Work related road & HGV Accident & Injury Cases

Professional LGV driver wins significant damages after vehicle blown off road

Wed, 25 Nov 2020 00:00:00 +0000

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.

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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.

Carrs Solicitors assist HGV driver on inadequate gritting claim against local authority

Wed, 25 Nov 2020 00:00:00 +0000

Local Authorities have a duty under Section 41(1)(a) of the Highways Act 1980 to avoid so far as reasonably practicable, road users being endangered by formation of ice. The duty requires the Highways Agency and Local Authorities to prioritise the most important routes putting in place appropriate systems and ensuring that they are conscientiously followed by the contractors and staff engaged in the gritting process that is an important part of that duty and road users are entitled to expect that it has been complied with

In this case our client was on his way to work as a HGV driver on a motorcycle using main roads and proceeding with caution. As he left one road to turn onto another he slipped on ice and sustained significant injuries.

Following the accident the local Highways Authority showed records showing that it had salted the road in question on the previous evening. However, on scrutinising the records it became clear that the driver of the gritting vehicle could not have sufficiently gritted the road in the time shown on his individual records, and could not have been driving the gritting vehicle at a speed slow enough to ensure that the grit was correctly placed.

The insurers initially denied liability but decided to settle the case on the day that the case went to trial.

Contact Carrs Solicitors

If you have had an accident at work, get in touch with the specialists work accident solicitors at Carrs to make a compensation claim. Call 01204 496898 today or fill our online contact form.

Carrs work injury solicitors win £41K for goods driver who fell from vehicle

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors of Bolton has recently recovered over £41,000 in compensation for Mr Roy Nelson, a professional HGV driver from Par, Cornwall after he suffered a falling injury at work.

Mr. Nelson was on a construction site delivering roof trusses that had been stacked vertically on the back of a flatbed truck. Because of uneven ground at the building site, workers had to unload the heavy trusses by hand using a method with which Mr. Nelson was unfamiliar.

Furthermore, the trusses were the same length as the bed of the truck meaning that during the unloading process there was no room for Mr Nelson to stand to the side of the trusses.

The consignment of trusses collapsed and as Mr. Nelson attempted to jump clear, he fell off the truck. Although he did not fall from a great height, he sustained a fractured vertebra, collarbone and ribs.

Carrs Solicitors of Bolton, a specialist work related personal injury firm, accredited by the Association of Personal Injury Lawyers, was instructed by him on a no win no fee basis to help him obtain compensation for his construction site injury.

Managing Partner John Carr, an expert in construction site injury claims, explains, "Most falling injuries occur at heights below 10'. Although a worker may not fall far, he has less time to react and is more likely to land badly. Had the truck bed been long enough, Mr Nelson could have stood to the side of the trusses while unloading, and had adequate training been provided, the injury could have been easily avoided."

After early denials of liability, offers to settle followed and were ultimately increased by 65% and a full admission of liability made in relation to breaches of the Work at Height Regulations. Carrs Solicitors then assisted in setting up a compensation trust for Mr. Nelson.

Speaking about the case in February 2009 Mr. Nelson said, "I am delighted: The result achieved by Carrs has made a great difference to my quality of life."

Contact Carrs Solicitors or call 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.