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

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.

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/ 

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 compensationfor 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 October 2001, a driver was uncoupling a tractor unit from a loaded trailer.  He had disconnected the airlines and was using the footstep to dismount from his position.  However this was also the battery cover, which was loose and when placing his foot on it the cover moved causing the driver to fall backwards.  He was initially able to grab hold of a bar on the side of the cab, but his momentum caused a jerking movement and pain in his arm and shoulder, resulting in him losing his grip and falling a distance of 3 feet to the ground.

The Injuries

Strained shoulder (requiring support in a sling and physiotherapy treatment); pain and stiffness in the neck; initially winded and in shock.

The driver’s hobbies of golf and cricket were affected by his injuries and he had to take 4 weeks off work.

How the Claim Progressed

A letter was sent to his employer setting out how the accident occurred, and in particular highlighting that he had been provided with defective work equipment, namely the loose battery cover/footstep.  It took over 2 months for their insurers to acknowledge receipt, but they very quickly admitted responsibility.

A comprehensive medical report was obtained, which set out the anticipated timescale for recovery and the additional physiotherapy treatment required to achieve this.

Gathering evidence for the driver’s financial losses took a little while, as there was difficulty in obtaining wage information from his employers and it was necessary to rely on bank statements to establish the payments he had received during his time off work and while working on light duties for a few weeks.  However, within a few days of the insurers receiving full details they put forward an acceptable settlement offer.

The Compensation Recovered

The driver accepted £3,000 for the injuries and £1,250 for his financial losses (including lost wages), making £4,250 in all.  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 HOW TO KEEP TRUCK DRIVERS SAFE ON THE ROADS.

Highways Agency statistics indicate that HGVs are involved in about a quarter of all road accidents, even though when looking at the overall makeup of the traffic on the UK’s roads, this vehicle type equates to a much lower proportion than 25%.

Employers have a duty towards their drivers to ensure, as far as reasonably practical, the health and safety of the employee and also that neither they nor anyone else affected by their presence on the road will come to harm.

To assist with this, employers must have in place a health and safety policy that can be accessed by their drivers.  Indeed the drivers should be consulted when the policy is formulated, and once in place they should be provided with appropriate training so that the risk of an accident occurring is minimised.  This is in addition to the usual steps that should be taken to ensure vehicles are roadworthy.

However, drivers themselves also have a part to play in staying safe.  The following points may seem obvious and simple common sense, but can so easily be overlooked, particularly at busy times or when there are several matters all competing for attention.  In view of the winter weather and increased traffic in the run up to Christmas, now might be an appropriate time to reconsider them.

Check Your Vehicle and Load:  A driver is responsible for the condition of their vehicle and its load while on the road.  If a driver’s check reveals a safety issue, the vehicle must not be driven as road traffic law will not allow them to pass the responsibility to their employer in this situation.  A trailer must not be overloaded and the goods to be transported must be secure.  If the Police stop the vehicle and find it to be unsafe, they will levy a heavy fine and the driver’s record will be blemished, which might affect future employment.

Route Planning:  Some say the most important part of a journey is to take ten minutes or so in advance to plan it.  The route, anticipated driving time and weather conditions are all factors to be taken into account.  If using a SatNav, consider how reliable this is when for example transporting a particularly wide or high load.  Everyone is familiar with forecasts for rain, snow and ice, but wind speed can also be a significant feature.  Driving an empty vehicle with a high sided curtain can be dangerous, as the curtain is likely to act like a sail.

Be Alert:  Tiredness is one of the main killers on the motorway and drivers falling asleep account for 20% of motorway collisions.  The Highway Code recommends that you stop at least every two hours, breaks should therefore form part of your journey planning.  If you feel tired, take a break at the next services.  A short power nap or a walk in the fresh air may be all you need.

Tailgating:  Maintaining a safe distance between your vehicle and the one in front allows sufficient time for braking and reduces the risk of jack-knifing.  Few will need reminding of the terrible accident on the M5 near Taunton in November when several people lost their lives.  The investigation into the cause of the accident is still ongoing, but a lack of awareness of the road conditions ahead and inadequate space left between vehicles may prove to have been significant factors.

Sideswiping:  Drivers must ensure that they use their indicators to give other road users plenty of warning of their intention to make a manoeuvre, particularly on dual carriageways and motorways.  They must also ensure that it is safe to change lanes before doing so.

Seatbelts:  All drivers are legally bound to wear seatbelts.  The only exemption for professional drivers is if they are making deliveries every 50m.

