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 and their colleagues, 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 for clients. 

CASE HISTORY

How the Accident Happened

In September 2001 a HGV driver was transporting a sealed load.  As he approached a roundabout the trailer started to topple over causing the whole vehicle to fall onto its side.  The police attended the scene and took evidence from an independent witness, who confirmed that the driver was not speeding or acting improperly.

The Injuries

Fracture to right shoulder, requiring his arm to be placed in a sling.

He was unable to work for 6 weeks following the accident and suffered a reduction in his wages of almost £1,000 during this period.

How the Claim Progressed

A letter was sent to the company that owned the vehicle setting out details of the accident.  Allegations were made as to their failure to properly maintain and inspect the vehicle and to ensure that the driver was kept safe.  As there was no evidence to suggest that the driver had been in any way at fault, the only explanation for the vehicle toppling over was either a defect with it, or that the trailer contents had been loaded incorrectly.  Being a sealed unit, there was no opportunity for the driver to check the load before setting off.

By this time the company had gone into liquidation, causing great delay in obtaining any information.  This made it difficult for their insurers to investigate how the accident happened resulting in them making assumptions about who might be responsible.  At one stage they tried to suggest the driver was speeding, without having any evidence to support this.

A comprehensive medical report and details of the driver’s financial losses were submitted and an offer invited.  The 3 year limitation date was fast approaching and it was felt likely that Court proceedings would be necessary.  However, with 3 months to go settlement negotiations finally started and it was possible to reach an agreement.

The Compensation Recovered

The driver accepted total compensation of £4,750, to include his lost income.  He kept the full amount, as his legal costs were negotiated and paid separately.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now

Whiplash is a general term given to an injury to the cervical spine, ie the lower part of the neck where it meets the upper back.  It is often called a cervical sprain, because there is no break or fracture of any bony matter.  This type of injury is usually suffered by occupants of a vehicle that is hit from behind (commonly referred to as “rear end shunt” accidents) and is caused by the head being thrown backwards and forwards uncontrollably.  It is therefore a little surprising that people like Jack Straw MP question whether this category of injury actually exists.  It seems probable that he has never been involved in a road accident and suffered what for many people is a very painful condition.

Taller people tend to experience more pain as they usually have less protection from the seat headrest.  A correctly positioned headrest can reduce by up to 50% the chances of this injury being suffered.

It is also felt that women are much more likely to feel the effects of whiplash than men, possibly because their muscles that support the head are generally less developed.

If the vehicle that is struck is significantly smaller than the other vehicle involved, there is a tendency for its occupants to suffer a more significant injury.  However, serious damage to the cervical spine with long term consequences is fortunately rare, and in most cases some form of exercise is recommended during the recovery period.  This is because muscles and fibres need to repair and strengthen, which will not happen without some activity.  A course of physiotherapy treatment is therefore often suggested.

The symptoms from most whiplash injuries can last anything from a few weeks to a couple of years, but usually any continuing symptoms beyond this time may have another underlying cause and perhaps be linked to the psychological affects of long term pain.  Nevertheless, anything that can medically be attributed (either in full or in part) to the accident can be included in the compensation claim.  Defendant insurance companies may try and suggest a degree of exaggeration or malingering, and when this happens both parties need to obtain detailed medical evidence from appropriate experts to support their position.  There is no doubt that suffering from chronic pain can be life changing and can affect the injured person’s ability to work or care for themselves.  Where this is proved to be accident related, their eventual compensation can be very substantial, depending on the individual circumstances.

Those who wish to remove the ability of injured people to claim for compensation for a situation that was not their fault will be responsible for manifest injustice.  Some politicians and most defendant insurance companies try to suggest that it is not possible to suffer an injury when the speed of impact is less than 15 mph.  However, most rear end shunts happen at road junctions and roundabouts where speeds are low, and there are many respected medical studies that confirm it is possible for injury to be caused at speeds as low as 5 mph.  Another argument put forward by insurers is that if there is no damage to the vehicle, then there can be no damage to its occupants, but in response it is fair to say that unlike modern cars, humans are not designed to withstand such impacts.  Also, a bumper may appear to be undamaged on the outside, but may well have some internal cracks.

