Published in Truckstop News September 2009.

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

Continuing his review of successfully compleed accident claims, Steven Hinchliffe looks at various situations experienced by readers of Truckstop News that ultimately lead to an award of personal injury compensation.

All of the accident victims mentioned 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, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News – and some of the names referred to may be familiar to you.

Hinchliffes Solicitors, a leading firm of personal injury compensation claims solicitors, issue a warning to everyone involved with Fork Lift Trucks (“FLTs”) highlighting the dangers associated with this type of equipment, particularly during the month of September.

According to statistics gathered by the Fork Lift Truck Association, September is the “deadliest” month of the year for accidents involving FLTs.  Accidents frequently occur when FLT drivers or pedestrians in warehouses are distracted, or simply assume that they have been seen by the other party.  Most of these accidents are entirely avoidable.  In respect of those that happen because of the failure of an employer to have a safe system of work in place, or because of the negligence of a colleague, the injured person may well have a strong claim for personal injury compensation against the employer (who will also be responsible for the actions of their workforce).

Hinchliffes Solicitors, a leading firm of personal injury compensation claims solicitors, say that recent research shows the number of children and young people injured in road traffic accidents in the morning rush hour has reduced considerably.  Between January and June 2008 there were 344 road accidents involving children, but for the same period in 2009 this number dropped to 228.  Some commentators suggest the recession may be linked to the reduction in this type of accident, occurring at the time of the morning “school run”.

Solicitor Steven Hinchliffe, who is the Principal and owner of Hinchliffes Solicitors, said:  “Fuel prices and the other overhead costs involved in running a car have become a great burden on many families during the current economic downturn.  Many parents are now walking their children to school rather than travelling in the family car.  Fewer car journeys have resulted in a reduction in accidents, and which is a good thing.”

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

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

Many workers suffer with back pain caused by various factors, including the requirement to lift objects or perform general manual handling tasks while at work.  They may experience instant discomfort caused by a specific accident, or a gradual onset of symptoms over a period of time that would be classed as an industrial disease.  These situations often result in the injured person making an accident compensation claim against their employer.

The term “manual handling” is used to describe a wide variety of work related tasks, including lifting, lowering, pushing, pulling, carrying, moving and holding or restraining an object, animal or person.

Although back injuries are common in this type of accident at work claim, other more serious injuries may also be caused, for example muscle or tendon damage.  Also, heart conditions may arise because of the nature of the initial injuries suffered and the length of time they take to heal.  These types of incidents at work often lead to a successful work accident claim, with the injured person receiving significant personal injury compensation.

Published in Truckstop News August 2009.

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

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

All of the accident victims mentioned in this series of articles are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of names referred to.

In each article I will highlight several different types of accident, but the common trend that will emerge is the effect on each individual’s life.  They all suffered injury (with varying degrees of seriousness) and many lost income as a result, along with other financial losses.  Although using the process of law as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  The basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

A man who was unable to work for 5 months after being trampled by a herd of cows is to receive over £10,000 in personal injury compensation from the negligent landowner.

Inspector Chris Poole made his injury compensation claim for injuries including a punctured lung; 4 broken ribs and a severed artery, which he suffered when he was crushed by a herd of around 30 cattle while walking his dog on the Sussex Downs.

Roads present a dangerous challenge, especially when you have to cope with icy roads, bad weather and increased congestion caused by seasonal holiday traffic, not to mention the reckless behaviour of drivers who may have been drinking alcohol or distracted by a phone call.  One lapse in concentration and you could become involved in a road accident claim.

10,000 road accidents occur every day, which result in 300,000 injuries, and many of these incidents ending up with road accident claims being made against the negligent driver.  Factors leading to accidents include vehicle failure and the poor condition of the roads themselves, but 90% of accidents are as a result of human error.

It has been suggested by the Department for Transport (“DfT”) that the number of fatalities and injuries caused in road accident cases reduced in 2007/2008 compared to the statistics for 2006/2007.

The DfT suggest that the overall number of relevant road accidents had reduced by 5%.  They also indicate that there was a 4% reduction for motorcycle accidents, however the number of cyclists either killed or injured increased by 5%.  The findings are based on the number of road accidents reported to the Police in the UK during the first 3 months of 2008.

Statistics indicate that in the UK between 2000 and 2005 there were 3,637 road accidents resulting from oil or diesel spills.  Of these, 617 resulted in either death or serious injury.

Deposits of oil or diesel on the road leave the surface as slippery as if black ice had formed, with a potentially catastrophic effect on unsuspecting road users.  In the long term, diesel will melt the tarmac surface, which can result in the creation of potholes.  Most spills are from trucks and lorries. 

If a road accident results from such a spill and someone is injured, even though the person responsible for the spill is unlikely to be identified, claims for injury compensation can still be made against the Motor Insurers Bureau (MIB).  That body acts on behalf of the insurance industry and steps in to compensate people injured in road accidents where the responsible party is either uninsured or untraced.