Successful Cases » HGV

LORRY DRIVER SUCCEEDS IN ROAD ACCIDENT CLAIM FOLLOWING COLLISION ON A ROUNDABOUT AND RECOVERS PERSONAL INJURY COMPENSATION FOR WHIPLASH INJURIES TO HIS NECK AND SHOULDERS

admin — Thu, 28 Jan 2010 14:45:45 +0000

Our client was driving his lorry around a roundabout when a vehicle unexpectedly pulled out in front of him causing him to brake. The driver of the vehicle behind failed to react quickly enough and a collision occurred. Our client sustained whiplash injuries to his neck and shoulders, which the medical expert believed would settle within a year of the accident. We were able to recover personal injury compensation for him of just under £2,500.

A brief summary of events is set out below.

Date of Accident: 29.10.2008

Time between formal instruction and successful conclusion: 4 months

How the claim proceeded: The negligent driver’s insurers accepted liability for the accident within 10 days of being notified of the claim.

Were Court proceedings necessary?: No

Was a trial necessary?: No – it was possible to settle the claim shortly after the medical evidence was obtained.

Outcome: The client secured £2,450 for his injuries and £43 for his modest financial losses.

Comment: This was a straightforward claim that settled without complications, however the accident could easily have been avoided if the negligent driver had been paying more attention to the traffic on the roundabout, and keeping a safer distance between himself and the vehicle in front of him.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered a similar accident, 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.

HGV DRIVER WHO FELL FROM CAR TRANSPORTER AND SUFFERED INJURIES TO HIS ANKLE KNEE AND SHIN SUCCEEDS IN ACCIDENT AT WORK CLAIM

admin — Tue, 22 Dec 2009 16:44:54 +0000

Our client was employed to drive a car transporter. After securing a car he was descending from the transporter when he placed his foot where there should have been a ladder. The area did not have a non-slip surface and he slipped causing him to fall several feet to the ground. He sustained soft tissue injuries to his shin and twisted his ankle and knee. The injuries caused him to be off work for 9 weeks, but he made a full recovery after about 7 months. We were able to recover personal injury compensation for him of just under £4,000.

A brief summary of events is set out below.

Date of Accident: 13.7.2008

Time between formal instruction and successful conclusion: 6 months

How the claim proceeded: His employer’s insurers took a long time to investigate the matter, which delayed settlement of the claim. However, 6 months after the letter of claim was sent, the insurers admitted liability.

Were Court proceedings necessary?: No

Was a trial necessary?: No – a settlement was agreed the same day that liability was admitted by the insurers.

Outcome: The client secured £2,250 for his injuries, together with a little over £1,600 for his financial losses (including lost earnings, travel costs and other necessary expenditure).

Comment: This accident could easily have been avoided if either the missing ladder had been replaced, or the area covered with a non-slip surface. Our client’s employer failed in their duty to provide him with a safe working environment and adequate work equipment.

PERSONAL INJURY CLAIM SOLICITORS:-

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.

COUNCIL WORKER SUSTAINS CRUSH INJURY TO THUMB WHEN TRANSFERRING A SOFA FROM A VAN TO A REFUSE WAGON AND RECOVERS PERSONAL INJURY COMPENSATION IN ACCIDENT AT WORK CLAIM

admin — Tue, 22 Dec 2009 16:33:40 +0000

Our client and a work colleague had collected a sofa using a transit van. When they returned to the yard they needed to transfer it into a large refuse wagon. They each took hold of one end and were planning to swing it from side to side, and on a count of “1, 2, 3” they would then throw it into the wagon. However, our client’s colleague let go of the sofa on the count of “1”, resulting in our client’s left thumb being crushed between the sofa and the wagon. He suffered a crush injury, with damage to his nail that became infected. There were issues over liability which limited what we were able to recover in personal injury compensation for him to £1,100.

A brief summary of events is set out below.

Date of Accident: 8.1.2009

Time between formal instruction and successful conclusion: 9 months

How the claim proceeded: Liability was denied by the employer’s insurers on the basis that they could find no record of the accident, despite our client stating that he had reported it the day it happened. However, a visit to his GP that day also supported the accident circumstances. The insurers then disputed how the injury occurred, bearing in mind the equipment available for the task. Liability was denied throughout the whole of the claim.

