By Stephen Anderson. Last Updated 20th October 2023. If you’ve been in a lorry accident that wasn’t your fault, you could potentially claim compensation for your injuries. Usually, this will be against the other party’s insurance policy.
To make a successful road traffic accident personal injury claim, you would need to prove that your injuries were caused as a direct result of someone breaching their duty of care towards you. This guide will further explain what duty of care means and what desirable evidence types you could provide as proof.
Making a personal injury claim may sound complicated, which is why we recommend hiring a personal injury lawyer to help you with every step of the claims process. To do this, get in touch with our team of advisors today. They could connect you with an experienced solicitor from our panel if they think your claim has a good chance of success.
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- Can I Claim For Lorry Accident Injuries?
- Whiplash Reforms Explained
- Who Is Liable For A Lorry Accident?
- How Long Do I Have To Claim For A Lorry Accident or HGV Accident?
- Lorry Accident Compensation Calculator
- Talk To A No Win No Fee Lawyer
- Related Articles
All road users owe a duty of care, including HGV and lorry drivers. Per their duty of care, they must navigate the roads in a manner that reduces the risk of causing harm to themselves and others. Additionally, they must adhere to the regulations and rules set out for them in the Road Traffic Act 1988 and the Highway Code.
If you have been injured in a road traffic accident, such as a lorry or HGV crash, you may be able to make a personal injury claim. However, you will need to prove:
- You were owed a duty of care by another road user.
- This road user breached their duty of care.
- Due to this breach, you suffered an injury.
If you need more advice on whether you are eligible to make an HGV or lorry accident claim, then you can read on or contact our advisors for free today.
Whiplash is a common type of injury relating to road traffic accidents. The NHS describes it as a neck injury caused by a sudden head movement. You can claim compensation after a whiplash injury; however, recent changes in the law mean the process is now slightly different in certain circumstances.
These changes mean that whiplash injuries valued below £5,000 are now dealt with differently under the Whiplash Reform Program. According to recent changes, whiplash injuries valued under £5,000 should now be dealt with using an online portal.
However, even if you think this could be you, you may be undervaluing your injury, so it is always best to get in touch with us for more advice.
There could be a number of people who could be held liable for a lorry accident. Depending on who was at fault for the accident, you could claim against them for compensation. Some examples of people who could be held liable could be:
- The driver of the lorry or HGV
- The driver of another vehicle, such as a car
- The owner/party responsible for the maintenance of the vehicle
For example, since HGVs are most often used for business purposes, the employer could be the one in charge of the maintenance of the vehicle. If an employer was aware of a disrepair issue with a lorry but did not take action to fix it, that issue could then cause an accident and harm. If this occurs, you could then hold the employer liable for compensation.
The time limit for claims such as these is stated in the Limitation Act 1980. The general rule is that you have 3 years from the date you were injured in which to begin a claim. However, you may have been initially unaware that you were injured in a lorry accident at all. If so, you could use your date of knowledge as the start of your 3-year time limit.
Some other exceptions to this time limit include claims involving injured parties who are under the age of 18, or who have a reduced mental capacity.
Child injury claims
Until the child turns 18, they cannot make a claim by themselves. However, a litigation friend can be appointed to do so on their behalf. Before the injured child’s 18th birthday, their 3-year time limit is suspended, only beginning once they reach adulthood.
Claims on behalf of injured parties with a reduced mental capacity
Whether the condition is a result of the accident, or it pre-dates the accident, claimants under this category also cannot make their own claims. They can only do so if they ever recover. As with child injury claims, a litigation friend can step in. The time limit is also suspended until a suitable time.
The next two sections will look at the heads of claim that you could receive as part of your settlement after an HGV accident caused by negligence. General damages relate to the way you have been impacted by any physical and psychological injuries that have been caused by the accident. For instance, the pain and suffering they have caused as well as the impact on your quality of life. You should know that you can potentially claim for multiple injuries within the same claim if they were a result of the same accident.
However, you would only receive compensation from a road traffic accident claim if you could prove that the accident was a result of another person’s negligence. The Judicial College Guidelines (JCG) is often used by legal professionals to calculate what your settlement is worth.
The figures below have been taken from the most up-to-date guidelines, published in April 2022. Please remember that these figures are not guarantees. Every claim is unique and so the amount you could receive may be different from the amounts shown below.
