Our client was injured after severe cross winds caused his LGV to be blown of the road and into a tree. He sustained a severe jolting injury to the neck which resulted in incomplete tetraplegia but his claim was complicated by the fact that he had not been wearing his seatbelt at the time.
Employers have a duty to risk assess journeys made by professional drivers, and to consider whether the journey could be suspended so as to avoid the risk of injury in extreme weather conditions – however the non-wearing of a seatbelt will result in a finding of contributory negligence against an injured driver and a reduction of damages awarded.
We sought a court order to disclose the records of the accident to assist our case, and it emerged that a document recording the health and safety investigation following the accident had been significantly edited prior to being disclosed.
The unedited version that later emerged disclosed that there was found to be a culture of non-wearing of seatbelts and of non-enforcement.
Engineering evidence was obtained and engineers for both sides agreed that the weather conditions and position of the vehicle prior to leaving the road was such that a strong gust of wind could have been capable of causing the vehicle to leave the road.
The case settled one month before it was due to go to trial on liability for a six figure sum.
Contact Carrs Solicitors or call us 01204 496898 if you want to make an accident at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.
At Carrs Solicitors, you will always have a senior solicitor who will personally handle every aspect of your personal injury claim and who will always be available to answer your questions. We are ready to listen and to offer free impartial advice in strict confidence.
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