According to the road safety charity Brake on road safety, in 2022 28,941 people suffered serious injuries in road traffic accidents. Being involved in a road traffic accident with a lorry or other Heavy Goods Vehicle (HGV) could be terrifying. The size, weight and speed of an HGV could mean that any impact with you or your vehicle could be much more serious than other types of road accidents. If you have been injured in an HGV accident you can find out how to make an HGV accident claim in this guide.
We look at what HGV accidents are, the criteria you need to meet in order to make an injury claim, the role of negligence in HGV accidents and what to do after a lorry or HGV accident. We then look at how compensation may be calculated and how a No Win No Fee solicitor could help you.
For more information on HGV road traffic accident claims, please contact one of our advisors. You can do so by:
- Calling an advisor on 0800 408 7825.
- You can get advice online using our chat.
- You can send a message using our ‘contact us’ page.
Jump To A Section
- What Is An HGV Accident?
- Can I Make An HGV Accident Claim?
- How Can A Lorry Accident Be Caused By Negligence?
- What Should I Do After An HGV Accident?
- How Much Compensation For A Lorry Accident?
- Why Make An HGV Accident Claim On A No Win No Fee Basis?
- More Resources About Road Traffic Accident Claims
What Is An HGV Accident?
Before we look at how you could make an HGV accident claim, we will briefly look at what an HGV or lorry accident is.
A Heavy Goods Vehicle is a truck with a weight of more than 3.5 tonnes. An HGV accident is any type of road traffic accident which involves this type of vehicle. HGV accidents could be caused by,
- An HGV or lorry driver being at fault.
- Another road user being at fault.
- Poor road conditions.
- Adverse weather conditions.
- A lack of proper vehicle maintenance.
Examples of accidents involving lorries and other Heavy Goods Vehicles may be:
- An HGV striking a pedestrian at a zebra crossing.
- An HGV hitting another road user, such as a motorcyclist, due to reckless driving. This could lead to a motorcycle accident.
- A vehicle reversing into another where they are not paying due care and attention to other road users.
You can learn more about HGV safety in this government driver information resource. Contact us to find out if you could make an HGV accident claim.
Can I Make An HGV Accident Claim?
In order to make an HGV accident claim you need to be able to show that:
- Another road user owed you a duty of care. All road users must act in compliance with The Road Traffic Act 1988 and The Highway Code.
- That another road user acted negligently, such as by driving recklessly or under the influence of alcohol, causing an accident.
That this accident caused you injuries.
Whether the driver of a vehicle or a pedestrian, you have a duty to ensure that you do not put other road users at unlawful or unnecessary risk of injury. Lorry drivers must pay particular care and attention to other road users. This is because under the hierarchy of road users (put forth in changes to The Highway Code) those who are in charge of a vehicle which could cause the greatest degree of damage have the greatest responsibility to ensure the safety of others.
If you have been injured due to another road users negligence, you could make an HGV accident claim. Contact us for further information.
How Can A Lorry Accident Be Caused By Negligence?
Next we will look at how negligence by an HGV driver could cause an accident.
- An HGV or lorry driver must pay due care and attention to vehicles around them. They have a larger blind spot than other vehicles and must take account of this when manoeuvring. If they are pulling out of a junction or onto a roundabout they should thoroughly check for other vehicles before moving. If they do not, they could collide with another vehicle.
- Lorry drivers must comply with rules on driver’s hours. They must ensure that they take regular and adequate breaks to prevent fatigue. According to the charity Brake!, driver fatigue is responsible for 10% – 20% of vehicle accidents.
- Using a hand-held mobile phone is illegal whilst driving. If a lorry driver does so, they could lose control of the vehicle or fail to pay due care and attention to other road users. Government statistics show that in 2022 22 people died in road accidents in which mobile phone use was a contributory factor.
- Driving over the speed limit was responsible for almost 20% of reported road fatalities in 2022. Driving over the speed limit in an HGV may leave the driver unable to stop if another vehicle stops suddenly or another hazard arises.
How Many Road Fatalities Involve HGV Drivers?
According to government statistics already highlighted, there were 220 fatal reported road casualties involving HGVs as well as 214 which involved LGVs.
Our team can help with a variety of HGV accident claims, such as for nerve damage. Learn how by contacting our team about your lorry accident.
What Should I Do After An HGV Accident?
If you have been injured in a lorry accident or other HGV accident there are steps which you could take to increase your chances of making a successful claim. The most important step that you can take is to ensure that you get any medical care you need. Your injuries should be assessed and treated by a medical professional.
