TRUCK DRIVERS ACCIDENT COMPENSATION CLAIMS – READERS OF “TRUCKSTOP NEWS” SUCCESSFUL ACCIDENT CASES

September 3rd, 2009 Hinchliffes

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.

In this article I highlight 2 very different types of accident, and as with last month’s article the common trend that emerges is the effect on each individual’s life. They all suffered injury (with varying degrees of seriousness) and many lost income as a result, and also had to incur expenses (eg for medical treatment) that they would not otherwise have had to pay. 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, 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 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 1 – WORK ACCIDENT CLAIM

On 4 September 2004 Mr W (name withheld at client’s request) of Builth Wells, Powys was working as a truck driver. He was opening the curtain sides of his trailer, which were very stiff, and as he pulled them they jammed. This caused him to suffer an injury to his lower back. Within the following 12 months he was advised that he may require an operation and at the end of September 2005 Mr W contacted my firm. The necessary formalities were completed and at the beginning of November a letter of claim was sent to his employer. In early February 2006 their insurers denied liability for the accident, stating that there was nothing wrong with the trailer curtain. However, further investigation of the vehicle’s service records showed that the curtain had a history of jamming. All employers have a duty to provide their staff with a safe system of work, but when it comes to work equipment their liability is absolute. This means that if the equipment is defective, the law states that the employer is automatically responsible and must pay compensation for any resultant accident.

As part of the claims process Mr W was examined by a consultant, who felt that surgery should only be considered after a course of non-operative treatment. Although the denial of liability was maintained throughout, the insurers did not really rely on this and in fact funded the rehabilitation treatment.

Mr W’s symptoms took a considerable time to settle and during the period of his recovery he had to take time off work. His loss of earnings was included in the claim, together with a number of smaller financial claims for travelling to various medical appointments, prescription charges, etc.

In February 2007, almost 2½ years after the accident, the insurers settled the claim and Mr W recovered realistic compensation for his injury and financial losses, including his lost wages. However, there is no doubt that if his employer had maintained the trailer curtain properly, the accident would not have happened and Mr W would not have been placed in this position.

CASE STUDY 2 – ROAD ACCIDENT CLAIM

On 7 February 2006 Mr J Miles of Stowmarket, Suffolk was carrying out his usual waste bin collection routines in Ipswich. His lorry was parked and he had returned 2 wheelie bins to a house. Unbeknown to him a van had mounted the footpath so it could get past the parked lorry, and when Mr Miles turned to walk back to his vehicle the van struck him. As a result of the impact, he suffered an injury to his elbow, together with general bruising and discomfort. He had to take a couple of days off work, and could only carry out light duties for several weeks afterwards.

In common with many of my clients Mr Miles did not consider making a claim for personal injury compensation for several months. However, he instructed my firm and a letter of claim was sent to the van driver’s employer, whose insurers quickly replied stating that liability was denied as the van was proceeding correctly down the road. Despite strong arguments the insurers would not budge and it was necessary to issue Court proceedings. As with all of my firm’s clients who have to face the prospect of going to Court, Mr Miles was covered by legal expenses insurance. This provided protection against him having to pay legal costs in the event that the Judge at a trial found that the van driver was not at fault. I often find that people are reluctant to pursue a valid claim because of concerns about having to pay legal costs, but in practice this is rarely an issue due to the service that firms such as mine can offer.

A date for Mr Miles’ trial was set and his case was thoroughly prepared, as the insurers seemed determined to have their day in Court. However, as frequently happens, sense prevailed and a settlement of the claim was agreed a few weeks before the trial. Mr Miles’ injuries were relatively minor and, inclusive of his modest financial losses, he accepted compensation of £1,600, which he received in full. My firm’s costs were paid separately by the insurers, and because of their attitude in defending the claim, the final costs were significantly higher than if an early settlement had been achieved. If they had taken a more reasonable approach they could have saved a considerable sum, and Mr Miles need not have faced the worrying prospect of appearing in Court.

ENDS

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.