Archive for the 'Trips and slips' Category

Published in Truckstop News March 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider more “READERS’ SUCCESSFUL 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 work accident claims involving a fall from a vehicle, but with quite different consequences.  As with the other articles in this series, the common trend remains the effect on each individual’s life.  Both of my clients sustained significant injuries and suffered financial losses as a result, but only one was likely to return to his pre-accident state of fitness.  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.

The phrase “falling off the back of a lorry” conjures up images of cartoon frolics or shady dealings, but anyone who has suffered this type of accident takes the matter very seriously indeed.  These accidents can be caused by a defect with the lorry or trailer; when getting on or off the vehicle, or by problems with the load.  Any failure by the employer to provide a safe system of work that leads to an employee suffering an injury can result in that employee making a successful accident compensation claim.

A trailer (whether open, curtain sided, enclosed or refrigerated) might be slippery with water, ice or snow, and on occasion oil or grease.  Whatever the substance, this creates the risk of slipping and the possibility of an accident at work claim arising.  Older trailers may have worn uneven surfaces, with gaps or holes in the floor creating tripping hazards.  Some flatbed trailers have holes so containers can be attached, but when there is no container these holes are not always covered and this creates a potential danger.  There should be a safe means of storing items such as loose straps, ropes or cables; otherwise they can cause tripping accidents.  Trailers that have curtains or fixed doors should have a means of securing these, to prevent movement in the wind.  Whatever the cause of the slip or trip, you could fall against the load, onto the trailer’s surface or even worse to the ground below and suffer serious injuries.

Published in Truckstop News August 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider some “READERS’ SUCCESSFUL ACCIDENT CLAIMS”.

Over the next few months Steven Hinchliffe will look at a number of different accident situations experienced by readers of Truckstop News leading to an award of compensation.

All of the accident victims mentioned in this series of 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, 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 names referred to.

In each article I will highlight several different types of accident, but the common trend that will emerge is the effect on each individual’s life.  They all suffered injury (with varying degrees of seriousness) and many lost income as a result, along with other financial losses.  Although using the process of law 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.  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.

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.

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.
  

Shopper Jeanette Plummer has received almost £30,000 in a personal injury compensation claim following an accident in a Marks & Spencer store in Bath when she slipped on 2 grapes and broke her shoulder.  The slipping accident resulted in her needing surgery for a shoulder joint replacement.

A spokeswoman for Marks & Spencer said “The safety of our customers is a priority for M&S and we are pleased the matter has now been resolved.”

Similar accidents to this one happen in stores near to displays of fresh flowers, where water can drip onto tiled flooring creating a slipping hazard.  Where this is a potential problem there should be matting by the displays to soak up any spillages.  However, if the store does not provide matting and an accident happens, they may find it difficult to avoid a successful personal injury claim.

Published in Truckstop News - April 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “SLIP SLIDING AWAY - SNOW AND ICE RELATED ACCIDENTS”.

Few people will have had the experiences of the Ice Road Truckers, whose polar exploits have recently been seen on TV.  However, the snow and ice that has been affecting the UK’s roads this winter may well have caused you significant problems, both while driving and when on foot.

The majority of ice and snow related accidents happen on public roads or pavements, and generally fall under the responsibility of the local council’s highway authority.  There is considerable debate about how far a council’s duty of care extends as far as gritting and salting is concerned.

It would be an impossible task for any council to make every highway, pavement and public area entirely safe during icy conditions.  However, in theory if a council fails to grit a road or public area during busy times of the day when the weather is exceptionally cold and someone suffers an injury because of this, the injured party may be able to make an accident compensation claim.  In practice, it is extremely difficult to succeed in such claims, as the council will probably defend all the way to a trial, and the Courts are increasingly reluctant to find against public authorities except in the very worst cases of neglect.

Published in Truckstop News - February 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “WHEN AN ACCIDENT INCREASES THE PAIN OF THE CREDIT CRUNCH”.

People tell me they expect an increase in claims for personal injury compensation, as accident victims seek money to help with their financial difficulties, especially if their ability to earn is affected.  However, in my experience this is unlikely to be the case.  Most people are reluctant to make a claim and feel awkward about asserting their legal right to obtain compensation, even when their injuries are significant. 

This is particularly so following an accident at work, where understandably concerns arise about job security and the future.  It is true that occasionally an employer may see a claim as a personal attack and react badly, however employment law protects workers from victimisation and provides remedies if relations turn sour.