Mobile Phones:  A study by the AA found that drivers are four times more likely to have an accident while using a hand held mobile phone.  Although this is an illegal practice, thousands of motorists (both professional and private) continue to flout the law, which is a very poor situation when hands free sets are relatively cheap to install.  However, the use of any hand held device while driving poses a potential accident risk.

Smoking:  A truck is regarded as a workplace and drivers will be in breach of the law if found smoking in their cab or load space.  When driving, this is another activity that prevents full attention from being given to the road ahead.

Drink and Drugs:  It is safest to drive with no alcohol at all in the blood.  Having a ‘skin full’ one evening might result in you still being over the limit when driving the next morning, and it is not hard to see why airline pilots are banned from drinking the day before a flight.  Users of illegal substances pose a similar threat on the road to alcohol users, but the side effects of prescription and over the counter drugs should not be overlooked, particularly as some can cause drowsiness.

The repetitive nature of tasks, particularly while at work, is something that almost everyone needs to deal with.  Repetition can lead to a lack of attention and carelessness, resulting in poor judgment and mistakes.  Driving is no different, especially when making the same journey day after day in the same vehicle.  It can be easy to overlook obvious hazards and by doing so you might just end up forming part of the road accident statistics.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2011 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 another SUCCESSFUL ACCIDENT AT WORK CLAIM.

Continuing his review of successfully completed accident claims, Steven Hinchliffe looks at just one 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 – and readers may recognise some of the names referred to.

In this article I highlight the consequences of work related accidents occurring because of defects with the roller shutter doors on both trucks and trailers, which often come to light when the doors are being closed.  As with previous articles the common trend remains the effect on the injured person’s life, and 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.

CASE STUDY

In June 2010 my firm was contacted by Mr A R Dotters of Uxbridge in connection with his accident while at work the previous month.  His employer, J N Fox & Sons UK Limited, had hired a vehicle that he was required to use.  After making a delivery he went to close the rear roller shutter door and found that it was bent, which meant it did not roll very well.  He therefore had to apply more force in closing it than he would normally have had to and as he was pulling the strap to bring the shutter down, it broke away from the shutter.  This caused Mr Dotters to lose his balance and fall to the ground.

Although it was the hired vehicle that was faulty and caused the accident, under the UK law his employer (rather than the owner of the vehicle) was held to be responsible for what happened, as they had provided him with defective work equipment.  However in this type of situation, unless there are contractual clauses in the rental agreement excluding the right of indemnity, an employer is usually able to make a claim for their losses against the company who provided the defective vehicle.

Once my firm had taken full instructions from Mr Dotters (including completing the necessary terms of business documents required to comply with professional rules) a letter setting out details of the claim was sent to his employer.  This contained the following allegations of negligence and breach of duty:-

(a)        Failed to maintain the vehicle, which was work equipment, in an efficient state, in efficient working order and in good repair, contrary to Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998.

(b)        Provided for use a vehicle that was defective and dangerous.

(c)        Failed to warn of the dangerous condition of the vehicle.

(d)        Failed to devise, institute or operate or ensure the institution or operation of any or any adequate system of routine preventative inspection of vehicles.

While waiting for a response from the employer’s insurers, steps were taken to obtain Mr Dotters’ health records, including his medical history prior to the accident and the notes of the treatment he had received for his injury.  These were sent to a Consultant Orthopaedic Surgeon and an appointment was arranged for Mr Dotters to be examined.  A comprehensive medical report was then provided, which confirmed that he had suffered a hairline fracture to his knee and possible cartilage damage.  He had to wear a brace for 6 weeks and initially needed crutches to get around, and it was necessary for him to take 8 weeks off work.  His medical records showed that he had previously suffered with knee problems and the Consultant felt that he would return to his pre-accident condition within 6 months from the date of the accident.  The report was received in early December 2010, and based upon the contents it was possible to value his claim.

Normally, in addition to compensation for the injuries, a claim is also made for financial losses including lost earnings while off work.  However, in Mr Dotters’ case his employer continued to pay him during the time he was unable to work and also provided some medical treatment on a private basis – both elements regrettably rare in my firm’s experiences.  This meant that Mr Dotters’ financial losses only amounted to a few pounds.

Also to the credit of his employer, responsibility for the accident was accepted at a fairly early stage, and although their insurers initially tried to suggest that he should bear some of the blame, when their allegations were strongly resisted these were withdrawn. 

