By Danielle Newton. Last Updated 31st July 2023. If you were hit by an HGV, you may be able to file a personal injury claim against the driver. This is possible if they are responsible for the accident. When you are injured in an HGV accident, you could be seriously injured. If you were the driver of the heavy goods vehicle and the accident was caused by another liable party, you could seek damages. If the accident was caused due to poorly maintained road surfaces, the local authority responsible for the roads could be liable.
It is important to mention that there have been recent changes to the law on how drivers and passengers inside vehicles can make a personal injury claim. If you were to suffer an injury valued at £5000 or less, it would fall under what is referred to as the Whiplash Reform Programme. That said, some road users are excluded which includes cyclists, motorcyclists, pedestrians and sidecar passengers. We can explain this process to you if you give our advisors a quick call.
Our guide explains how to go about making an HGV accident claim, and how this type of accident could happen. You’ll also find information on the sort of damages you could seek when you make a successful personal injury claim.
To find out more about HGV accident claims, and to see whether your claim could be valid, please click on the sections that follow. Alternatively, if you want to speak to an adviser, please do so by calling our freephone number 0800 408 7825.
Select A Section
- What Is A HGV Accident Claim?
- Types of HGV Driver Negligence That Cause Lorry Accidents
- Types Of Heavy Goods Vehicle Accidents
- Causes Of HGV Accidents
- Pedestrian Collisions With HGV’s
- HGV Accidents – How Long Do I Have To Claim?
- HGV Accident Compensation Claims Calculator
- Begin Your HGV Accident And Injury Claim
You could be injured in an HGV accident when you are the driver of the vehicle or as another road user. You could be driving another car, walking on a pavement, or you could be on a bike or a motorbike. The accident could happen due to a number of reasons which includes:
- Poorly maintained road surfaces
- Adverse weather conditions
- Driver error
- Unroadworthy vehicles
- Driving without due care and attention
- Drivers are under the influence of drugs or alcohol
- Cyclists making dangerous turns
- Pedestrian running out into the road.
However, not all of these causes above will mean a personal injury claim can be made when someone is injured. To make a valid personal injury claim for harm caused after an accident these three points must be proven;
- You were owed a duty of care, and
- This duty was breached, that
- Lead to an injury being caused because of this negligence.
You may be able to file a personal injury claim against the party responsible.
Call an adviser for more details on how to go about seeking compensation. A member of our team will review your case if they can see that another party was liable for your suffering or part of it then they could connect you to a personal injury solicitor.
Duty of Care
A duty of care can be defined as a responsibility placed on a party or person to either:
- Ensure that their actions do not negatively impact or cause harm to others
- Ensure that their services are safe and do not put people at risk of harm
Failing to fulfil this duty can be known as a breach of duty of care or negligence. When this occurs, and people are harmed as a result, this is when claims could be made.
If you are injured in an accident with an HGV, the driver of the HGV will have owed you a duty of care as a road user. You would need to prove that the HGV crash was their fault to make a claim successfully.
To find out how you could do this, get in touch with us at any time.
Other Examples Of Duty of Care
As per the Road Traffic Act 1988 every road user owes a duty of care to each other. Every road user has to ensure that their actions are in line with the rules of the road and they are not taking reckless or careless actions that could negatively impact others. If negligent actions led to your crash with the HGV, you could be eligible to make a claim against the faulting party.
If the crash with the HGV was caused by a damaged road, then the local authority in charge of the road may have breached their duty of care. As per the Highways Act 1980, it is the local authority’s responsibility to ensure that public roads are practically safe for use. If they failed to attend to a known hazard within a reasonable amount of time, they could be liable for the caused injury.
If you were the driver of a heavy goods vehicle, and your accident was caused by a faulty vehicle, you could be eligible to make a claim against your employer if they had provided the vehicle to you. As per the Health and Safety at Work etc Act 1974 your employer is responsible for your health and safety, ensuring that any equipment they provide you with is practically safe. They could be liable for your injury if they failed to take actions such as a prior inspection of the vehicle or making sure it was serviced.
If you were injured in a crash with an HGV, please reach out to one of our advisors for information and help with beginning a claim.
Road Casualties and Left Hand Drive HGV Accident Statistics
According to statistics released by The Royal Society for the Prevention of Accidents (RoSPA) for road accidents involving HGV’s reported to the police in Britain during 2019, there were:
- 251 deaths
- 1,111 severe injuries
- 4,172 minor injuries
Of the total number of accidents reported, RoSPA found that accidents involving foreign-registered left-hand drive HGVs accounted for:
- 7 deaths
- 32 serious injuries
- 146 minor injuries
To find out if your accident that caused your injury involving an HGV could mean you may be eligible to claim compensation call our advisors for free legal advice. They will assess your case and provide you with the best course of action to take.
In order to be eligible to claim for injuries suffered in a road traffic accident, you must be able to prove that your injuries were caused when the HGV driver failed to adhere to road safety rules and regulations. This is known as driver negligence.
Some examples of lorry accidents that can occur when a HGV driver fails to adhere to their duty of care include:
- The driver may fail to follow the road markings and signs. For example, if they fail to stop at a red light, an accident could occur.
- Dangerous manoeuvres, such as failing to indicate, can also cause an accident.
- The driver may be fatigued, under the influence of drugs or alcohol or using their mobile phone, which can result in a crash.
Under Rule 204 of the Highway Code, certain road users have more responsibility than others. Those who can cause the greatest harm have the greatest responsibility to reduce the danger or threat they pose to others. This means that although all road users owe each other a duty of care, lorry drivers have more responsibility than others to prevent damage to themselves and others.
