HGV Accident Compensation Claim

Automobile manufacturers design HGVs to haul and transport massive amounts of weight (up to a max of 44 tonnes) in goods.

On occasion, HGV companies have been guilty of overloading a vehicle or not securing their haulage properly. As a result, this poses the risk of cargo falling out and hitting other motorists.

Vehicles faced with this happening in front of them will likely swerve or sharply brake to avoid being caught up in the incident and, as such, these type of road traffic accidents can lead to crashes of multiple vehicles.

Whether it is a head-on collision or side-impact, road accidents can be very dangerous, especially when an HGV is involved.

Even if the HGV was travelling at a relatively low speed, passengers in the smaller car could still suffer significant injuries, such as trauma to the head & chest area, fractured limbs, or severe neck and spinal cord injuries.

Many road users may have experienced this, especially when travelling along the UK’s busy motorway network.

HGVs take quite some time to come to a complete stop after braking, given that these are relatively large and heavy vehicles. Therefore, a lorry driver should always maintain a safe distance from the car ahead.

Failing to do so puts the truck at a higher risk of ramming into the back of other vehicles, especially in traffic jam situations or the sudden braking of the car ahead. The impact of a rear-end collision sends the body into a whiplash motion that could result in some degree of long-term damage to the neck and spine.

The driver of a heavy goods vehicle can be responsible for an accident, if they were driving dangerously or recklessly, or knowingly ignoring the safety standards that govern HGV driver operations.

There are a number of scenarios in which that can happen. Taking alcohol, illegal drugs or drowse-inducing medication before getting on the road, driving above the speed limit, or making an illegal turn, are just a few examples of traffic offences that HGV drivers may be found guilty of committing.

Several regulations govern the HGV industry.

For one, individuals have to undergo extensive and specialised driver training to acquire a driving license valid for heavy goods vehicles.

What’s more, an HGV driver is only usually allowed to drive up to a maximum of 9-hours in a day (with only a small number of exceptions) and take 45-minute breaks after every 4 ½ hours of driving. A vehicle also has to meet safety requirements and be in good working condition before being allowed on the road.

The responsibility for ensuring all this falls on the trucking company. Some companies fail in this duty by deploying drivers who are not well trained for the job, or forcing employees to work long shifts without adequate breaks, or putting a vehicle with known mechanical issues on the road.

In such cases, negligence would fall squarely on the HGV company should an accident occur.

Another duty of a trucking company is to ensure that the vehicle receives proper maintenance, through regular servicing of the lorries.

Whilst the company may hold up their end of the deal, the mechanic may fail in their duty by performing a less-than-acceptable repair or maintenance job. Should their neglience and poor workmanship lead to a mechanical breakdown or accident whilst the truck is on the road, the mechanic is likely to be held personally liable.

Sometimes, a truck can have a serious design or mechanical flaw that leads to an accident. In such cases, the manufacturer, designer, or supplier of parts is likely to be held accountable. A manufacturer flaw could be something like a defective break-line or tyres that blowout with minimal use.

Someone has to corroborate your version of events stated in the claim. So, the more witnesses you can get (including photographic evidence of the accident and video footage from nearby CCTV or dashcam cameras), the better.

The police are a reliable source to get the evidence you will need. Police officers are usually called to the scene of an accident to document the case, especially those involving lorries (i.e. collecting physical and photo/video evidence, as well as getting witness accounts from other drivers or pedestrians who saw the accident happen, while the event is still fresh in their minds).

Evidence to support an HGV claim takes time to acquire, because it can often require quite a bit of investigation. It can include things like the lack of a valid driving license, a truck that has mechanical problems, proving driver error, and so on.

It is essential to compile detailed medical reports, including any x-rays, medical charts, treatments, the prognosis etc. Photos of your injuries and the treatment needed is also helpful.

Additionally, keep all receipts of prescribed medicine, doctor consultations, and taxi/transport costs when heading to the hospital to enable you to get the full amount of compensation due.

‘General damages’ aims to compensate for the harm suffered, such as the physical pain, the impact of the injuries on your quality of life, and any mental anguish or anxiety experienced due to the accident. General damages are awarded depending on the severity of the injury.

Minor injuries, such as a soft tissue injury or a hairline fracture, may result in anywhere from a few hundred pounds up to several thousand in compensation.

On the other hand, severe injuries like a neck & spinal injury, brain damage, or a permanent disability would get much higher settlement amounts and they could be worth tens to hundreds of thousands in compensation.

Given that the severity of an injury can differ so much and each accident is considered on it’s own unique merits, we cannot easily give an exact settlement figure. Nevertheless, if you have suffered an injury due to someone else’s negligence, you are entitled to make a claim.

‘Special damages’ is awarded to reimburse specified financial losses, such as loss of income from work and the cost of adjusting to lifestyle changes after the injury.

It can include every medically related cost you have incurred, such as the money spent on prescription medication, walking aids, clinic costs, etc.

Special damages can also include travel expenses for trips to and from the hospital, and even include airfare for treatment sought overseas. It is important to keep all receipts and invoices to prove the out-of-pocket expenses you have paid.