There is another aspect to the possibility of claims for whiplash only being possible when the impact was above a set speed, and that is the problem of proving exactly what the speed was.  Negligent drivers who cause accidents will simply say that they were travelling at below the prescribed speed, and it may end up with injured parties having to go to Court supported by evidence from road accident engineers, just to determine the velocity of the vehicles involved, before even considering the medical issues.  Court proceedings and expert reports are not cheap.  Rather than the perceived intention of driving down the overall cost of accident claims, this may ultimately result in an increase in costs.

The current system allows innocent victims of whiplash symptoms to assert their legal right to be compensated by the party responsible for the accident, and to keep 100% of the money awarded.  The only proviso is that the value of the injuries must be at least £1,000, otherwise they will not be able to recover their legal costs. 

I outline a rear end shunt case that my firm recently dealt with were the client was a completely innocent passenger in a minibus, which was slowing down on a motorway due to traffic ahead when it was struck by a van.  She was examined by an independent A&E consultant, who confirmed she had suffered whiplash injuries to her neck and also an injury to her lower back, and indicated that with physiotherapy treatment she would make a full recovery within 9 months of the accident.  The van driver’s insurers quickly admitted responsibility and offered to fund the treatment, but by this stage it had already been arranged on the NHS.  We were able to recover compensation for her of just under £2,000, which included modest loss of earnings as the injuries affected her ability to work. 

If all of the Government’s planned changes are implemented, in future this client may well not have the opportunity of pursuing a personal injury claim, making the only winners in this situation the insurance industry.  Surely a better way of reducing the volume of claims is to reduce the number of road accidents by encouraging road users to be more responsible.  If greater care was taken in respect of speed, the distance to the vehicle in front, the road conditions and intentions of other drivers, perhaps the current debate would not be necessary.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2012 Hinchliffes Solicitors

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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 and their colleagues, 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 for clients. 

CASE HISTORY

How the Accident Happened

In October 2002, an agency driver working for a large retailer was required to collect a trailer from a service station at night.  He had not been specifically trained in how to connect this type of trailer.  However, an employee of the retailer asked him for help and while he was in the process of connecting the trailer to the back of his cab, the employee raised the trailer legs causing it to come down on his right arm.  

The Injuries

Crush injury to arm, requiring admission to hospital for a few days.

He was unable to work for 2 weeks following the accident and on returning to work had to avoid heavy lifting for a couple of months.  A total recovery period of 18 months was anticipated by the medical expert.

How the Claim Progressed

A letter was sent to the retailer setting out how the accident happened and why they were held to be at fault.  This was passed to their insurers so the matter could be investigated, but no decision was made as to who was responsible.  The insurers suggested that the retailer would not give them instructions, and when terms for settlement were put forward (supported by a comprehensive medical report and detailed schedule of the driver’s financial losses) they could neither accept nor reject them.

The only way forward was to issue Court proceedings, and the retailer’s solicitors tried to defend the claim on the basis that the driver had received training, but in any event should have left the employee to connect the trailer on their own.  This was strongly resisted and the case was prepared for trial.

With less than a month to go before the trial date, the retailer’s solicitors reviewed their position and started settlement negotiations.   

The Compensation Recovered

The driver accepted total compensation of around £2,840, most of which was in respect of the injury as his financial losses and lost wages were relatively modest.  He received the full sum, as his legal costs were negotiated and paid separately. 

INJURED IN AN ACCIDENT?

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Here we present the first in a series of articles written by Steven Hinchliffe, owner of the specialist Personal Injury firm Hinchliffes Solicitors. His firm has helped very many accident victims recover the compensation they are legally entitled to.

Not every accident results in an entitlement to compensation, no matter how serious the injuries suffered.

The Accident

The accident must have happened because of the negligence or fault of another party, by whom you were owed a “duty of care”.  This means that there must be a sufficiently close connection between you and the other party for them to be aware that their actions (or lack of action) are likely to have an impact upon you.

