A Guide To Making Lorry Accident Claims
A No Win No Fee solicitor specialising in road traffic accidents can help make a lorry accident claim.
£85 million in compensation
A Guide To Lorry Accident Claims
A No Win No Fee solicitor specialising in road traffic accidents can help make a lorry accident claim.
Everything You Need To Know About Lorry Accident Claims
If you’ve suffered injuries in a lorry accident, you might be eligible to claim compensation. An accident involving a lorry could be very serious, whether you are the passenger or driver of the truck or another road user. Our solicitors can help with lorry accident claims on a No Win No Fee basis.
Key Takeaways
- The ‘hierarchy of road users’ places those most at risk in the event of an accident at the top of the hierarchy, such as pedestrians and cyclists.
- However, it does not remove the need for everyone on the roads to navigate in a responsible manner.
- Any road user who sustained injuries in a lorry or HGV accident may be eligible for compensation, including lorry drivers and their passengers.
- Lorry accidents may result in life-changing injuries.
Our advisors are available 24 hours per day, 7 days per week to answer your questions about road traffic accident claims. As part of the free services at JF Law, they can assess your potential personal injury claim. If it seems like you have good grounds to move forward with a compensation claim, you can be connected to one of our personal injury solicitors.
To discuss your lorry accident claim:
- Call 0151 375 9916
- Fill out our contact us form for a call back.
Who Can Make HGV & Lorry Accident Claims?
Anyone who suffered injuries in a lorry accident might be entitled to compensation if they meet the personal injury claim eligibility criteria. You must be able to prove that:
- Another road user owed you a duty of care. This is a legal obligation that one party owes towards another’s safety. Everyone using the roads owes a duty of care to all other road users.
- This duty was breached.
- You suffered physical or mental injuries as a result of this breach.
To ensure that they adhere to the duty of care, road users should comply with the Road Traffic Act 1988 and the Highway Code.
Lorry Or HGV Driver Hit By A Third Party
If a lorry or heavy goods vehicle (HGV) driver suffers injuries because another road user navigated in an unsafe manner, they could be entitled to compensation.
For example, another lorry driver is speeding. At a junction, they crash into another lorry despite braking due to the speed at which they were driving. In the collision, the second lorry lands on its side, trapping the driver with a broken pelvis and brain damage.
Third Party Hit By A Lorry
Under the ‘hierarchy of road users’ found in the Highway Code, those who can cause the most harm have the greatest responsibility to take care and reduce the danger they present to others. If a lorry crashes into another vehicle, such as a car, the truck has the potential to cause the most damage.
For example, a lorry driver is over the drink-drive limit and causes a collision with a car by failing to stop at a red light. The car driver and passenger suffer life-changing injuries in the accident.
Driver Injured By A Faulty Lorry Or HGV
Workplaces must ensure all vehicles supplied to their employees are safe to use; this includes lorries and HGVs. If a lorry is not safe to use and this causes an injury, the lorry driver could make an accident at work claim.
For example, the employer failed to ensure that the lorry was road-worthy. As a result of a faulty brake, the lorry driver crashed into a tree, suffering a head injury, broken jaw and facial cuts.
Our advisory team can discuss the specific incident that caused your injuries. Please call to discuss lorry accident claims and have your eligibility checked.
How Might Lorry And HGV Accidents Occur?
Lorry and HGV accidents can occur in the same ways as any other road traffic accidents. However, due to the size and loads attached to lorries, truck drivers may need to consider their larger blind spots, particularly when turning.
Examples of lorry accidents include:
- Failure to look properly such as when changing lanes, turning or pulling out from a junction.
- Tailgating. This is when a vehicle is travelling too close to the vehicle in front. If the first vehicle brakes suddenly, the lorry can crash into the back of them.
- Driving while incapacitated through fatigue, illness or drugs and alcohol. Lorry drivers travel long distances and may need to take regular breaks to avoid falling asleep at the wheel. Additionally, illness and the use of drugs, including over-the-counter medications, can interfere with safe driving.
- Mobile phone and sat-navs. It is illegal to use a handheld mobile phone while driving. However, any mobile phone or sat-nav use could cause a distraction for the driver, resulting in an accident.
- Bridge strikes, which occur when a lorry driver tries to drive under a low bridge.
- Badly loaded lorries can also cause accidents. For example, if the load is not properly secured, it can fly off the truck bed, blinding other drivers or creating obstacles.
These are just a few examples of how lorry accidents can happen. If you have any questions about lorry accident claims, or to discuss the exact incident that caused your injuries, please get in touch.
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What Compensation Is Paid For Lorry And HGV Accident Claims?
Compensation awards for lorry accident claims may include up to 2 heads of claim:
- General damages for the physical pain, mental suffering and loss of amenity. Accidents involving lorries may include a serious injury or multiple injuries, all of which can be claimed for.
- Special damages for any out-of-pocket expenses caused by the injury, such as loss of earnings and domestic support.
To help calculate how much compensation you could be awarded in general damages, those responsible for doing so may use your medical records in conjunction with the Judicial College Guidelines (JCG). The JCG provides a list of injuries in varying severities with guideline compensation.
