How To Claim For An HGV Accident
Have you been injured in an HGV accident? This guide looks at who could claim personal injury compensation if they have been involved in a road accident with an HGV.
There are different ways you could be injured in an HGV accident; you could be the driver of the HGV, a driver or passenger of a vehicle, motorbike or cyclist injured in a collision with an HGV, or you could be a pedestrian. This guide will look closely at the eligibility to make a personal injury claim if involved in an HGV accident.
UK Law can help you claim the compensation you deserve. We can offer you free legal advice about making a compensation claim for an accident on the roads. And if you are eligible, we can appoint a skilled lawyer from our panel to handle your claim.
To see if you can claim compensation, please get in touch with our team today:
- Dial 020 3870 4868 to discuss your claim with a specialist
- Request to begin your claim online
- Or speak to our team using our Live Support widget
Select A Section
- What Is An HGV Accident?
- Common Causes Of HGV Accidents
- HGV Accidents Involving Pedestrians
- Who Could You Make A HGV Accident Claim Against?
- Check Examples Of Personal Injury Claim Payouts
- Talk To Us About Your Case
A heavy goods vehicle accident can involve another vehicle, motorbike, cyclist, pedestrian or a static object. In this guide, we will use the terms HGV and lorry interchangeably.
Heavy goods vehicles are large vehicles. Due to their size and weight, they are more responsible for keeping smaller vehicles and vulnerable road users safe. Vulnerable road users are more likely to suffer severe injuries if involved in an accident. For example, one HGV occupant experienced a fatal accident per billion miles travelled, compared to 123 motorcyclists and 26 pedestrians.
The following persons/vehicles could be involved in a lorry accident:
- Car drivers and passengers
- Bus passengers and drivers
- HGV drivers and passengers
In order to make a personal injury claim following a road traffic accident, you must first establish who is at fault for causing the incident. If you are wholly at fault, then you would not be able to make a claim for any injuries that you suffer.
All road users owe one another a duty of care to prevent, as far as is reasonably possible, injury to others while using the road. If this duty of care is breached by a road user that causes an accident, they are liable for any harm or damages suffered.
Road accidents can happen for all different reasons, for instance, drivers failing to look at a junction, motorbikes failing to stop at lights, cyclists not wearing visible clothing or pedestrians running into the road without looking.
Sometimes, a local council or a construction company may cause a road traffic accident involving an HGV. For instance, a local authority may fail to maintain the roads to a safe standard, causing a lorry accident.
How Common Are HGV Accidents
The government’s Reported road casualties Great Britain, annual report: 2021 shows how many HGV drivers suffered fatal accidents in collisions in recent years.
- In 2021, 207 HGV and 194 LGV occupants died on the roads.
- By comparison, 1,216 car drivers or passengers died in 2021.
If you have been involved in an HGV accident which has led to you suffering an injury, find out if you could claim compensation by calling our team today for free legal advice.
Unfortunately, a pedestrian accident with an HGV can be very serious due to the size difference and vulnerability. If an HGV driver acts negligently on the roads, such as speeding, not paying due care and attention or using a mobile phone, this could cause a road traffic collision with a pedestrian. A pedestrian could be at fault if they cross the road without looking or are distracted by their mobile phone.
Sometimes, a pedestrian may be partially at fault for their injuries and a driver also partially at fault. For example, the pedestrian may have crossed the road at an unsafe time, whilst the driver also made an error.
In this case, the pedestrian may be eligible to make a split-liability claim if both parties admit partial fault. The pedestrian could then receive a reduced compensation payment.
An HGV accident claim could be made against the following parties, depending on who is liable for the injuries caused:
- The HGV driver, if they acted negligently.
- The company that owns the vehicle, if they failed to maintain it to safety standards.
- Or a highways agency, local authority or construction company if they create unsafe road conditions.
- The HGV driver may be eligible to make a claim against a fault road user.
