The nature of Lorry drivers’ work, involving long hours on the road, often under challenging conditions, exposes them to a higher risk of accidents. When accidents occur, the impact can be significant—not just physically but emotionally and financially as well. Victims may face a long road to recovery, dealing with injuries that can be life-changing, alongside the stress of potential income loss and medical expenses.
It’s not just the physical recovery that’s daunting; navigating the legal process for compensation claims can seem like an insurmountable challenge. This is where understanding your rights and the steps to take becomes crucial.
If you have been involved in a lorry accident that was not your fault, you may be entitled to make a compensation claim. This guide aims to provide a comprehensive overview of the lorry accident compensation claim process, including eligibility criteria, examples of common accidents and injuries, and tips for strengthening your claim.
Eligibility Criteria for Lorry Accident Compensation Claims
To make a successful lorry accident compensation claim, certain criteria must be met. Understanding these eligibility requirements is the first step in determining whether you can pursue a claim.
- Fault: The accident must have been caused, at least in part, by someone else’s negligence or a breach of their legal duty. This could be another road user, your employer, or even a vehicle manufacturer.
- Injury or Loss: You must have suffered an injury or a financial loss as a result of the accident. This includes physical injuries, psychological trauma, medical expenses, loss of earnings, and damage to personal property.
- Time Limit: Claims must generally be made within three years of the date of the accident. There are exceptions, however, such as if you only became aware of your injury later on, in which case the three-year period may start from the date of discovery.
- Employment Status: Both employed and self-employed drivers can make a claim, provided the accident occurred in the course of their work-related duties.
- Vehicle Condition: If the accident was caused due to a vehicle defect, you might still be eligible to claim, especially if the defect was unknown to you and should have been addressed by your employer or the vehicle’s owner.
Meeting these criteria does not guarantee compensation, but it does establish a foundation upon which a claim can be built. The next steps involve gathering evidence, seeking legal advice, and initiating the claims process, all aimed at proving negligence and securing the compensation you deserve for your injuries and losses.
It is important to note that even if you were partially at fault for the accident, you may still be able to make a claim. However, the amount of compensation you receive may be reduced to reflect your level of responsibility.
Real-life claim eligibility examples
Accident Details:
I drive an articulated HGV for a big company. In November I hit a boulder whilst turning a corner and cracked the driver step. In January the step broke whilst I was getting in to the cab, causing me to knock/bang my knee with force. I have been off ever since and I’ve had to have knee cartilage surgery. I will be still off work for another couple of months. The accident was also recorded on cctv which are located inside cab do you think I could claim for injury and loss of earnings?
Tommy, Lorry Driver
Claim Eligibility:
You can certainly make a claim for compensation for your injury and loss of income as a result of the broken step on your cab. You describe a clear breach of employer responsibility to minimise the risk of injuries in the workplace. If you were to succeed, you would be entitled to compensation for the injury and importantly, able to recover your loss of income since the accident and until you return to work.
Ian Morris, Senior Claims Advisor
Accident Details:
I was hit by a HGV at the rear on the M6 motorway, this sent me into a uncontrollable spin and ended up crashed into the barrier facing the wrong way, my vehicle a total right off……the HGV didn’t stop. Police were involved and put it down to blindside, the third party are now disputing liability in full! The incident was caught on dashcam from a vehicle travelling behind, it clearly shows the HGV moving into my lane, brake suddenly and move back to the lane where he came from. How can this be disputed?
Clair, Car Driver
Claim Eligibility:
Whilst it is clearly frustrating and worrying that liability is being disputed by the 3rd party, it doesn’t necessarily follow that their denial will be the end of it. If you have a Solicitor acting for you they will use whatever supporting evidence you have to build a robust rebuttal of any denial or defence raised by the 3rd party. The dash cam footage that you mention is likely to be key to helping to decide whether the accident can be attributed to the negligence of the HGV driver or not.
Ian Morris, Senior Claims Advisor
Accident Details:
I have recently joined a haulage company as a hgv driver. 3 weeks into my job the lorry door burst open and hit me in the abdominal area! As a result I was rushed to hospital and treated for a suspected bruised pancreas. I was off work for 2 weeks and in and out of hospital for 8 days. Am I eligible for any claim without a long term injury? And also with same company after returning to work my lorry went on fire and burst into flames as I was driving down the road, and although thankfully I managed to escape I lost a lot of possessions, am I able to claim for these things?