Were Court proceedings necessary?: No

Was a trial necessary?: No – despite the insurers’ position on liability, they recognised the risk that they might lose if the matter was decided by the Court. They therefore made a commercial offer to settle the claim, which our client was prepared to accept.

Outcome: The client secured £1,050 for his injuries and £50 for modest financial losses.

Comment: Our client’s claim was on the basis that his employer had failed to fully assess the potential risks involved with this manual handling task. Also, that his colleague’s negligent actions resulted in the injury, and an employer is held responsible for the conduct of all their employees during the course of their work. There was a risk that our client could have lost at a trial or been found partly at fault, and although the settlement was not at a full valuation of the claim it was sufficient to resolve the matter.

PERSONAL INJURY CLAIM SOLICITORS:-

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.

LORRY DRIVER RECEIVES PERSONAL INJURY COMPENSATION FOR WHIPLASH INJURY IN ROAD ACCIDENT CLAIM

admin — Tue, 22 Dec 2009 16:11:55 +0000

Our client was driving along a road when a car pulled out from a parked position to his left, causing a collision. He sustained a whiplash injury affecting his neck and shoulder. He was unable to work for a few weeks, but soon made a full recovery and we were able to recover personal injury compensation for him of £1,600.

A brief summary of events is set out below.

Date of Accident: 22.12.2008

Time between formal instruction and successful conclusion: 6 months

How the claim proceeded: Liability was admitted by the other driver’s insurers after 3 months.

Were Court proceedings necessary?: No

Was a trial necessary?: No – once medical evidence was finalised it was possible to reach a settlement.

Outcome: The client secured £1,000 for his injuries and £600 for his financial losses (including lost earnings, travel costs and medical expenses).

Comment: As with most road traffic accidents, this could easily have been avoided if the other driver had looked before pulling out from their parked position.

PERSONAL INJURY CLAIM SOLICITORS:-

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.

HGV DRIVER SUCCEEDS IN RECOVERING PERSONAL INJURY COMPENSATION IN WORK ACCIDENT CLAIM AFTER INJURING HIS BACK DUE TO FAULTY HINGES ON CONTAINER DOORS

admin — Tue, 22 Dec 2009 16:02:47 +0000

Our client was delivering a large container while working as an HGV driver. When he arrived at the delivery destination he had to open the rear doors of the container, which were very stiff due to the hinges not working properly. He therefore had to apply more force to the doors than would have otherwise been required, and suffered an injury to his lower back. He had a history of lower back problems and the medical expert believed the symptoms had been made worse for a period of 3 months. We were able to recover personal injury compensation for him of £1,700.

A brief summary of events is set out below.

Date of Accident: 30.10.2008

Time between formal instruction and successful conclusion: 6 months

How the claim proceeded: Liability was admitted on behalf of his employer 4½ months after the letter of claim was sent.

Were Court proceedings necessary?: No

Was a trial necessary?: No – a settlement was agreed shortly after medical evidence was received.

Outcome: The client secured £1,650 for his injuries, together with £50 for his modest travel expenses.

Comment: This is a claim which could easily have been avoided by the employer if they had maintained the container properly. All that would have been required was regular oiling of the hinges and the accident would probably never have happened. Once our client was able to prove that the accident was caused by faulty work equipment, his claim was bound to succeed because of the stringent duties imposed by the Provision and Use of Work Equipment Regulations.

PERSONAL INJURY CLAIM SOLICITORS:-

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.

LORRY DRIVER SUFFERS CHEST INJURY CAUSED BY FAULTY WORK EQUIPMENT AND RECEIVES PERSONAL INJURY COMPENSATION IN WORK ACCIDENT CLAIM

admin — Thu, 17 Dec 2009 15:50:29 +0000

Our client was making a delivery in Germany using a trailer, the height of which could be adjusted. While in transit the roof is in its lowest position, and is then raised for loading and unloading. The height of the trailer roof was adjusted by turning handles, and after unloading had been completed our client was about to lower the roof when one of the handles swung and struck his chest. He initially thought he may have broken some ribs, but it turned out he had suffered a soft tissue injury and was able to make a full recovery within 8 weeks. We were able to recover personal injury compensation for him of just over £1,500.

A brief summary of events is set out below.