Once the insurers had had an opportunity to consider the medical evidence they made an acceptable offer in the sum of £4,000 and the claim was settled.  Mr Dotters kept the full amount, as my firm’s fees and expenses were paid separately by the insurers.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2011 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 we chat to CV Driver Magazine regular contributor Steven Hinchliffe of personal injury specialists Hinchliffes Solicitors.  So, over tea and toast we talk about the personal injury claims business and how important it is to seek proper and sound advice – and the process of actually making a claim.

Steven qualified as a solicitor in 1978 and formed Hinchliffes Solicitors as a specialist claimant personal injury firm in 1999 in Malvern, Worcestershire.

As Steven explains, the firm has an extremely good reputation in this specialist field, with a large proportion of the claims coming as referrals from other satisfied clients.

In relation to road transport, as a legal practice they fully understand how the industry operates and in particular how the wide variety of equipment works and how people can get injured in the work place – for example, a poorly loaded forklift truck causing injury or a depot littered with debris causing a trip when pulling a loaded pallet truck.

Over the years, they have seen every type of transport related accident claim.  We asked Steven what are the most common types of injury claims they see.  He said: “Usually while loading or unloading.  When unloading is more common, for example a badly packed pallet causing injury to the arms and shoulders, or another frequent cause can be when using a pump truck in a refrigerated trailer and slipping on the icy floor, resulting in ankle or leg injury.”

In these times of financial insecurity and under the constant threat of job losses, Steven does point out that some people choose not to pursue a potential claim for injury compensation, even when they have a very good case as they fear it could harm their future with their employer.  In fact in the recession the number of work related accident claims has actually dropped.

However, providing employees have more than 12 months service, they are covered by employment rights and cannot legally be sacked just for making a claim.

Some also see the process as difficult and may think it is just too much hassle to bother with. However, Steven is keen to point out that every enquiry to the firm is handled by a specialist solicitor who explains each issue clearly, which makes the process of qualifying the potential claim quicker and a whole lot easier for the claimant.

The process is in fact very straight forward and very tightly regulated.  The solicitor will make the claimant aware of how the case is funded and how a conditional fee agreement works.  This is commonly known as ‘no win no fee’.  The compensation for the injury has to be worth over £1,000 to make it cost effective for both them and the claimant, because if it is less than this the defendant will not have to pay the legal fees.

Also very early on in the discussion the firm have to establish if the employer has breached their duty of care obligations and also that there is enough evidence to support this.

If everything is in order, then the solicitor will contact the defendant outlining what regulations have been breached and as Steven explains, although the letter is direct and factual, it must also be very even handed and not threatening in any way.

During the claims process, a full valuation will need to be established – this will include the compensation for the injury and also for any financial losses, which could include loss of earnings.

To fully establish the effects of the injury, a medical report will need to be obtained.  The solicitor will arrange an examination by an independent expert in the appropriate field of medicine, who will complete a report highlighting the injury and what long term effect, if any, it will have on the claimant.

Once in receipt of the report, the solicitor can quickly establish the full value of the claim and, having obtained authority from the claimant, will make a settlement offer to the defendant, who then has 21 days to respond.  The solicitor will handle all the negotiations and when all parties are in agreement and a settlement is reached, it is normally only between two and four weeks before payment is received.

In most cases, employers will act to improve their health and safety policies after a successful claim as they will be audited by their own insurers to ensure that they are doing all they can to make the workplace safer and ultimately keep their own insurance premiums to a minimum.

We asked Steven what Hinchliffes’ USP is.  He says: “We offer a very personal and expert service.  We have worked on behalf of lots of truck drivers, and everyone who contacts us with an enquiry about a potential claim speaks to an experienced solicitor who fully understands how trucks and trailers work and the environment they operate in.”

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 August 2001, a driver was required to secure a load on a curtain sided trailer, which had been stacked almost to the top rail of the curtain frame.  He needed to strap the load down at intervals along the length of the trailer, but when throwing the straps over they kept snagging on the frame.  He therefore had to climb to the top of the load so he could pass the straps over, but in doing so lost his footing and fell approximately 15 feet to the ground. 

The Injuries

Broken wrist (requiring surgery); broken and bruised ribs; blow to the head.

The driver was left with a permanent disability in his wrist, which had the potential to affect his future employment prospects.

How the Claim Progressed

A letter detailing the claim was sent to his employer, highlighting various breaches of Health and Safety Regulations, which included the failure to provide a ladder or other safe way of accessing and securing the load.  The matter was put into the hands of their insurers, who would neither admit nor deny responsibility for the accident.

As there were reasonable prospects of the claim succeeding Court proceedings were issued, but the insurers and their solicitors continued to cause delay and it looked as if a trial would be necessary.

