Winston Solicitors: accident compensation claims

The information provided on this website is not legal or medical advice which should only be obtained personally from a qualified lawyer or doctor.

LORRY ACCIDENT CLAIMS

3000 HGV drivers and their passengers and 7000 LGV drivers and their passengers are injured on the roads each year according to UK Government Statistics. Whilst lorry accident claims are much less common than incidents involving a car, where annually there are around 200,000 people injured, the percentage of people dying in such road traffic accidents is considerably higher. This is inevitably due to the enormity of the collision when an HGV collides with another one. Vehicles jacknife, and people get thrown out of cabs a considerable distance.

Due to the large scale of these incidents, and the values involved these types of claim are very often contested. HGV are very expensive and their cargos are often valuable and the injuries to the people involved in these accidents are frequently significant. If an insurance company thinks it can deny liability or reduce its liability by even say just 10% it will be worth its while to contest the claim through the Courts. Whilst in small claims worth a few thousand pounds insurers take a very pragmatic approach, in a claim which might cost them a million pounds they will argue every point. It is therefore vital to obtain specialist legal representation at the start.

Evidence in HGV Claims

Tachograph
HGV are fitted with tachograph which is a machine that records speed, distance travelled and stopping periods of the vehicle. It is also used to control the driver's legal hours of work. During an investigation into a multiple vehicle collision, where at least one of the vehicles is an HGV, the accident investigator considers the tachograph evidence. Whilst there may be many eyewitnesses to the incident, eyewitnesses are “human” and are prone to perceive accidents in different ways. One witness might say the HGV was travelling at excessive speed, whereas another witness may say that the HGV was not. The tachograph, so long as it has been correctly calibrated, will show a very precise record of speed, and will show how quickly a vehicle has slowed down, and even if there has been a collision between two vehicles. Whilst tachograph evidence is not infallible and can be the subject of expert disagreement at Court, it is usually considered to be the starting point for considering who is at fault.

Reconstructing the Accident
In lorry accident claims where liability is disputed, or where there are allegations of contributory negligence, it is often necessary to obtain an accident reconstruction report. This type of report seeking to reconstruct an accident to show what was likely to have happened. They will take into account, eyewitness accounts, who was considered to be speeding, or moved lanes rapidly or without indicating, which vehicles actually collided, what skid marks were seen on the road, where did the vehicles end up and of course what does the tachograph evidence suggest. With all these different pieces of evidence an accident reconstruction report pieces to together what has happened.

Every type of motor claim brings its own specific issues. HGV claims often cause the driver of the vehicle to lose their livelihood, as their physical injuries may prevent them from driving long distances, or they are too mentally upset by the accident to drive an HGV. In either of these circumstances it is vital that the claimant gets professional help as soon as possible to rehabilitate and retrain. Whilst a claimant may say they can never work again, a Court is likely to take the view that, with appropriate retraining, a more sedentary job could be taken. Where there is a claim for loss of earnings over a long period of time, it is very important to show that the claimant has retrained and that the earnings in the new job is all they can reasonably expect. It is much easier for an insurance company to claim that someone can work and should therefore earn 90% of their previous income if no attempts have been made to obtain such work, than where the claimant is already working at a lower paid job than before.

Winston Solicitors are personal injury claims lawyers who will make sure that you receive 100% of your compensation. Win or lose there is no charge. If we represent you there are no middlemen, no loans and no other costs for you to pay. Your claim is completely risk free.

We deal with compensation claims throughout England and Wales and are able to arrange home or hospital visits from our national network. If you would like to talk to a solicitor without obligation just complete the online contact form and we will phone with free advice on how best to pursue your claim and how to protect your legal rights to compensation.

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