Date of Accident: 13.6.2007

Time between formal instruction and successful conclusion: 4½ months

How the claim proceeded: His employer’s insurers admitted liability within a few weeks of being notified of the claim.

Were Court proceedings necessary?: No

Was a trial necessary?: No – a settlement was negotiated fairly swiftly once a medical report was obtained.

Outcome: The client secured £1,500 for his injuries and just over £46 for his financial losses (including travel costs, medical treatment fees and replacement of his damaged shirt).

Comment: This claim was straight forward to pursue because of the strict provisions imposed on employers by Regulations regarding work equipment. It does not matter whether the employer was aware of a fault with the equipment (in this case the handle on the trailer), and if someone suffers injury because of that fault their claim for compensation should succeed.

PERSONAL INJURY CLAIM SOLICITORS:-

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.

DELIVERY DRIVER INJURES ELBOW AND UPPER BACK WHEN STRUCK BY A BARREL AND RECOVERS DAMAGES IN WORK ACCIDENT COMPENSATION CLAIM

admin — Thu, 17 Dec 2009 15:27:32 +0000

Our client was making a delivery and needed to get to a pallet on his trailer. To do so he had to move another pallet that had a barrel on it containing chemicals. The barrel was upright and secured to the pallet by a single plastic strap over the top of it. Our client had to use a manual pump truck, which was too big for the task. As he moved the pallet the strap became loose causing the barrel to topple and flip over. The movement of the pallet and pump truck caused our client to be knocked over on to the floor of the trailer. The barrel then fell on his outstretched arm. He sustained an injury to his right elbow and upper back and we were able to recover personal injury compensation for him of just under £2,400.

A brief summary of events is set out below.

Date of Accident: 1.9.2008

Time between formal instruction and successful conclusion: 5 months

How the claim proceeded: His employer’s insurers denied liability on the basis that he had been adequately trained about the safety of loads and that risk assessments had been carried out. However, it was apparent that the employer had breached their own safe working procedures for loading and unloading, and had provided him with an unsuitable pallet truck for the task he was required to do.

Were Court proceedings necessary?: No

Was a trial necessary?: No – the denial of liability was maintained throughout the claim, but just as Court proceedings were about to be issued it was possible to negotiate a settlement with the insurers.

Outcome: The client secured £1,700 for his injuries and just under £700 for his financial losses (including lost earnings, travel and care expenses).

Comment: This accident could have been avoided had the employer followed their own health and safety procedures in ensuring that the barrel was adequately secured to the pallet, and also if they had provided him with work equipment (ie a pump truck) that was appropriate for the job.

PERSONAL INJURY CLAIM SOLICITORS:-

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.

HGV DRIVER SUSTAINS FRACTURE TO VERTEBRAE AFTER FALLING FROM TRAILER AND RECOVERS CONSIDERABLE PERSONAL INJURY COMPENSATION IN ACCIDENT AT WORK CLAIM

admin — Thu, 17 Dec 2009 14:38:31 +0000

Our client was delivering a caterpillar vehicle and bucket. The caterpillar had already been loaded onto the trailer by another party, but it had been incorrectly strapped, which meant that the bucket would not fit. As the load had to be secure before he started his journey, our client removed the strapping and was re-doing this when he fell from the edge of the trailer. This was because there was very little space for him to work in between the edge of the trailer and the caterpillar. He sustained a fracture to one of the vertebrae in his lower back and was in hospital for several days. We were able to recover personal injury compensation for him of just over £6,500.

A brief summary of events is set out below.

Date of Accident: 6.4.2009

Time between formal instruction and successful conclusion: 5½ months

How the claim proceeded: After the matter was investigated, his employer’s insurers admitted liability for the accident.

Were Court proceedings necessary?: No

Was a trial necessary?: No – once a medical report had been obtained, the claim settled fairly quickly.

Outcome: The client secured £3,500 for his injuries and just over £3,000 for his financial losses (which included significant lost earnings, travelling expenses and various medical and general expenses).

Comment: A colleague had suffered a similar accident two years earlier and the employer was advised by the Health and Safety Executive to place mobile platforms against the side of trailers while they were loaded. They failed to do so. Had this procedure been followed, our client’s accident could have been prevented.

PERSONAL INJURY CLAIM SOLICITORS:-

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.