Steffan, HGV Driver
Claim Eligibility:
Whether you have worked for an employer for 10 minutes or 10 years, your rights to pursue a claim for compensation if negligence can be identified remain the same. With regards to the pancreas injury you sustained, that is sufficiently serious to warrant a claim.
With the other issue and lost possessions, you can claim for replacement/repair value of the items – but that will need to be done with the insurance claim for the damage or loss of the vehicle, so speak to your employers regarding that.Ian Morris, Senior Claims Advisor
What Can Injured Drivers and Passengers Claim For?
If you have been injured in a lorry accident, whether as the lorry driver, another road user or passenger, you may be able to claim for the following:
- General damages: These are awarded for pain, suffering, and loss of amenity. The amount of general damages you receive will depend on the severity of your injuries and the impact they have had on your life.
- Special damages: These are awarded for financial losses and expenses incurred as a result of the accident. This may include medical expenses, lost earnings, and travel expenses.
- Future losses and expenses: If your injuries are likely to have a long-term impact on your life, you may be able to claim for future losses and expenses. This may include ongoing medical treatment, loss of earning capacity, and adaptations to your home.
Claiming for Psychological Trauma
You can also claim psychological damages as part of your personal injury compensation. Therefore, it is vital that any person suffering with psychological trauma after the accident sees their GP and asks for a referral to a specialist. It is then possible to maximise the value of any settlement awarded to you as the 3rd party will not be able to dispute the medical evidence that supports your claim.
Compensation Amounts
The amount of compensation you may receive can vary based on factors such as the severity of your injuries, impact on your quality of life, and financial losses incurred. Once initial evidence has been collected you will be advised as to the likely level of compensation to expect.
Interim Payments and Financial Support During the Claims Process
Financial pressures can mount quickly after an accident that leaves you unable to earn your normal wage. Interim payments may be an option to alleviate immediate financial strain. These are partial payments made before the final settlement is agreed upon and can help cover:
- Ongoing medical treatment
- Living expenses
- Rehabilitation costs
Specialist Rehabilitation Therapies
Once your lorry accident compensation claim is active and your specialist Direct2Compensation solicitor has been able to obtain an admission of liability, your claim will succeed. It is at this point, that your solicitor can look to obtain specialist rehabilitation therapy if it is deemed relevant to your injuries.
Any such treatments will be provided at the expense of the third party dealing with your claim and the cost will form part of the value of the total settlement. Further information on this will be available from your solicitor once your claim has been active for a sufficient amount of time.
Understanding the types of accidents and injuries that commonly lead to compensation claims can help drivers recognise when they might have a valid claim. Here are some examples:
- Rear-end Collisions: Often occur in heavy traffic or due to sudden stops, leading to whiplash or more severe injuries.
- Jackknifing: Caused by sudden braking or turning, leading to loss of vehicle control. This can result in multi-vehicle accidents and severe injuries.
- Overturning: High winds or improper loading can cause lorries to tip over, posing significant risks to the driver and other road users.
- Collisions at Junctions: Misjudged turns or failures to yield can lead to collisions, often involving the side of the lorry.
- Loss of Load: Improperly secured loads can fall off, causing road hazards that lead to accidents.
- Defects: Accidents caused by vehicle defects, such as faulty brakes or tires.
HGV operators and drivers that fail to ensure safety, compliance with relevant vehicle maintenance, adequate driver training and strict adherence to safety regulations are likely to be held liable should any accidents involving their vehicles lead to injuries.
Lorry drivers and other road users involved in an accident are at risk of a range of injuries, including:
- Whiplash and other neck injuries.
- Back and spinal cord injuries.
- Head injuries, including concussions and traumatic brain injuries.
- Broken bones and fractures.
- Cuts and lacerations.
No Win No Fee Agreements and Their Benefits
Legal fees can be a significant concern for many claimants. However, ‘no win, no fee’ agreements offer a solution. These arrangements mean:
- You pay no upfront legal fees.
- Your solicitor gets paid only if the claim is successful.
- If the claim fails, you won’t be liable for your solicitor’s fees.
A no win no fee solicitor will play a crucial role in your lorry accident compensation claim. They can:
- Assess your claim and determine whether you have a valid case.