Compensation Table
We’ve provided a table with a few examples of the figures in the JCG, except for the top row. We’ve also included 2 tariffs from the Whiplash Injury Regulations 2021. Please only use this table as a guide.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Injuries and Special Damages | Very Severe | Settlements can include compensation for more than one severe injury and related expenses, including lost wages and nursing care. | Up to £1,000,000 or more |
| Brain and Head Injury | Very Severe | Although there may be some ability to follow basic commands and return of sleep/waking cycles, there is little evidence of meaningful environmental responses, language function and the claimant requires nursing care on a full time basis. | £344,150 to £493,000 |
| Paralysis | Paraplegia | Awards consider pain, degree of independence, depression, age and life expectancy and the impact on sexual function. | £267,340 to £346,890 |
| Neck | Severe (i) | A neck injury with incomplete paraplegia or the injured party has little or no movement in the neck and severe headaches despite wearing a collar 24 hours a day over a period of years. | In the region of £181,020 |
| Pelvis and Hip | Severe (i) | Extensive pelvis fractures involving a ruptured bladder or a hip injury causing spondylolisthesis of a low back joint with intolerable pain. | £95,680 to £159,770 |
| Arm Amputations | Loss of One Arm (iii) | Below-elbow amputation. | £117,360 to £133,810 |
| Severe Leg (ii) | Very Serious | Injuries in this bracket cause permanent mobility problems. | £66,920 to £109,290 |
| Skeletal Injuries | Multiple Fractures of Facial Bones | These injuries cause some permanent facial deformity. | £18,180 to £29,220 |
| Whiplash Tariff | Lasting 18-24 months | Whiplash symptoms with minor psychological damage. | £4,345 |
| Whiplash Tariff | Lasing 18-24 months | Whiplash symptoms without a minor psychological injury. | £4,215 |
Whiplash Reform Programme
In certain cases, the lorry accident claim may be made through the Whiplash Reform Programme. Specific eligibility criteria apply:
- The accident must have occurred on the roads in England or Wales.
- You were the driver or passenger in a motor vehicle.
- You were aged 18 or older at the time of the accident.
- The injuries you suffered are not valued any higher than £5,000.
In addition to this, whiplash injuries will be valued in line with the tariffs found in the Whiplash Injury Regulations. These tariffs apply whether you are claiming through the Reforms or in the traditional manner.
To discuss how compensation could be valued for lorry accident claims or for a free estimate of how much you could claim, speak to a member of the advisory team.
How To Prove That Negligence Caused An Accident With A Lorry
To prove negligence occurred (breach of duty, plus injury), you will need to submit evidence. For lorry accident claims, this can include:
- Insurance and registration information from the at-fault driver.
- Police report.
- Contact information from anyone who saw what happened and will be able to provide a witness statement later on.
- Medical records that show the extent of your injuries.
- Dashcam footage.
- Photographs of your injuries, the accident scene or damage to your vehicle.
- Documentation to prove special damages, such as receipts, invoices and payslips.
This is not a fully comprehensive list. For more information about what evidence you could submit or to discuss what items you already have to prove your claim, speak to a member of our advisory team about road traffic accident claims now.
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We pride ourselves on providing the best service possible for our clients.
What Is The HGV And Lorry Accident Claim Time Limit?
You generally have 3 years from the date of the lorry accident to start your personal injury claim. This is set out in the Limitation Act 1980. However, certain types of claimants are unable to claim themselves. These include:
- Minors under the age of 18.
- Those without the mental capacity to manage a claim.
In either of these cases, a litigation friend can be appointed to manage the claim on behalf of the injured party.
For more information, view our page on the limitation period, or speak with an advisor about the time limits for lorry accident claims.
No Win No Fee Lorry Accident Claims With JF Law
One of the numerous benefits of working with JF Law on your lorry accident claim is that our solicitors provide their services on a No Win No Fee basis. This service is offered through a Conditional Fee Agreement (CFA). This means that:
- They won’t take solicitors’ fees as the claim moves forward.
- You won’t pay for your solicitor’s work if your claim is not successful.
- If your claim is successful, your solicitor will take a success fee from your compensation. The percentage is subject to a legal cap that ensures you keep the majority of your compensation.
So, if you would like the support of a solicitor who can help you with:
- Presenting as strong a claim as possible.
- Ensuring that all of your damages are accurately accounted for.
- Filing all paperwork connected to the case.
- Ensuring that you have any rehabilitative support that you may need.
- Negotiating with the defendant.
- Free legal advice and an explanation of any complex legal terms.
- A medical assessment, arranged at a time and place that is suitable for you, to ensure that all of your injuries are considered while valuing your claim.
Get in touch with JF Law. If you’re eligible for the support of one of our No Win No Fee solicitors, they can provide all this help and more.
Contact Our Solicitors
The first step in starting your lorry accident claim is to get in touch with our advisory team. A friendly and knowledgeable advisor will assess your claim. As part of this free consultation, they will estimate your compensation, advise on what evidence you will need to claim special damages and advise on what proof you can start gathering to support your claim. If you wish to proceed with JF Law’s services and you satisfy the eligibility requirements, you could be connected to one of our solicitors. To speak to an advisor about lorry accident claims:
- Fill out our contact us form and an advisor will call you back at a time that suits you.
- Call 0151 375 9916 at any time, day or night.
Learn More
Here are 3 more guides from JF Law that you might find useful:
- Details about claiming compensation for a rear-end collision.
- What to do if you are involved in an accident with an uninsured driver.
- Guidance on making a passenger injury claim.
Some additional outside resources:
- Advice on collisions and incidents from the Police.
- NHS advice about when to call 999.
- Safety advice for all road users from Think!
Thank you for reading our guide about lorry accident claims. Please speak to one of our advisors if you have any further questions.
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