HGV Lorry Accident Claims

When can I make a HGV or lorry accident claim?

You can make a HGV or lorry accident claim if you are injured in an accident involving a HGV or lorry and it was the fault of another person – or even partly their fault. The other person could be the driver of a HGV or another road user.

To make a HGV or lorry accident claim you have to prove:

• You were owed a duty of care by another road user.
• The other road user failed in that duty of care.
• You suffered an injury as a result of that failure.

Our legal team will help to prove these points as part of your claim.

You could make a HGV accident claim as a HGV driver, the driver of another car, a passenger, a pedestrian, a cyclist or a motorcyclist. In the majority of cases a HGV accident claim has to be made within three years of the accident happening.

Can I make a no win no fee HGV accident compensation claim?

Yes, you can make a no win no fee HGV accident compensation claim if you come to Beacon Law with your case. This means the following:

• You pay nothing up-front.
• You pay nothing as we gather evidence, liaise with the other party and negotiate a settlement.
• You only pay us if we win compensation for you.
• The amount we take as a success fee is never more than 25% of the total compensation.

With a no win no fee HGV accident claim there’s no risk of being out of pocket. If you lose your claim then the costs of the other party will be covered by insurance we take out for you.

The only circumstances in which we would charge for a HGV accident claim are if a client misleads us, exaggerates, or is dishonest.

How much compensation could I get for a HGV accident claim?

The amount of compensation you get for a HGV accident claim could range from around two thousand pounds for a minor injury to hundreds of thousands for a life-changing injury.
The compensation paid for a HGV or lorry accident claim will depend on the following:

• The nature and severity of your injury.
• The pain and distress it has caused and will cause in the future.
• Any psychological impact, such as anxiety, depression or post-traumatic stress disorder (PTSD).
• The treatment needed for your injury.
• The prognosis for any recovery.
• The ways in which your injury stops you doing things like enjoying a social life or hobbies and interests.
• The financial impact of your injury.

The compensation for a HGV or lorry accident claim will be made up of general damages and special damages.

What are general damages in a HGV or lorry accident compensation claim?

General damages in a HGV or lorry accident compensation claim are intended to reflect your pain, suffering and loss of amenity. The final figure will be reached using a specialist legal publication called the Judicial College Guidelines (JCG).

The JCG provides suggested payment ranges for specific types of injury. Examples of payments listed in the current edition include:

• Severe back injury with spinal cord damage – £85,470 to £151,070
• Moderately severe brain injury – £186,890 to £240,590
• Minor permanent damage to vision in one or both eyes – £7,780 to £17,900

With a full understanding of your injuries the expert solicitors at Beacon Law will be able to estimate the general damages you could be entitled to.

What are special damages in a HGV accident compensation claim?

Special damages in a HGV accident compensation claim are an amount intended to compensate for the financial impact of your injuries. They should ensure that you are not financially worse off as a result of your HGV or lorry accident.

Special damages will include the following:

• An amount to cover any earnings lost now and in the future as a result of your injuries.
• An amount to cover the cost of medical treatment for your injuries, now and in the future.
• An amount to cover the cost of any care you need to buy in because of your injuries, now and in the future.
• An amount to reflect any time your friends and family have to spend caring for you.
• An amount to cover the cost of any adaptations you need to make to your home or vehicle in order to accommodate your injuries.
• An amount to cover the cost of any specialised equipment you need to purchase to live independently with your injuries.
• An amount to cover the cost of any therapy or counselling needed to cope with the psychological impact of your injuries.

Is there a time limit on making a HGV accident compensation claim?

As with all personal injury claims there is a time limit of three years placed on starting a HGV accident compensation claim. The three years dates from the accident itself, and is stipulated in the Limitation Act 1980.

After the three years have passed you will no longer be entitled to start a compensation claim, apart from a few specific situations.

Are there any exceptions to the three year limit on HGV accident compensation claims?

Yes, there are a few exceptions to the three year limit:

• If the injured person is under eighteen at the time of the accident then the three years is counted from their 18th birthday. Another option is for a parent or legal guardian to claim on their behalf before their 18th birthday.
• If the injured person lacks the mental capacity to start a claim then the three years is counted from the date at which they regain capacity. If this doesn’t happen then a trusted family member can claim on their behalf.
• If a person is sadly killed in a HGV accident then the three year limit starts from the date of death and not the date of the accident. A compensation claim can be made by a dependent such as a spouse.