If that duty of care is breached, whether intentionally or not, and as a result you suffer injuries, then it is likely that you will have grounds to make a claim.  Even if you are partly responsible for the accident, it is usually still possible for you to make a claim against the other party.  However, in this situation the amount of compensation you will recover if the claim is successful is reduced to reflect the part you played.

The Injuries

You must either have suffered injuries as a direct result of the accident, or have an existing medical condition that was made worse because of it.

If your injuries were minor and you were fully recovered within a few days, it is likely they will have a value of less than £1,000.  You are still entitled to make a claim, but you will not be able to recover your legal costs from the other party and will have to pay these yourself.

So long as your injuries can be valued at £1,000 or more, as the law currently stands the other party will be required to pay your legal costs (in addition to your compensation) if your claim succeeds.

Time Limits

In respect of all accidents that come under the jurisdiction of the Courts of England and Wales, you normally have three years from the date of the accident in which to make a claim for compensation.  If the claim has not been concluded by the end of this period, you must issue Court proceedings and serve them on the other party, otherwise your entitlement to compensation will be lost.

This time limit can differ if the accident victim is under 18, or depending on the type of claim made and where the accident actually happened.

Can the other party afford to pay?

Unless the other party has insurance that will pay your compensation and legal costs if the claim is successful, there may be no point in proceeding.

Employers and businesses must have insurance cover in place, in the event that someone suffers injuries as a result of their negligence.

An accident that happens in someone’s house will usually be covered by their home insurance policy.  Drivers should have insurance, but sadly not all do.  However, a claim can still be made against an uninsured driver as it will be dealt with by the Motor Insurers Bureau.  Local and highway authorities usually self-insure and have the resources to pay any sums awarded to successful claimants.

 INJURED IN AN ACCIDENT?

HINCHLIFFES SOLICITORS

FOR FREE ADVICE CALL 0800 138 1348

We listen, advise and then take action

•  All claims handled by a specialist solicitor
• Nationwide service – no need to visit us
• Keep 100% of your compensation
• No legal fees to pay – win or lose
• Claim back your lost income
• Law Society accredited

Employed / Agency Worker / Self-Employed / Not Currently Working – WE CAN HELP

£Millions in compensation recovered for accident victims

CONTACT US NOW ON 0800 138 1348 OR ONLINE AT WWW.HINCHLIFFES.CO.UK 

This month Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers the GOVERNMENT ATTACK ON ROAD ACCIDENT COMPENSATION VICTIMS.

Continuing his review of successfully completed accident claims, Steven Hinchliffe looks at a rear end shunt case where the accident involved a vehicle that was struck while parked, rather than while the driver was waiting at a junction or roundabout as more commonly happens. 

Few people will have escaped the current barrage of mis-information being distributed by the insurance industry’s powerful public relations departments.  They suggest this type of accident rarely results in any real injury to the occupants of the vehicles involved, and that whiplash is just a fantasy.  Worse still, they routinely accuse claimants of being fraudulent.  Their preferred option is for people who have suffered modest injuries to just grin and bear it, and if they need a couple of weeks off work to recover only a few hundred pounds of wages is likely to be lost – a situation that everybody should be able to cope with.

The Government is dangerously naïve, but is so eager to appear to be on the side of the voting public that they have swallowed every assurance given by insurance companies that motor premiums will reduce and therefore everyone will be better off if these claims are stamped out.  Be in no doubt, this will not have the effect of bringing down the level of premiums.  Instead, the savings made by the insurers will be turned into profit and passed on to shareholders.

Despite numerous independent reports confirming that the country does not have a “compensation culture”, this expression is used daily by:-

-          politicians seeking a sound bite

-          insurance companies spreading propaganda

-          newspaper editors seeking headlines to increase sales

What no-one seems to highlight is the increasing number of vehicles on the road – should anyone therefore be surprised by the number of accidents currently occurring?

Under the proposals being actively considered by the Government, those who have suffered minor injuries caused by the negligence of other road users will go completely uncompensated, which cannot be just.  “Low value” claims with up to say £2,000 injury compensation, coupled with a few hundred pounds of financial losses, may appear insignificant to high earners, but this money can be crucial to the vast majority of working people with limited financial resources and tight budgets.