To make a heavy goods vehicle accident claim, you must prove that you are not at fault. Firstly, you will need to prove that the defendant owed you a duty of care under the Road Traffic Act 1988. Secondly, the defendant acted negligently on the roads, therefore, the HGV accident. Finally, you will need to prove that you were injured in the HGV accident.
Claiming For Whiplash Injuries
The process is now different when making a personal injury claim for a whiplash injury or other low-value injury. If your whiplash injury or other injury is valued at £5000 or less, you must make your claim through the Official Injury Claim portal.
For a whiplash injury, the rules and tariffs of The Whiplash Injury Regulations 2021 will apply to you. However, the programme does not apply to cyclists, motorcyclists, sidecar passengers, or pedestrians who want to claim whiplash compensation. If you are unsure if the new rules apply to you, please call our advisors now, who can provide the information you need.
If your lorry accident claim is successful, you can receive up to two types of damages. A general damage payout for the negative impact your injuries had on you. And a special damage payout to cover any expenses your injuries cost you. For example, compensation for a loss of earnings if you were unable to work for a period of time, because of your injuries.
You can contact UK Law for an estimate of how much you could claim for your traffic accident injuries. We referred to the 16th edition Judicial College guidelines when we created the table. However, the outcome of every claim is different, so your compensation payment may vary.
|Injury||Payout||Notes On The Injury|
|Very Severe Head Injury||A - £282,010 to £403,990||A head injury which has left the person with little or no language function. They have little response to environmental factors and require 24/7 care.|
|Moderate Head Injury||C (i) - £150,110 to £219,070||The person has no prospect of working. They have a moderate to severe intellectual deficit and their personality could have been changed.|
|Severe Back Injury||A (i) - £91,090 to £160,980||Spinal cord injuries which cause the person severe levels of pain and leave them disabled. There may be incomplete paralysis and impairment of bowel function.|
|Moderate Back Injury||B (i) - £27,760 to £38,780||Many different types of back injury could be included in this category. The person could have experienced a crush fracture and may be at risk of developing osteoarthritis.|
|Severe Shoulder Injury||A - £19,200 to £48,030||An injury which damages the brachial plexus.|
|Moderate Shoulder Injury||C - £7,890 to £12,770||Injuries limiting movement through the shoulder, such as a frozen shoulder.|
|Severe Ankle Injury||B - £31,310 to £50,060||Ankle injuries causing instability and which need extensive treatment.|
|Moderate Ankle Injury||C - £13,740 to £26,590||Torn ligaments and fractures.|
|Whiplash||Amount – Regulation 2(1)(a) £4,215||More than 18 months, but not more than 24 months|
|Whiplash||Amount – Regulation 2(1)(a) £3,005||More than 15 months, but not more than 18 months|
The table doesn’t include special damages.
Please get in touch with us today to enquire about claiming compensation for injuries sustained in an HGV accident. A claims specialist can assess your situation. UK Law works with an experienced panel of personal injury lawyers. So, if you meet the right criteria to claim, our team can assign a solicitor from our panel to work on your case.
When you choose a No Win No Fee option, you won’t pay a solicitors fee prior to claiming. Instead, if you win your claim, a success fee is deducted from your compensation payout. The success fee is charged as a set percentage of your settlement. So you will get to keep most of the compensation payment.
Please contact UK Law to enquire about claiming today:
- Call 020 3870 4868
- Contact the team about making a claim online
- Or ask an advisor a question using the Live Support widget
Related Vehicle Accident Claims
Thank you for reading our guide to claiming compensation for heavy goods vehicle accidents. You may find the following online guides helpful if a lorry accident injured you.
The Highway Code: 8 changes you need to know from 29 January 2022 – a UK government guide
Drivers and vulnerable road users – advice from charity RoSPA
A guide to avoiding driver distraction – from charity RoSPA
If you have more questions about claiming for an HGV accident, please contact UK Law today.