Other steps you could take other steps such as swapping contact and insurance details with the other party or parties involved in the accident.
Once your injuries have been treated and you have exchanged details, you can collect evidence such as:
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- Police reports concerning the incident.
- Medical records detailing your physical or mental injuries, what treatment you have had and your future prognosis.
- Photographs of the scene of the accident.
- Footage from a dashcam, CCTV or other devices.
- Witness details.
- Proof of the financial impact this accident and injuries have had on you, such as being unable to work, losing income and facing medical costs.
You will need evidence to support your HGV accident claim. In general, personal injury claims are handled by insurance companies. The defendant’s insurance provider will want to see proof that the defendant acted in a negligent way and that this caused the accident and resulting injuries.
Find out more about the HGV accident claim process, please contact an advisor today.
How Much Compensation For A Lorry Accident?
How much compensation may be awarded will differ depending on what injury the accident caused, how severe it was and any other impact of the incident. This means that we can not say how much your HGV accident claim may be awarded without seeing the specific circumstances of your case.
The amount of HGV accident compensation you may be awarded for a broken back could vary considerably to that for a punctured lung. When estimating how much compensation lorry accidents may be awarded for injuries, parties such as solicitors may use guidelines from the Judicial College (JC).
The JC contains guidelines on what could be awarded for different types of injuries, such as those which could be awarded for lorry accidents.
Below are examples of compensation guidelines for different injuries. The figure in row one is not taken from the JC.
| Injury | Severity | Compensation guideline |
|---|---|---|
| Multiple injuries which are serious as well as special damages. | Severe to serious | Up to £1,000,000+ with special damages. |
| Brain damage | A - very severe | £344,150 to £493,000 |
| Brain damage | B - moderately severe | £267,340 to £344,150 |
| Neck injury | A - severe - (i) | Around £181,020 |
| Back injury | A - Severe (ii) | £90,510 to £107,910 |
| Pelvic injury | A - Severe (ii) | £75,550 to £95,680 |
| Shoulder injury | A - Severe | £23,430 to £58,610 |
| Knee injuries | B - Moderate (ii) | Up to £16,770 |
| Whiplash | 18 - 24 months | £4,215 |
| Whiplash | 15 - 18 months | £3,005 |
In addition to the damages above, you could also be entitled to claim compensation for the financial impact of your injuries. These damages are called special damages and could compensate for lost earnings, medical costs, travelling to medical appointments and property damage.
For more information on what special damages are and how they are calculated, please contact a personal injury solicitor from our panel.
How To Claim Compensation For Whiplash and Minor Injuries
In some cases an HGV accident claim may be made using a different method. This is set out in The Whiplash Injury Regulations 2021. Your claim for a lorry or HGV accident may be processed differently if:
- You are over the age of eighteen,
- Were a driver or passenger injured in a road traffic accident (such as a lorry and HGV accident),
- You suffered a minor injury,
- Your injuries are valued at £5,000 or less.
If you sustained multiple injuries which are valued at more than £5,000, or suffered a single injury valued higher than that, your claim will be handled in the standard way.
Our team can provide more information on how to claim for whiplash injuries.
Why Make An HGV Accident Claim On A No Win No Fee Basis?
At Public Interest Lawyers we work with a dedicated panel of expert personal injury solicitors. They are experienced in helping people to make HGV accident claims and could help you. Through a No Win No Fee agreement, a solicitor from our panel could:
- Help to collect evidence.
- Organise a medical assessment of your injuries.
- Provide their services without upfront or ongoing payments for their work.
If you do not win your claim, there will be no payment needed for their work. If your claim is successful, you will pay a success fee to the solicitor. This fee (which is legally capped) will be set out in your Conditional Fee Agreement.
- Call a member of our team 0800 408 7825.
- Contact an advisor online.
- Use the ‘contact us’ page to send a message to our team.
More Resources About Road Traffic Accident Claims
Here you can find further resources relevant to road traffic accident claims.
- In this guide to claiming compensation for a bicycle accident you can learn more about how to make a successful claim.
- A local council may be responsible for the maintenance of the roads. If they failed to do so and you had an accident as a result, you could claim compensation.
- This resource looks at how much compensation may be paid out for a below the knee amputation of both legs following a serious accident.
References
- Find out more about lorries in the workplace in this guide.
- Learn more about vehicle safety and maintenance in this government guide.
- Check your entitlement to statutory sick pay on this government resource.
We hope our guide to making an HGV accident claim has helped you. For more information, please contact us to find out if a No Win No Fee solicitor could help you.