Having got that off my chest, I now consider the situation experienced by a reader 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.

As previously indicated, this article highlights a road accident in which my client was completely without fault.  Under current law, 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.

CASE STUDY – TRUCK IN LAYBY HIT BY PASSING HGV

In November 2008 Mr W Owen of Nottingham had parked his truck for the night in a layby on the A42.  During the early hours of the morning while he was asleep in the cab, his truck was struck by another HGV.  Although a glancing blow, the impact was sufficient for him to be thrown around in the cab and he suffered injuries to his neck and upper body.  There was also a psychological consequence, as he could not bring himself to sleep at the roadside and had to turn down work as a result of this, affecting his earnings potential. 

The driver of the HGV was employed by a distribution company and therefore details of Mr Owen’s claim were sent to the company, who put the matter in the hands of their insurers.  To succeed in a case of this type it is necessary to show that the party who caused the accident was negligent, and despite the insurers accepting that Mr Owen was entirely without fault, they denied responsibility on the basis that a tyre had blown causing the driver to lose control, and he was not to blame.  However, Mr Owen strongly believed the driver had fallen asleep at the wheel.

Two comprehensive medical reports were obtained in support of the claim from different types of experts, setting out the physical and psychological consequences of the accident.  These, together with details of Mr Owen’s financial losses (including lost income) were sent to the insurers, but their position remained unchanged.  Contested Court proceedings were therefore started in May 2010.

The company and their advisors continued to resist the claim and a trial date was set for May 2011.  Since the start of the case my firm had repeatedly requested copies of documents in support of their position, including the driver’s tachograph records (which were never produced) and evidence of a blow out.  Just two months before the trial we received a final bundle of documents, which in fact confirmed that the tyre had blown on impact and not before.  The insurers had been fully aware of this, but had still sought to strongly defend the claim.  Settlement negotiations then started and it was possible to reach an agreement.  Mr Owen kept all of this compensation, as my firm’s costs were paid separately, and these were much higher than normal simply because of the attitude of the company and their advisors, and all the work that was necessary to prepare for the trial.     

In the brave new world being championed by the Government, it is questionable whether people like Mr Owen will in future be able to make this type of claim, and pursue it all the way to a successful conclusion.  Where is the justice in this situation?

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2012 Hinchliffes Solicitors

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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 and their colleagues, 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. 

CASE HISTORY

How the Accident Happened

In September 2002, an employee was subcontracted to work at a local refuse site.  Part of his job was to assist in the unloading of fridges from a skip and he had to manoeuvre each unit individually so it could be removed by a forklift truck.  The electrical cables should have been removed at an earlier point, but unknown to him some of the cables were still attached.  Therefore in moving one unit, a cable was pulled resulting in a second unit toppling over, and his hand was crushed between the two fridges.

The Injuries

Crush injury to left hand and two broken fingers.  The hand was initially strapped, and subsequently required surgery and physiotherapy treatment.

He was unable to work for 7 weeks following the accident, and for a further week after the operation.

How the Claim Progressed

It took some time to establish exactly who was responsible for running the refuse site, but once their details were known a letter setting out how the accident happened was sent to them.  This highlighted the breaches of various Health and Safety Regulations, particularly relating to manual handling tasks.  Within 3 months their insurers accepted responsibility for the situation.

Once copies of the injured worker’s medical records were available, an appointment was arranged for him to be examined by an Accident & Emergency Consultant so that a detailed medical report could be prepared.

A comprehensive schedule of his financial losses was also compiled, including wage losses for the time he was off work, and also for likely future wage losses as a result of the injuries.

Within a month of the insurers being provided with all the relevant documents and information, sensible settlement offers were put forward and agreement reached.

The Compensation Recovered

The injured worker accepted total compensation of just under £8,500, which included approximately £800 for lost wages, and around £1,400 for anticipated future loss of earnings for a 2 year period.  He received the full sum, as his legal costs were negotiated and paid separately.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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. 