- Gather evidence and build a strong case on your behalf.
- Negotiate with the defendant’s insurance company to reach a settlement.
- Represent you in court (if necessary).
At Direct2Compensation all accident claims are made on a No Win No Fee basis, so you will never be charged if your claim does not succeed.
The process of making a lorry accident compensation claim involves several key steps. Here’s a step-by-step guide:
- Immediate Actions Post-Accident:
- Ensure safety first, then document the scene with photos and gather witness contact details.
- Report the accident to the police if there are serious injuries or fatalities.
- Notify your employer about the accident.
- Seek Medical Attention:
- Even if injuries seem minor, it’s crucial to have a medical examination, as some injuries may not be immediately apparent.
- Consult a Personal Injury Solicitor:
- Preferably one specialising in lorry accident claims. They can advise on the strength of your case and the next steps.
- Gather Evidence:
- This includes medical records, a copy of the police report, witness statements, and any photographic evidence from the scene.
- Negotiation and Settlement:
- Most claims are settled out of court. Your solicitor will negotiate with the at-fault party’s insurance company to reach a settlement that covers your injuries and losses.
- Court Proceedings:
- If a settlement cannot be reached, your case may go to court. Your solicitor will represent you, presenting the evidence to support your claim.
- Compensation:
- If your claim is successful, you’ll receive compensation for your injuries and any financial losses incurred due to the accident.
Each step in this process plays a crucial role in building a strong compensation claim. With the right legal support and a thorough collection of evidence, you can navigate the claims process more effectively, increasing your chances of a successful outcome.
Securing compensation after a lorry accident involves more than just filing a claim; it requires a strategic approach to strengthen your case. Here are expert tips to enhance your chances of a successful claim:
- Detailed Documentation: Keep a comprehensive record of everything related to the accident and your injuries. This includes medical reports, receipts for expenses incurred (such as medical treatments and travel costs), and a diary detailing the impact of your injuries on your daily life.
- Honesty and Accuracy: Always be truthful and accurate in the information you provide to your solicitor and any medical professionals. Exaggerating or downplaying your injuries can undermine your claim.
- Use of Expert Witnesses: In some cases, the testimony of medical experts or accident reconstruction specialists can be invaluable in proving the extent of your injuries and how the accident occurred.
- Interim Payments: If you’re facing financial hardship due to your injuries, your solicitor may be able to arrange interim payments. These are advance payments that form part of your final compensation.
- Avoid Immediate Settlement Offers: Be wary of early settlement offers from insurance companies. Consult with your solicitor before accepting any offers, as they may not fully cover your needs and losses.
Following these tips can significantly impact the strength of your claim, ensuring you are adequately compensated for your injuries and losses.
Frequently Asked Questions
The length of time it takes to process a lorry accident compensation claim can vary depending on the complexity of the case. However, most claims are settled within 6 to 12 months.
Yes, you may still be able to make a claim if you were partially at fault for the accident. However, the amount of compensation you receive may be reduced to reflect your level of responsibility.
The amount of compensation you receive will depend on the severity of your injuries and the impact they have had on your life. Your solicitor will be able to provide you with an estimate of how much compensation you may be entitled to.
If the accident involved an uninsured or untraced driver, you may still be able to make a claim through the Motor Insurers’ Bureau (MIB).
Yes, you may be able to make a claim on behalf of a deceased family member who died in a lorry accident. This is known as a fatal accident claim.
Do not feel pressured to accept any settlement offers without first consulting your solicitor. They will ensure any offer made is fair and adequately covers your needs.
Let Us Help You Start Your Claim
Navigating the aftermath of a lorry accident can be a daunting experience, but understanding the path to compensation can provide a beacon of hope. Remember, the goal of a compensation claim is not just to address the immediate financial burdens but also to ensure that your long-term health and well-being are taken into account. With the right support and guidance, you can overcome the obstacles and secure the compensation you deserve for the injuries and losses you’ve suffered.
If you’ve been involved in an accident, don’t hesitate to take the first step towards your recovery and financial stability. Contact our team today for a free, no-obligation consultation. We operate on a no win no fee basis, meaning you won’t have to worry about upfront costs, and we’ll be with you every step of the way. Let us help you get the compensation you are entitled to, so you can focus on what’s most important—your recovery and peace of mind.
You can start your claim online or , and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.
