Archive for the 'Trips and slips' Category

Published in CV Driver November 2011.

In this series of articles written by solicitor Steven Hinchliffe (owner of the specialist Personal Injury firm HINCHLIFFES SOLICITORS) he highlights the types of accidents suffered by professional drivers, where his firm has been successful in securing compensation for the injured victim.

His firm has many years of experience in handling accident claims, particularly following accidents at work and while on the road – and has recovered millions of pounds in compensation. 

Published in Truckstop News November 2011.

In this issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers THE CAUSES OF ACCIDENTS INVOLVING CURTAIN SIDED TRAILERS.

In this article, Steven Hinchliffe considers the accidents suffered by drivers and others who work with curtain sided trailers, and the factors that contribute to their injuries.  This is a popular type of trailer offering transport companies great opportunities for flexibility in the carriage of goods, but there is a downside to their use as it provides a relatively flimsy structure compared to a standard, rear loading trailer constructed of hard panels.

However, if a few standard safety issues are considered by all those involved, the chances of an accident occurring could be greatly reduced.

Published in Truckstop News June 2011.

In this issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers HOW TO AVOID TAIL LIFT ACCIDENTS AND INJURIES.

The financial consequences of reported accidents involving a fall from a vehicle (not taking into account the accidents that are not reported) show that there is an annual cost to the transport industry of over £35M, and a considerable percentage of this results from falls from truck and trailer tail lifts.  Sometimes it is only the goods that fall, perhaps onto someone below, but often it is the driver who takes a tumble.  This type of accident frequently results in some form of injury and occasionally with a catastrophic outcome.

To ease the situation, over time truck and trailer manufacturers have developed tail lift guards and also increased the slip resistance of tail lift surfaces.  However, somewhat surprisingly, it is not currently a legal requirement for all tail lifts to have guard rails.  Instead there is a legal responsibility on the user of the vehicle (normally the driver’s employer) to carry out a risk assessment and reach a decision whether guard rails should be provided.  Only where the height a tail lift is required to reach exceeds 2 metres, is there an actual obligation to provide handrails or safety guards.

Published in CV Driver April 2011.

This is the fourth in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article outlines how different companies view accident claims, and the tactics used by some to encourage injured victims to deal direct with them.

Published in Truckstop News April 2011.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider how “YOUR ACCESS TO JUSTICE IS IN JEOPARDY”  

I was recently involved in a financial transaction and received very poor service from a high street bank.  As a result I incurred several thousand pounds of expenditure I had not bargained for.  I made a formal complaint and claimed my losses, but the bank refused to deal with the matter.  I therefore involved the Financial Services Ombudsman and although I do not know what the outcome will be, there is now an independent party considering the merits of my complaint, and if it is upheld they will require the bank to compensate me.

How is this relevant to someone wanting to make a claim for personal injury compensation?  Let me explain.  If you are injured in an accident and the party responsible refuses to pay compensation, you can put your case before a Judge at a trial (ie an independent party).  If they find in your favour they can assess the amount you should receive for your injuries and financial losses, and require your opponent to pay this, together with your legal costs.

Published in CVDriver February 2011.

This is the second in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article deals with some basic health and safety issues that professional drivers need to bear in mind to keep them safe.

From my many years’ experience of handling injury compensation claims made by professional drivers it appears that significant problems can arise when delivering or collecting a load, more so than on the roads.  It is therefore not surprising that regulations place responsibilities on both employers and employees with the aim of reducing the risk of accidents happening and people being injured.

Published in Truckstop News February 2011.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “WHEN A SLIP OR TRIP AT WORK CAN LEAD TO A SUCCESSFUL COMPENSATION CLAIM”  

“If you have been injured in a Slip, Trip or Fall Accident within the last 3 years that was not your fault, you may be entitled to claim Personal Injury Compensation.”  How often have you come across this statement in the press or in adverts on the TV or radio?  In reality claims following this type of accident are often difficult to succeed with, particularly when the party at fault is a local council or highway authority.  However, if the injured person was at work when the accident occurred and the party at fault is either their employer or a business related to their job, then the potential for success is greatly enhanced by virtue of Health and Safety legislation.  These provide employees with significantly more protection than ordinary members of the public.

So long as the accident happened during the course of your work and was caused by the negligence of someone related to your job, it is always worth taking advice from a personal injury specialist on the merits of your potential claim.  It does not really matter where you were when you fell, for example while in a warehouse, an office, a car park, when on the back of a trailer or standing on a ladder or platform, but what caused you to fall is an important factor.

In a personal injury compensation case decided on 19^th May 2010, Mr Swain recovered compensation in respect of his slip and fall due to mud on a construction site footway against both the main construction site contractor and the sub contractor who had day to day responsibility for maintaining the site.

The trial judge held that the subcontractor with responsibility for groundwork on the building site was liable for the personal injuries suffered by Mr Swain due to the failure to implement an effective system to ensure that a footway was kept clear of mud.

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

Published in Truckstop News June 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider more “READERS’ SUCCESSFUL TRIPPING ACCIDENT CLAIMS“

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned in these articles are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of the names referred to.

In this article I highlight 2 cases where drivers were injured because of dangerous premises.  As with previous articles, the common trend remains the effect on each individual’s life.  Both men had similar accidents, but sustained quite different degrees of injury and financial loss.  Although using the process of law to make personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  As previously indicated, the basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.