CASE HISTORY

How the Accident Happened

In July 2001, an employee of a removal firm was taking furniture out of a container.  The container was too high for a ramp to be secured to the back of it, and the ramp was therefore placed on a lower ledge.  As an item was being carried out, the employee’s heel knocked the door lock when exiting the container and this caused the ramp to move.  As a result he fell to the ground, approximately 5 feet below.

The Injuries

Fractured leg.  This was initially put in plaster, which had to be removed after 2 weeks due to an infection and instead was put in a brace that remained in place for 7 weeks.  He then required physiotherapy treatment.

It was necessary for him to be off work for a total of 9 weeks.

How the Claim Progressed

A letter setting out how the accident happened was sent to his employer, which highlighted the multiple breaches of various Health and Safety Regulations.  A month later their insurers acknowledged receipt and confirmed they were investigating the claim, but it took over 12 months for these to be completed and responsibility for the accident accepted.  Much of the delay was caused by a breakdown in communications between the employer and their insurers.

It also took a considerable time for the insurers to provide wage details, without which a detailed schedule of financial losses could not be finalised.

A comprehensive medical report was not obtained immediately, to allow for a period of recovery so that a detailed view could be given on any long term affects of the injury.  However, within a couple of weeks of this and the schedule of financial losses being submitted to the insurers, settlement negotiations began.

The Compensation Recovered

The injured employee agreed to accept total compensation of just over £6,169, which included almost £3,000 for his lost wages.  He received the full sum, as his legal costs were negotiated and paid separately.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

This month Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers ACCIDENTS INVOLVING SNOW AND ICE.

In early December 2011 when I planned the topic for this article I thought it would be a good idea to focus on accidents involving snow and ice, because last winter the whole country suffered with severely cold weather and heavy snow falls, causing mayhem.  As it turned out conditions this winter have been much warmer, but there is still plenty of time for bad weather to result in accidents.

Whenever there is snow and ice this almost always causes significant problems, both to drivers and pedestrians.  Accidents happen, mainly on public roads or pavements, with local councils and highway authorities potentially having to pick up the tab for any injuries or damage suffered.

There is some dispute about how far a council’s duty of care extends when it comes to gritting and salting the highway, as obviously it would be an impossible task for any council to ensure that every road, pavement and public area is entirely safe for use during spells of icy weather.  However, in theory if a council fails to grit a road or public area during peak times when the weather is exceptionally cold and because of this someone suffers an injury, it should be possible to make a claim for accident compensation.  The reality is somewhat different as it is extremely difficult to succeed in such claims.  This is because the council is likely to strongly deny responsibility, forcing the injured party to either abandon their case or issue Court proceedings.  Many public authorities have a policy of defending claims all the way to a trial and Judges are increasingly reluctant to find them responsible and award compensation, except in the very worst cases of neglect.  When a personal injury solicitor is asked to assess this type of claim, the test usually applied is whether there is a more than 50% chance of success should the case go to trial, and very often this criteria is not met.

The situation is different if the potentially negligent party is a private company or individual.  Here the test of “reasonable foreseeability of harm” can be applied, resulting in a much higher success rate for compensation claims.  The injured person need only prove that there was a likelihood that an accident might happen in the snow and ice, and that reasonable preventative steps could have been taken to remove the danger, but were either not taken or were inadequately dealt with.

Occupiers of any place where the public may usually visit, such as shops, offices and private car parks, have a responsibility to take such care as is reasonable in all the circumstances to ensure the safety of their visitors.  A railway station car park is a good example of this, because people are invited to be there so they can use the services the railway offers, and if the car park is left untreated in icy conditions, this could render the railway company in breach of their duty of care to the public.

The occupiers of such premises should be aware of weather forecasts and have available a sufficient supply of salt or similar gritting material.  In the event of snow or ice a safe path should be cleared, warning signs put up and, if conditions are particularly bad, the premises should be shut.  If they fail to take appropriate steps, they risk becoming responsible for the consequences of an accident, including having to pay injury compensation and legal costs.

