Archive for the 'Fork lift trucks' Category

Published in CV Driver September 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 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.

Pirelli Tyres has received a fine of £9,000 after admitting a breach of health and safety regulations when a forklift truck hit a workman at the company’s Carlisle plant, resulting in him suffering a broken leg.

Alan Miller, a contractor working on the site, was hit from behind by a pallet on the forks of a forklift truck as he walked through one of the departments at the plant.  The Health and Safety Executive prosecuted the company for failing to manage the risks to pedestrians in the area where the accident happened, including failing to advise contractors of the safety measures required to make sure their safety.

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 November 2009.

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 various situations experienced by readers of Truckstop News that ultimately lead to an award of personal injury compensation.

All of the accident victims mentioned in this series of articles are 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 some of the names referred to may be familiar to you.

Published in Truckstop News October 2009.

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 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.

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).

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.