If you were injured in a road traffic accident involving a lorry, get in touch with one of our advisors. They can assess whether you have valid grounds to claim compensation.
A heavy goods vehicle accident could happen for a variety of reasons as detailed above. That said, a claim could be possible if you get injured in the following ways:
- An HGV driver was at fault and caused the accident
- Bad road conditions were the cause of an accident which may mean a local authority could be responsible
- Another driver caused a road traffic accident involving an HGV
- An HGV failed to stop at a crossing and a pedestrian was injured.
All road users, vehicle drivers, motorbike users, cyclists, pedestrians, those who use mobility scooters all have a duty of care to keep each other safe. This is part of the Road Traffic Act 1988 and the Highway Code. When a road user breaches its duty of care this makes others vulnerable to harm that could have been avoided.
Pedestrian collisions with HGVs can leave a person severely injured. Their lives could be changed forever. To be able to make a claim because you have been injured as a pedestrian in an HGV accident you must be able to show that the HGV driver was at fault or at least partially at fault for causing the accident. When the accident is totally the pedestrian’s fault then no claim can be made. If you are wondering whether you could make a personal injury claim after this type of accident you should seek legal advice. Call our team today to see if you can make a pedestrian accident claim against the party deemed liable.
Call us today and find out whether you have grounds to sue. A member of our team will answer all your questions. When we determine you have a strong claim against a liable party, we could introduce you to a personal injury lawyer from our panel. They could represent you on a No Win No Fee basis.
There is a time limit to starting a claim. If you’re claiming for a HGV accident that has caused you injury due to negligence, your time limit to start a claim will either:
- 3 years from the date of your HGV accident
- 3 years from the date you were made aware you suffered an injury from the accident – this is commonly the date you receive your medical diagnosis
However, exceptions do exist to this time limit. HGV accidents can result in serious injuries that severely harm or limit a person’s physical or mental capabilities and leave them unable to start a claim. For incidents such as these, the Limitation Act 1980 states that their time limit can be extended – with their 3 year period only beginning when they are mentally able to start a claim.
A similar exception exists for people injured under the age of 18. As they cannot represent themselves in a claim until the date of their 18th birthday, their time limit will only begin on that date.
People who cannot represent themselves in a claim can be represented by a litigation friend; a position that can be appointed by friends, family or the court.
If you have concerns about your time limit please reach out to a member of our team. They can give you more information about claiming for injuries sustained in HGV accidents in the UK.
You may wonder what the typical payouts for a personal injury in the UK are. As various factors will impact your road traffic accident claim, there is no typical payout we can provide. We examine some of the factors below.
Firstly, your road traffic accident claim will seek to compensate for your pain and suffering. This is done under general damages. We’ve provided a list of compensation payout brackets from the 16th edition of the Judicial College Guidelines (JCG) below. The JCG is a document that legal professionals use to help calculate general damages. As such, our examples in the table below should only be taken as guideline figures and are not representative of what you may receive in a successful road traffic injury claim.
|Type of injury
|Severity of the injury
|Potential general damages awarded based on the Judicial College Guidelines (JCG)
|Claimants sustains damage to the nerves in their back, leading to numbness and mobility issues
|£74,160 to £88,430
|Permanent and substantial disability
|Claimant sustains a severe fracture to one or both forearms resulting in a permanent disability
|£39,170 to £59,860
|Claimant sustains complicated or multiple fractures to one leg
|£27,760 to £39,200
|Claimant sustains an injury where reduced function is evident but surgery is not needed
|£15,650 to £32,010
|Claimant sustains crushing injuries and loses some degree of mobility in a hand
|£14,450 to £29,000
|Claimant sustains soft tissue damage, fractures, ligament tears that cause issues with stability on uneven ground.
|£13,740 to £26,590
|Claimant sustains dislocations, meniscus tears or torn cartilages.
|£14,840 to £26,190
|Claimant sustains a displaced foot fracture resulting in ongoing symptoms pain and discomfort
|£13,740 to £24,990
|Claimant sustains a level of disability
|£12,590 to £24,500
|Little fingers and ring finger
|Claimant undergoes the amputation of a little finger and ring finger
|In the region of £21,810
|With psychological damage
|The claimant suffers with the symptoms of whiplash and a psychological injury for 18-24 months.
|Without psychological damage
|The claimant suffers with whiplash symptoms lasting for 18-24 months.
As we stated earlier on, your road traffic injury may fall under the Whiplash Reforms. In that case, your list of compensation payouts may come from the Whiplash Injury Regulations 2021.
You may find that your road traffic accident claim compensation has a second head called special damages. This head could recover any expenses incurred due to your injuries. To qualify for special damages, you might be expected to prove your expenses, such as by submitting receipts or payslips.
As part of a traffic injury claim, special damages could help recover:
- Travel costs.
- Medical costs.
- Loss of earnings.
- Care costs.
Call our advisors for a free estimate of the value of your road traffic accident claim.
Call an adviser today and find out whether you can make a No Win No Fee HGV accident claim. A solicitor from our panel will first review the details of your case and if they agree to act on your behalf, they will send you a Conditional Fee Agreement (CFA). Once you sign and return the CFA, the solicitor will immediately start work on your claim without asking for an upfront fee. A No Win No Fee agreement is a legally binding contract that sets out the following:
- You pay a solicitor a success fee when you win your HGV accident claim
- If your claim fails, you don’t pay the success fee
Call us today and find out how we can be of assistance. A personal injury lawyer from our panel could take on your claim on a No Win No Fee basis. You can speak to an adviser by:
- Calling 0800 408 7825 – all calls are free and our lines are open 7 days a week 24 hours a day.
- Filling out our online claims form
Road Traffic Accident Resources
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