers?

So, let’s look at a few scenarios where you could be entitled to claim compensation as a lorry driver because your employer failed to uphold their duty of care. They include:

• Your lorry was not properly maintained causing brake failure resulting in a serious concussion because it collided with a tree.
• You were crushed at work by the load of a tipper truck because you’d not been trained on how to use one.
• Over a prolonged period of working as a lorry driver, your hearing was damaged because your employer didn’t provide ear protection where you were exposed to excessive noise.
• While your lorry was being unloaded, you were struck by a forklift being operated by an untrained driver and suffered a broken pelvis as a result.
• Your hands were burned by chemicals leaking from your lorry because you were not given safety gloves by your employer.

Remember, your employer must’ve breached their duty of care if you’re to be compensated for any injuries you’ve sustained. Some of the ways that this might be true in lorry driver accident claims include if your employer failed to:

• Maintain the lorry properly.
• Train you on the companies health and safety procedures.
• Conduct regular risk assessments.
• Provide you with adequate Personal Protective Equipment (PPE) for free.

If you believe that you are entitled to make a lorry driver injury claim, please call our legal advisors for free advice about your options.

What Should I Do If I’m a Lorry Driver Injured at Work?

There are some steps that lorry drivers may need to carry out if they are injured at work including:

• It’s crucial to medical advice after any type of injury at work. That’s because undiagnosed injuries could cause further suffering due to a lack of treatment.
• You should always let your employer know about your accident as soon as you can. Crucially, if an accident report is filed, you may wish to ask for a copy (which you are entitled to do).
• If you’re able to do so, it is a good idea to gather evidence at the accident scene to help prove why you were injured.

Taking these steps can help you to recover sooner, help your employer to try and prevent similar incidents in the future and could make it easier for you to make a lorry driver accident claim if you decide to do so.

What Evidence Can Be Used for Lorry Driver Accident Claims?

If you try to start legal action for a lorry accident at work, your employer will more than likely ask their insurance provider to deal with it. In some cases, insurers may try to contest the claim to limit how much compensation they need to pay.

Consequently, to counter the insurer’s objections, you should collect as much evidence as you can to support your case. When claiming compensation for a lorry driver accident at work, all of the following evidence could be useful:

• Accident scene photographs to help identify the defect or hazard that caused the accident.
• Dashcam or CCTV footage of the accident.
• Medical notes from the hospital or GP surgery that treated you.
• A copy of your accident report form (to prove the date, time and location of the accident).
• Contact details for anyone who saw the accident so that witness statements can be collected if needed.

Additionally, if your lorry driver claim is worked on by one of our accident-at-work solicitors, they may try to collect further evidence as part of their service. This could include copies of your training records and accident investigation reports to try and prove who was responsible for your injuries.

Please feel free to call now to discuss whether there is enough evidence to support your lorry driver compensation claim.

How Long Do I Have to Claim Compensation for Lorry Driver Injuries?

The legal time limit for personal injury claims in the UK is 3 years. This is set in law by the Limitation Act 1980. In many cases, the time limit will begin from the date of the accident.

However, there are some exceptions:

• If you’ve sustained an industrial disability (respiratory disease for instance), the time limit starts from the date of your diagnosis.
• Where the lorry driver lacks the mental capacity to claim (perhaps because they’ve sustained a traumatic brain injury), there is no time limit for claiming.

Our recommendation is to seek advice from our legal advisors to check how long you have to claim and to take action as soon as you can.

How Much Compensation for a Lorry Driver Injured at Work?

If you make a successful lorry driver injury claim, the settlement you’ll receive will aim to compensate you for:

• The pain, discomfort and pain your injuries have caused. This type of compensation is called general damages and it includes both physical and psychological suffering.
• Any costs, financial losses and other expenses linked to your injuries – this is called special damages.

Usually, solicitors and insurance companies use the Judicial College Guidelines (JCG) to help them put a value on the general damages element of a claim. Before they do, of course, they will need a full understanding of your suffering so may collect medical records and independent medical reports to help them.

Some examples of special damages in lorry driver accident claims include:

• The cost of physiotherapy, prescription fees and other medical expenses.
• Care and support costs.
• Loss of earnings.
• Travel expenses i.e., to cover the cost of getting to and from hospital appointments.
• Home adaptation costs. Such changes may be necessary to help you deal with any permanent disabilities.
• Future loss of earnings where injuries have an impact on your earning capacity for the long term.

It is vital to consider all current and future suffering before accepting any settlement you are offered.

Do You Need a Solicitor for a Lorry Driver Accident Claim?

Taking on a solicitor to help you make a lorry driver accident at work claim could make the claims process much more straightforward and lead to a compensation offer higher than what you might have received otherwise.

Some of the ways an accident-at-work solicitor can help include:

• Ensuring that the rules of the pre-action protocol for personal injury claims are followed throughout your case.
• Collecting evidence to support your allegations.
• Negotiating on your behalf and dealing with all communication related to your claim.
• Fighting to try and secure the maximum level of compensation.
• Sending you regular updates to keep you informed about the progress of your case.

It is worth explaining that our panel of solicitors offer a No Win, No Fee service for lorry driver accident claims.

As such, once you’ve signed a Conditional Fee Agreement (CFA), your solicitor will begin working on your case without being paid for their work upfront. Crucially, you will only need to pay for their services if compensation is awarded.

Your CFA will list a success fee percentage. This is a deduction from any settlement you are paid that, by law, is capped at 25 per cent of your compensation.

How Long Will the Claims Process Take?

Various factors affect how long lorry driver compensation claims take so we can’t say exactly how long yours will take to be processed.

For instance, a simple case involving minor injuries can be settled in around 4 to 6 months. However, cases involving life-changing injuries could take up to a year or longer (but interim compensation could be paid during this time where needed).

If your case is suitable and taken on by one of our solicitors, they’ll be able to provide an estimated timescale once they’ve reviewed everything in detail.

Contacting Us About a Lorry Driver Injury Claim

Our legal advisors are here to help if you’d like to claim for your injuries. To get in touch, you can:

• Phone 0333 241 2519 to speak to an advisor over the phone.
• Use our online service to chat with a specialist any time of day or night.

Our initial consultation is free and you’re under no pressure to take matters any further. Additionally, our solicitors offer No Win, No Fee lorry driver accident claims service for any case they agree to work on.