A much higher standard of care is imposed upon employers towards their staff.  For them to completely avoid responsibility for accidents caused by snow and ice they would need to keep the pathways to the entrances of their premises completely clear, and also ensure that common areas such as staff car parks or delivery areas are generously gritted.

Householders and occupiers of domestic property must also take care.  If they attempt to clear a path through the snow to their door, it is reasonable for a visitor to assume it is safe to use.  However, if they then fall and suffer injuries the householder/occupier may be found to be responsible.  Anyone involved in door-to-door deliveries and postal workers are particularly at risk.  However, in practice the Courts will not be too critical of the householder/occupier if it can be shown that there was a genuine and reasonable attempt to clear a safe path.

In road accidents caused by snow and ice there is usually little prospect of succeeding in a claim against a highway authority for the reasons mentioned earlier.  However, drivers have a responsibility to drive safely and within the limitations imposed by the prevailing conditions.  Therefore, if a driver is travelling too fast and loses control causing an accident, they will find it very difficult to defend any subsequent claim for injury compensation by trying to place the blame on the weather.

In this article I have tried to highlight the difficulties faced by people injured in weather related accidents when trying to claim compensation, but it still remains the case that each year my firm succeeds in a number of such cases.

In respect of any accident, no matter what the cause, it is always best to seek legal advice from an experienced personal injury solicitor as to whether a claim can be made.  If so, in most cases the injured person is currently able to keep all of the compensation awarded with no deduction for legal costs.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2012 Hinchliffes Solicitors

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

This month Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers TRAILER ACCIDENT COMPENSATION CLAIMS.

Continuing his review of successfully completed accident claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that ultimately lead to awards of personal injury compensation.  On this occasion the common feature is that both accidents happened while working on trailers.

All of the accident victims mentioned in these 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.

In this article I highlight common place situations to which many professional drivers are exposed every day when carrying out their normal duties.  When working with trailers dangerous situations often arise, many of which are reasonably foreseeable by employers, yet inadequate steps are taken to try and prevent injury to their workers.  As with the previous articles in this series, the common trend remains the significant effect on each person’s life and here both of my clients suffered painful injuries that required medical attention.

Although using the established legal processes for making personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, in appropriate cases 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 stressed, the fundamental aim of all accident claims is to try and return the injured person to the position that he or she would otherwise have been in had the accident not happened.

An employer has a duty to provide their employees with both a safe system of work and equipment that is in good order.  Work equipment includes tractors and trailers, and although tractor units are usually well maintained, this is not always the case with trailers, especially if hired. 

CASE STUDY 1 – DEFECTIVE CURTAIN POLE

In February 2010, HGV driver Mr R Gladstone of Peterborough was collecting a load and was required to strap this to the trailer bed of a curtain sided unit.  He had to keep the last part of the curtain open so he could complete this task, but before he had finished the wind blew the end of the curtain, causing the pole to lift out of its base and fly towards him.  He tried to get out of the way, but in doing so lost his balance and fell off the side of the trailer.  Drivers often work in windy conditions and his employer should have ensured that the pole was secured to its base, eg by means of a retaining pin, to prevent this situation occurring.

Mr Gladstone suffered a broken elbow and had to take around 12 weeks off work.  He contacted my firm in March 2010, and within 2 months of a letter being sent to his employer setting out the basis of his claim, their insurers accepted responsibility.  They initially suggested he was partly to blame for the accident, but we rejected this allegation and it was eventually withdrawn.  In this type of situation where there is no real defence that can be put forward, it is the insurers’ aim to settle the case as cheaply as possible.  A tactic often used to achieve this is to make allegations of contributory fault, even when there is no foundation for doing so.

We arranged for Mr Gladstone to be examined by an Orthopaedic Surgeon, who also reviewed his medical records and prepared a detailed report on the injuries received and treatment provided.  He gave his view on the length of time likely before a full recovery was made and the further treatment required, which the insurers funded on a private basis.