Although the three year limit is in place, the road traffic accident solicitors at Beacon Law recommend starting your HGV accident compensation claim as soon as possible after the accident. The events will still be fresh in your memory, and it will be easier to collect other evidence.

What is the HGV accident claims process?

The HGV accident claims process can be broken down into a series of individual steps. The personal injury solicitors at Beacon Law will guide you through these steps after we determine that your injuries have been caused by negligence.

We will take a detailed statement from you explaining how the accident happened, how you were injured, and the impact your injuries have had. We will also arrange an independent medical examination.

The examination will result in a report setting out the nature and extent of your injuries, whether further treatment will be needed, and the prognosis for any recovery.

We will contact the other party in your case and tell them that you intend to seek compensation. In most cases this will mean negotiating with the other party’s insurers.
We will negotiate on your behalf, setting out the case for compensation. In the majority of cases liability is established at this stage in the process.

Once liability has been established we will negotiate for the fairest possible compensation payment. Our personal injury solicitors will know exactly what you should be entitled to, and will settle for nothing less.

If liability is denied, the claim may have to be settled in court. This only happens rarely, and if it does we will be by your side offering support and representation throughout.

What evidence do I need to support my HGV accident compensation claim?

The evidence you could use to support your HGV accident claim will include the following:

• Police accident reports.
• Photographs of the scene.
• Witness statements.
• Any CCTV or dashcam footage.
• Your medical records.
• Bills and receipts for any expenses.

Don’t worry if you don’t have all of this information, our specialist road accident claims solicitors will help to collect and organise any useful evidence.

How long will my HGV accident compensation claim take?

If your compensation claim is relatively simple with minor injuries and clear liability it could be settled in around twelve months. More complex claims featuring serious injuries, future medical requirements or disputed liability could take more than two years.

Our solicitors at Beacon Law will keep you informed of the likely timescale of your compensation claim throughout the process.

Can I make a HGV accident compensation claim if I’m hit by something falling off a lorry?

Yes, you may be able to make a HGV accident compensation claim if goods on the back of a lorry aren’t properly secured and fall off. You could claim for injuries caused by being hit by falling goods, or following a crash caused by goods in the road.

You may be able to make a compensation claim for any accident involving a HGV or lorry if it happens because another party is negligent. If you’ve been involved in a HGV accident then contact our specialist no win no fee solicitors.

If we think your HGV accident happened because someone else was negligent we’ll help you to claim compensation. If your claim is successful you could be compensated for your pain and distress, the way your life has been affected by your injury, and any financial impact.

Who is responsible for a HGV accident in the workplace?

If you are involved in a HGV accident in the workplace the responsible party is likely to be an employer, a driver or a third party contractor.

Can I make a HGV accident compensation claim against my employer?

If you’re employed as a HGV driver then your employer has a legal duty of care to you. If they fail to meet this duty of care and you are injured as a result you may be able to make a HGV accident compensation claim.

The laws around safety in the workplace are set out in the Health and Safety at Work Act 1974. According to this legislation all UK employers have to do the following:

• Provide a safe working environment.
• Carry out regular risk assessments.
• Make sure that all vehicles and other equipment are inspected and maintained in line with manufacturer’s advice.
• Supply personal protective equipment (PPE) that is fit for purpose.
• Offer adequate training and supervision for all employees.
• Identify and deal with any potential hazards.

Why should I choose Beacon Law for my HGV accident compensation claim?

You should choose Beacon Law for your HGV accident compensation claim because we handle every type of personal injury claim. Whether you’re claiming as a driver, a pedestrian or an employee we’ll know how to prove negligence.

We have more than 200 years’ worth of combined legal experience. We use that experience to settle the majority of HGV accident claims without having to go to court.

We know how stressful it can be to suffer injuries caused through no fault of your own. As well as fighting for your compensation we’ll help when it comes to getting treatment and accessing additional support structures.

We do all of this on a no win no fee basis. This means you can claim the compensation you deserve without having to worry about costs and fees.

If you’ve been injured in any kind of HGV or lorry accident that wasn’t your fault then contact the expert personal injury solicitors at Beacon Law.

If you’re entitled to compensation, we’ll work with you to make it happen.