Archive for the 'Fatal accidents' Category

The Motor Insurers’ Bureau (”MIB”) was established in 1946 as an organisation to deal with road accident compensation claims by innocent victims who have suffered personal injury or damage to their property because of a negligent uninsured or untraced driver.

Every insurance company underwriting compulsory road accident claim motor insurance is obliged to be a member of the MIB and to contribute to its funding.  One out of every 20 drivers is uninsured!

The MIB must pay compensation where the negligent driver is found to be responsible for personal injury or damage to property arising from a road accident.  The MIB stands in place of the guilty party’s insurers and investigates issues of liability and valuation in the same way as in any other road accident compensation claim.

If you have accidents on holiday (either in the UK or abroad) and want to pursue personal injury claims, as long as the “holiday package” was booked through a tour operator in the UK and what you were doing at the time of the accident was part of that package, then you may be able to make an injury compensation claim against the tour operator for your injuries and any related financial losses.  In this situation the personal injury compensation claim would fall under the jurisdiction of the Courts of England and Wales and can therefore be handled by any UK solicitors experienced in personal injury claims

Under the Package Travel, Package Holidays and Package Tours Regulations 1992 a tour operator can be held responsible for all of the services provided as part of a package holiday.  This can include:-

Hinchliffes Solicitors, a leading firm of personal injury compensation claims solicitors, issue a warning to everyone involved with Fork Lift Trucks (”FLTs”) highlighting the dangers associated with this type of equipment, particularly during the month of September.

According to statistics gathered by the Fork Lift Truck Association, September is the “deadliest” month of the year for accidents involving FLTs.  Accidents frequently occur when FLT drivers or pedestrians in warehouses are distracted, or simply assume that they have been seen by the other party.  Most of these accidents are entirely avoidable.  In respect of those that happen because of the failure of an employer to have a safe system of work in place, or because of the negligence of a colleague, the injured person may well have a strong claim for personal injury compensation against the employer (who will also be responsible for the actions of their workforce).

Roads present a dangerous challenge, especially when you have to cope with icy roads, bad weather and increased congestion caused by seasonal holiday traffic, not to mention the reckless behaviour of drivers who may have been drinking alcohol or distracted by a phone call.  One lapse in concentration and you could become involved in a road accident claim.

10,000 road accidents occur every day, which result in 300,000 injuries, and many of these incidents ending up with road accident claims being made against the negligent driver.  Factors leading to accidents include vehicle failure and the poor condition of the roads themselves, but 90% of accidents are as a result of human error.

To pursue an accident compensation claim following an accident at work you must prove that your injuries were caused by the negligence of another party.  This will usually be your employer, but might include workers from other companies.  Employers have a duty to ensure the safety of all the people on their premises, whether they employ them or not, and if they fail to do so then personal injury compensation could be awarded for successful accident claims.

Work accident claims are often made for injuries suffered because the work equipment provided by an employer was faulty, poorly maintained, defective or even dangerous.

Published in Truckstop News July 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “ACCIDENTS ON HOLIDAY - HOME AND AWAY”.

If you were on holiday either in the UK or abroad and had an accident, as long as the “holiday package” was booked through a tour operator in the UK and what you were doing at the time of the accident was part of that package, then you may be able to claim compensation against the tour operator for your injuries and any related financial losses.

Some basic elements need to exist for a successful accident compensation claim to be made.  The most common types of accident claims are a road accident claim or an accident at work claim.

To succeed in an accident compensation claim, the accident must have happened because someone was at fault and the victim suffered an injury.  The other party must have been aware that their actions (or lack of action) could cause injury, and which is commonly the situation when they are either another road user or an employer.

Published in Truckstop News June 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “INJURIES COMMONLY SUFFERED BY TRUCKERS IN WORK ACCIDENTS”.

This article considers the types of injuries commonly suffered by truckers every day, while at work.  Highlighting particular accident situations and their consequences may help to increase awareness of the dangers they face.

An accident can happen at any time while at work.  This may be on the road driving from one depot to another, during the loading or unloading process, or even when simply walking around a company’s premises waiting for instructions or for a vehicle to be made ready. 

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

Published in Truckstop News - May 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “TRAILERS - HAZARDS THAT CAN RESULT IN ACCIDENTS”.

My many years’ experience of injury compensation claims made by truckers suggests that more problems arise when delivering or collecting a load than on the roads.  It is therefore not surprising that regulations place responsibilities on both employers and employees to help reduce the risk of injury.

Employers’ basic duties in this regard include:-

•  undertaking risk assessments and planning the loading and unloading of vehicles so as to avoid or minimise the need to work at height;
•  ensuring there are well designed access points to vehicles and trailers;
•  fitting additional safety equipment if necessary, eg access ladders or non-slip surfaces;
•  providing protective equipment, eg slip resistant footwear;
•  ensuring work equipment is well maintained;
•  recognising problems with particular vehicles and responding to suggestions, eg for preventing falls from those vehicles;
•  ensuring supervisors check how people get on and off vehicles, and enforce safe systems of work.