It is unwise to agree a final settlement figure until there is a clear medical prognosis, and in this case we obtained a payment on account from the insurers to ease Mr Gladstone’s financial position while he was unable to work.  His claim settled in July 2011 when the insurers accepted our valuation of £8,250 for his injuries and £4,336.11 for his financial losses (including just under £4,000 for lost earnings), making £12,586.11 in all.  My firm’s costs and expenses were negotiated and paid separately, enabling Mr Gladstone to keep the full amount of his compensation.

CASE STUDY 2 – INADEQUATE ACCESS TO TRAILER

Mr S Williams of Wolverhampton was making a delivery in October 2009.  He had to get into the back of a rigid vehicle, but no steps were provided so he stood on the bar running along the edge of the trailer and pulled himself up by holding onto a retaining bar.  In doing so he felt pain in his shoulder (subsequently diagnosed as a tendon tear requiring surgery).  He reported this to his employer’s transport manager, the same person who he had previously asked to provide a small ladder, but this was not made available until after the accident.

Mr Williams sought our advice in March 2010 and a letter was quickly sent to his employer setting out full details.  4 months later their insurers denied responsibility, stating that a ladder was not necessary, which we regarded as demonstrating a misunderstanding of the law and practice pertaining to the haulage industry.  The insurers were sent medical evidence, details of Mr Williams’ financial losses and suggested settlement terms, but their decision remained unchanged.  Therefore, Court proceedings were started in March 2011 and the solicitors appointed to defend the claim quickly realised the weakness of their position.  Settlement negotiations therefore began.

Insurers often strongly deny claims, hoping the injured person will not want to go to Court.  However, Mr Williams (like my firm’s other clients) had legal expenses cover that protected him from having to pay costs if his case was lost, so there was no risk to him in taking this step.

His claim was settled at the end of May 2011 for a total sum of £11,500, of which around £4,000 was in respect of financial losses.  As with case study 1, my firm’s costs and expenses were paid separately by the insurers, enabling Mr Williams to keep all of his compensation.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2012 Hinchliffes Solicitors

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BEGINS

As increased whiplash claims are blamed for spiralling costs in car insurance, Worcester’s MP is calling for a crackdown on the compensation payouts that are proving a real pain in the neck for motorists.

Although the number of casualties in road accidents has fallen by almost 25 per cent since 2005, the number of insurance injury claims has doubled, the Government’s transport committee announced this week.

Its report, which says about 70 per cent of all claims arise from whiplash injuries, comes as comparison site Confused.com announced a 4.9 per cent increase in the cost of a comprehensive car insurance policy over the last 12 months.

Although drivers in Worcester itself have escaped fairly lightly – the average cost of a policy rose by just 0.8 per cent to £625 – figures for the West Midlands show a 9.6 per cent increase, sending the average price of a policy rocketing to £1,047. The committee’s report is calling on ministers to change the law to make it harder for people to make uncontested whiplash injury claims.

Worcester MP Robin Walker said he backed any crackdown on a problem that is “part of a broader something-for-nothing culture”. He said: “I think it is absolutely right that we try and clamp down on this claims culture, especially some of the worrying given evidence that has been pulled up by the committee over false whiplash claims.

“My car is registered in Worcester, I have seen my insurance go up a great deal and I have also heard from many constituents who are concerned.”

However, a local personal injury claims specialist says that while he backs action to stamp out any genuinely fraudulent claims, they are not to blame for premiums rocketing. Steven Hinchliffe, of Hinchliffes Solicitors, instead blames the struggling economy for the growth in injury claims.

“The recession means that fewer people can afford to keep a car on the road, and so there are fewer accidents being recorded. But for the same reason, people who a few years ago might not have bothered to seek compensation are finding themselves short of funds and so deciding to make a claim,” he said.

“The economy is also the reason insurance premiums have gone up. Interest rates are low and so insurance companies are not getting the same level of investment income. That means they have had to increase premiums to motorists to cover the shortfall. Fraudulent claims do exist and are something that must be stamped out, but they are a tiny, tiny percentage.”

ENDS

You can follow the link below to an online copy of the article at the Worcester Evening News website:

 http://www.worcesternews.co.uk/news/9476516.Whiplash_claims_are_a_pain_in_the_neck__says_MP/