Injury Severity Amount Notes
Brain Damage Moderate (i) £150,110 to £219,070 The person will suffer with a moderate to severe intellectual deficit. There is also a significant risk of epilepsy and a personality change.
Pelvis & Hip Moderate (i) £26,590 to £39,170 Compensation could be awarded here for injuries that have caused permanent but not major disabilities and future risk is not great.
Neck Moderate (i) £24,990 to £38,490
Compensation could be awarded here when severe symptoms may lead to long-lasting conditions or a severe soft tissue injury. There may also be functionality impairment or a worsening of a condition the claimant already had.
Back Moderate (ii) £12,510 to £27,760 Compensation could be awarded here for a ligament or muscle disturbance that has caused backache or an exacerbation of a pre-existing condition.
Wrist (c) £12,590 to £24,500 Compensation could be awarded here for lasting pain and where there could be permanent disability.
Shoulder Serious £12,770 to £19,200 Compensation could be awarded here for damage may have led to dislocation. There could be pain in the shoulder, neck, elbow and hand regions with a weakness of grip and restricted shoulder movement.
Teeth (i) £8,730 to £11,410
Compensation could be awarded here for the loss or serious damage to several front teeth.
Whiplash Tariff 2(1)(b) £4,345 A whiplash and psychological injury lasting more than 18 months but less than 24 months.
Whiplash Tariff 2(1)(a) £4,215 A whiplash injury only, lasting more than 18 months and less than 24 months.
How Much Compensation Could You Claim after a Lorry Accident?
When making a personal injury claim, special damages compensation can also contribute to the amount of compensation you receive. They can cover any financial losses you’ve suffered because of the injury. You would need evidence, such as receipts, bank statements and invoices, to prove the value of these losses.
Financial losses you could potentially receive compensation for in a road traffic accident claim include:
- Home adjustments. For example, you may need a stairlift to be installed due to the severity of your injury.
- Loss of earnings. If your injury is permanent or long-term, you could also claim for future loss of earnings. You would need evidence such as payslips to claim for this.
- Travel costs. For instance, you may be unable to drive due to the injury, meaning that you need to pay public transport costs.
- Medical expenses. This could include costs for prescriptions and rehabilitation.
To discover more about what you could receive as part of an HGV accident claim, please contact us for free legal advice using the details above. We can inform you of your claim eligibility and provide you with a compensation estimate.
If you’ve suffered after an HGV or lorry accident, going through the process of a claim can seem intimidating and stressful. You may also be concerned about your finances if you’ve had to take time off work, for example. However, you should know that the solicitors on our panel can offer you their services on a No Win No Fee basis.
No Win No Fee agreements are a means of funding your solicitor’s services and can be appealing if you’ve already suffered financially. It means you will not be required to pay any upfront or ongoing fees to your solicitor.
If your claim does not succeed, your solicitor would not require you to pay any solicitor fees. This is why our advisors will only connect you to a solicitor from our panel if they think your claim may have a good chance for success. They always have to consider the risk when taking on cases. On the other hand, this does mean that if your claim is taken on, they have high hopes for success.
Before taking on your case, your solicitor will discuss their success fee with you. The success fee is only deducted from your compensation amount once it is fully paid. So you don’t need to worry about being surprised by outgoings during the case. The success fee is also legally capped, meaning you should get to keep the majority of the compensation you’re awarded.
To find out more about how No Win No Fee agreements could benefit you or to potentially start a claim, get in touch with us today. Our team of advisors is available 24/7 to offer free legal advice.
- Call us on 0800 408 7825
- Use the contact form on our site
- Use our live chat to get instant responses
Thank you for reading our guide on how you could potentially make an HGV or lorry accident claim. We hope it answered any questions you may have had. Please see below for more relevant links.
Below-Knee Amputation of Both Legs Compensation Guide – This is a guide to how you could make a claim after an amputation injury.
Bicycle Accident Claims Guide – An article explaining how to make a bicycle accident claim.
Local Council Personal Injury Claims Guide – A guide on claiming compensation from your local council.
Royal Society for the Prevention of Accidents – A charity that provides advice and guidance on reducing the number of accidental injuries.
Road Traffic Act 1988 – The legislation covering driving and road offences.
Statutory Sick Pay – The government page on how you could claim SSP if you’ve needed to take time off work after an accident.
Thank you for reading our guide on HGV and lorry accident claims.