Comprehensive medical reports were obtained and the driver’s financial losses were calculated, which included a lump sum in respect of his disadvantage on the job market. 

When settlement offers were finally put forward by the defendant it was on the basis that the driver had failed to take sufficient care and was therefore partly to blame for the accident.  This argument was challenged and after some negotiation it was possible to reach agreement without the need for a trial.

The Compensation Recovered

The driver accepted £13,650 as compensation for his injuries and financial losses.  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 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.

LOAD ISSUES

-   Loads should be secured, so they do not shift while in transit.

-   If possible, loads should be placed against the trailer headboard, and if not possible (eg for reasons of weight distribution) any gap between the load and the headboard should be packed.

-   The curtain and roof supports, and the curtains themselves are not suitable structures to use in securing the load.

-   Even if a load is very heavy, it is not safe to simply assume that its weight alone will stop it from moving, eg during an emergency stop.

-   Over strapping a load is often the least risky method for securing it, however it is not suitable for all types of load.

-   Everyone involved in the loading and unloading process must communicate and look out for each others’ safety.

-   Although risk assessments and loading plans are important safety measures, just taking a little time to stand back and think about what needs to be done is often all an experienced worker needs to do.

-   Drivers should seek advice before setting off if they are not confident about the security of the load.

-   Drivers not involved in the loading process will be unaware of how the load was stacked or secured.  Items may have been strapped to pallets and if the strapping is loose or badly attached, this causes an obvious hazard.  It is not uncommon for items from badly loaded pallets to fall when the curtain is pulled back, as it was only the curtain that was keeping them in place.

-   Loads that are stacked high could become unstable in transit, and during the unloading process could fall without warning.

-   The need to manoeuvre the load without mechanical assistance, eg by having to drag pallets using the strapping, can lead to injuries.  If the strapping breaks, this could result in a loss of balance and the possibility of a fall.

-   Weather conditions should be considered before a journey is commenced.  In a strong wind a curtain will act like a sail and there are many instances of trailers that have either a light load or are empty blowing over on the road.

Obviously there are financial considerations involved in securing a load, and in the loading and unloading process.  The cost of the most suitable equipment to use, and also the manpower and time required will be important factors to the transport company, particularly if their budget is tight and there are deadlines to meet.  However, cost cutting can have a direct affect on the possibility of an accident happening and which can result in damage to the goods and/or the vehicle, a potential impact on the company’s reputation, not to mention injury to the driver, other worker, or even to a member of the public. 

KEEPING WORKERS SAFE

There is equipment that would help prevent drivers and other workers from falling off the trailer.  Harnesses and restraints will keep you swinging in the air, which is preferable to being in a heap on the ground.  Also catch nets and inflatable soft landing pads could prevent serious injuries if a fall cannot be avoided.

The trailer floor 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.  Older trailers may have worn, uneven surfaces with gaps or holes in the floor creating tripping hazards.  Loose straps, ropes and cables are also likely to cause tripping situations and there should be a safe means of storing this type of item.  There should be a way of securing the curtain sides when open.  An effective system of vehicle checking and maintenance will go a long way to prevent injuries.

Workers must also take responsibility for their own safety.  Care needs to be taken when getting onto or down from the side of the trailer.  To help gain safe access to the trailer bed there should be small ladders or adequate footholds and grab handles securely fixed in place, and which must be used.  There is a clear risk of injury when jumping down from the trailer and this practice should be avoided.  Sliding down can also result in arms and wrists getting caught in straps or on rigid metal structures, which could cause torn muscles and tendons, or broken bones.

No one wishes to suffer the trauma of an accident, and the majority of the population hope never to face the prospect of making a claim for personal injury compensation.  However, a person injured through the negligence of another is almost immediately put at a financial disadvantage, particularly if they have to take time off work without full pay.  The law provides them with a way of trying to put their life back to how it was before the accident occurred, and which might also result in changes to working conditions that reduce the risk of the same thing happening to someone else.  In this situation, it is always best to speak directly to specialist solicitors.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2011 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, 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 February 1999, while driving a concrete mixer up a steep hill for a contractor, it was necessary for the driver to select a lower gear.  In this particular vehicle the control levers operating the mixer drum were positioned at the back of the cab, directly behind the gear lever.  As the driver changed down, his elbow swung back and hit the solid metal control levers causing significant injury. 

The Injuries

Nerve damage to his elbow, requiring surgery.

The injury had a significant affect on the driver’s life for a period of over 3 years, affecting not only his earning capacity, but also his home life and his ability to pursue his hobbies.

