Some basic elements need to exist for a successful accident compensation claim to be made.  The most common types of accident claims are a road accident claim or an accident at work claim.

To succeed in an accident compensation claim, the accident must have happened because someone was at fault and the victim suffered an injury.  The other party must have been aware that their actions (or lack of action) could cause injury, and which is commonly the situation when they are either another road user or an employer.

Valuing personal injury claims depends on the accident victim’s individual circumstances.  An injury compensation claim comprises:-

(1)  GENERAL DAMAGES for the pain and suffering caused by the injury and any treatment

(2)  SPECIAL DAMAGES to reimburse financial losses incurred or expenses paid

Claims solicitors aim to recover full compensation for their clients and can normally offer a free service.

It is important to remember that to receive personal injury compensation the accident victim’s opponent must be found to be either partly or fully responsible for the accident and injury.  There will always be situations where no-one is at fault, when no compensation will be awarded.

Published in Truckstop News June 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “INJURIES COMMONLY SUFFERED BY TRUCKERS IN WORK ACCIDENTS”.

This article considers the types of injuries commonly suffered by truckers every day, while at work.  Highlighting particular accident situations and their consequences may help to increase awareness of the dangers they face.

An accident can happen at any time while at work.  This may be on the road driving from one depot to another, during the loading or unloading process, or even when simply walking around a company’s premises waiting for instructions or for a vehicle to be made ready. 

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

Published in Truckstop News – May 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “TRAILERS – HAZARDS THAT CAN RESULT IN ACCIDENTS”.

My many years’ experience of injury compensation claims made by truckers suggests that more problems arise when delivering or collecting a load than on the roads.  It is therefore not surprising that regulations place responsibilities on both employers and employees to help reduce the risk of injury.

Employers’ basic duties in this regard include:-

•  undertaking risk assessments and planning the loading and unloading of vehicles so as to avoid or minimise the need to work at height;
•  ensuring there are well designed access points to vehicles and trailers;
•  fitting additional safety equipment if necessary, eg access ladders or non-slip surfaces;
•  providing protective equipment, eg slip resistant footwear;
•  ensuring work equipment is well maintained;
•  recognising problems with particular vehicles and responding to suggestions, eg for preventing falls from those vehicles;
•  ensuring supervisors check how people get on and off vehicles, and enforce safe systems of work.

The law relating to vehicle insurance is to be tightened in an effort to reduce the number of motorists driving without insurance cover, which is currently around 6% of road users.

Alarmingly, statistics show that approximately 160 people are killed each year in road accidents in the UK involving uninsured drivers, with a further 23,000 people suffering a personal injury.

The innocent victims of these drivers, who suffer a personal injury and related financial loss, are still able to pursue car accident compensation claims through the Motor Insurers’ Bureau (“the MIB”), which is a body financed by all insurance companies.  However, that financing is actually provided by law abiding motorists as an extra £30 per year is added to their own insurance premium.

In future, it will become an offence not only to drive without vehicle insurance, but also to keep an uninsured vehicle.  Breach of this law will result in a penalty of up to £1,000 and may also lead to Court action to seize the vehicle in question.

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

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

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

Published in Truckstop News – April 2009.

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

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

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

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

Published in Truckstop News –  March 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “UNINSURED ROAD ACCIDENT CLAIMS AND THE MOTOR INSURERS’ BUREAU”.

The Motor Insurers’ Bureau (“MIB”) was established in 1946 as an organisation to deal with claims by innocent victims who have suffered personal injury or damage to their property because of a negligent uninsured or untraced driver.  The MIB has entered into agreements with the Government to provide financial compensation in these situations.

Under the Road Traffic Act 1988, every insurance company underwriting compulsory motor insurance is obliged to be a member of the MIB and to contribute to its funding.  A staggering one out of every 20 drivers is uninsured, and as a result every insured driver pays around £30 more for their premium to cover the claims settled by the MIB.

Mrs Margaretta Lewis of Worthing has received £20,000 in personal injury compensation following an accident claim when a badly installed heater fell and left her trapped beneath it for more than 24 hours. 

The 87 year old widow suffered such severe burns that she had to spend 6 weeks in hospital.  She also suffered a fractured hip and broken ankle. 

The injuries occurred when Mrs Lewis went to investigate a loud noise coming from a storage heater that a workman had fitted in her home 3 months earlier.  As she reached the heater it suddenly fell from its brackets, knocking her unconscious and pinning her to the floor.