How the Claim Progressed

In September 2000 full details of the claim were sent to the owner of the concrete mixer, who had engaged the driver’s services.  The matter was put into the hands of their insurers and 5 months later responsibility for the accident was admitted.  It was noted that following the accident the control levers were re-positioned.

However, because of the complexity of the injuries and the treatment required, it took a long time to establish the full consequences of the accident.  Various detailed medical reports were obtained from a Consultant, and the insurers agreed to fund the cost of the required surgery on a private basis.

As the calculation of the driver’s financial losses (particularly his loss of income) was complex, a Barrister was asked to provide specific advice on the amount he was likely to be awarded, if the claim had to be decided by the Courts.  Settlement negotiations then took place and it was possible to reach agreement in April 2003.

The Compensation Recovered

The driver recovered just over £24,600 in total, as compensation for the pain and suffering caused by his injuries, together with his financial losses.  The full sum was paid to him 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 A SUCCESSFUL OCCUPIER LIABILITY ACCIDENT CLAIM.

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at another situation experienced by a reader of Truckstop News that ultimately lead to an award of personal injury compensation.  On this occasion he considers the liability of occupiers of premises for accidents suffered by their visitors.

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 an accident that occurred in a car repair garage and set out the obligations on the occupier to keep their customers and other visitors safe.  As with the previous articles in this series, the common trend remains the significant effect on each person’s life and here my client 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 party to the position that he or she would otherwise have been in had the accident not happened.

OCCUPIERS’ LIABILITY – THE LEGAL POSITION

Liability towards visitors is covered by the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984.  The 1957 Act deals with lawful visitors and the 1984 Act extends the provisions to trespassers, meaning that an occupier of land and buildings can be liable towards people who have no right to be there.

The “occupier” means anyone in control of land, buildings, shops, warehouses, car parks or other premises, and the 1957 Act also covers such places as ships, hovercraft, scaffolding and quaysides.  The “occupier” can be a local authority, a company, an individual person or a partnership.  The test for being in occupation is ‘whether a person has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person lawfully there’.

The duty of care imposed is to take such care as is reasonable all the circumstances of the case to ensure that the visitor will be safe in using the premises for the purpose for which he is invited or permitted to be there.

Occupiers of workplaces (eg your employer) or of premises where you are required to work (eg a delivery or collection point) have a much greater duty to provide a safe environment under separate workplace regulations.

Accidents suffered both in workplaces and in other premises can result in serious consequences, and the vast majority are foreseeable and could have been prevented if the “occupier” had had simple control measures in place, such as placing a sign or a barrier where a floor is wet, or salting an icy access route.

CASE STUDY – SUB-STANDARD DOOR GLASS

In October 2009 my firm was contacted by Mr C of Huntingdon (name withheld at client’s request), who had suffered an accident approximately 2 months earlier while at a garage.  He had taken his car to the garage early one morning to have some work done and went into the office.  On leaving the office he walked into a glass door, which shattered causing significant cuts to both of his hands.  There were no stickers on the glass or other signs indicating that it was in fact a closed door, and more seriously it was not made from toughened glass that would withstand minor impacts of this nature.

A letter was sent to the garage owners in November 2009 setting out the basis of the claim, and included the following allegations of negligence:-

(a)  Failed to place a sticker or otherwise mark the glass so as to warn visitors of the presence of the glass.

(b)  As the glass was in a ‘critical location’, failed to ensure that it was safety glass and thereby failed to follow British Standard 6206: 1981 (1994).

(c)  Failed to discharge the common duty of care owed to Mr C under section 2 of the Occupiers’ Liability Act 1957.

The letter was passed to insurers, who denied there was any breach of duty by the garage and suggested that the accident was entirely Mr C’s own fault.  On many occasions people have walked into this type of door not realising it was there and felt a little foolish, but when doing so you do not expect the glass to shatter causing nasty injuries.  My firm therefore pressed on with the claim and sent a robust response to the insurers.

Mr C’s medical records were sent to an A&E Consultant, who examined Mr C and prepared a detailed report recording the injuries suffered, treatment received and likely timescale for the scars to fade.  Details of his financial losses were also gathered, which although modest included travel expenses and an allowance for the time spent by his wife in providing care during the first month after the accident.  Full details were sent to the insurers and despite their continued denial of responsibility, in April 2010 they agreed to settle the claim.

The compensation Mr C recovered was £2,675 for his injuries, together with £75 towards his financial losses, making a total of £2,750, which he kept in full as the insurers paid the legal costs separately.  Despite the insurers’ attitude to the claim, it took less than 7 months from the date he first contacted my firm to the receipt of his cheque.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2011 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.