Lorry And HGV Accident Claims

By Jo Greenwood. Last Updated 17th October 2024. Being involved in an accident on the roads can lead to serious injury. The chances increase if the vehicle you strike is an HGV or lorry. In this guide, we explore HGV accident claims in detail.

We look at the criteria for claiming compensation, potential payouts and how to pursue a claim on a No Win No Fee basis.

However, if you’d rather speak with us now to get the legal advice you need, or to proceed with a claim, then you can reach us by:

• Calling us on 0800 073 8804
• Writing to us about your HGV accident claim
• Or chat with us now using our live chat

Select a section:

• What Is A HGV Accident And Can I Make A Claim?
• Proving Liability In HGV Accident Claims
• What To Do If Involved In An Accident With An HGV Or Lorry
• Common Causes Of HGV Accident Claims
• Can I Claim Against A Foreign Driver?
• What Can Personal Injury Claim Payouts Include?
• Compensation Payouts In HGV Accident Claims
• Can I Make A No Win No Fee Claim?
• Make An HGV Accident Claim Today
• Learn More About Road Traffic Accident Claims

What Is A HGV Accident And Can I Make A Claim?

If you have been involved in a road traffic accident with a heavy goods vehicle (HGV), you may be able to make a personal injury claim. However, you will need to prove that you suffered your injuries due to the HGV driver breaching their duty of care.

Road users owe each other a duty of care, as stated under the Road Traffic Act 1988. Per their duty of care, they must navigate and use the roads in a way that avoids causing harm to other road users and themself. Furthermore, they need to adhere to the rules set out in the Highway Code. If you can prove that you suffered your injury due to a HGV driver breaching their duty of care, you may be eligible to make a claim for compensation.

If you meet the above criteria, you must also ensure that you start your personal injury claim within the relevant time limit. The Limitation Act 1980 states that you will have three years to start your claim from the date of the accident. However, there are certain exceptions to this limitation period.

To learn what these exceptions are, or if you have any questions about HGV accident claims, you can contact our advisors.

Proving Liability In HGV Accident Claims

When considering a compensation claim involving an HGV or lorry accident, one of the first things you must consider is who is responsible. Legally speaking, when considering such an accident, responsibility for the accident stems from the idea of ‘negligence’ and whether the accident occurred due to negligence on the part of the driver or the operating company itself:

• The driver would be considered responsible for the accident if they have acted negligently and ignored the health and safety standards that govern their operations. For example, if a driver continues their route regardless of factors such as fatigue or drunkenness, then they would be considered responsible for an accident, as they were acting negligently.
• The operator would be considered responsible for the accident if they acted negligently. For example, if the operator either failed to inform the driver of health and safety regulations or failed to maintain the HGV/lorry properly, they would be considered responsible for an accident resulting from these issues.
• However, both driver and operator might be considered responsible for an accident in certain circumstances. For example, if your accident occurred after materials fell from an HGV and caused an injury. This is because the legal responsibility for properly securing haulage is shared between both individual operators and the company as a whole, meaning that both parties may have acted negligently.

Claiming Against the HGV or Lorry Operator

If you have suffered an injury resulting from an accident that involved an HGV or lorry, then there is a good chance that you will have to make your HGV accident compensation claim against the operator of the vehicle. However, the process of making this claim changes depending upon whether you are claiming a member of the public or an employee of said operator:

• If you were involved in an accident as a member of the public, regardless of whether you were a car driver or operating another vehicle or even on foot, then you could need to claim against the operator. This is due to vicarious liability resulting in the operator taking responsibility for the actions of their drivers, especially if the accident occurred because of their negligence.
• However, if your accident occurred whilst you were an employee of the operator, the claim becomes significantly more complicated. In cases such as this, your claim may only be valid if your accident occurred due to the operator’s negligence, especially if this negligence is down to working conditions.

What To Do If Involved In An Accident With An HGV Or Lorry

If you are involved in an accident involving an HGV or lorry, you should make sure you seek medical attention, report your accident to the police and record the driver and operator’s information. Once you have done so, you can begin gathering evidence to support a possible HGV accident compensation claim:

• Firstly, you should gather witness statements from those who saw the accident. This could include pedestrians who were walking nearby or other drivers who may have seen the accident. This can help ensure your claim can be corroborated and verify the version of events you state in your claim, such as the time and location of the accident.
• Secondly, you could find evidence that your accident was down to negligence on the hand of either the driver or operator of the vehicle. This could include determining if the driver had a valid licence to drive an HGV at the time of the accident or getting a statement from the driver stating that they were not advised on the correct health and safety standards to follow.
• Thirdly, you should ensure that you have evidence in support of the severity of your injury. For example, if you believed that you were seriously injured after your accident, you might have been taken to the hospital to receive an x-ray scan. This scan could then highlight the severity of your injury, such as whether you suffered from a simple or compound fracture in a limb, and be used as evidence for the amount of compensation that you deserve.

Common Causes Of HGV Accident Claims

Here are some examples of why these types of accidents may occur as a result of the driver’s negligence:

• Tailgating
• Failure to look properly
• Fatigue
• Substance abuse
• Use of a mobile phone
• Poor maintenance of the vehicle
• Dangerously loaded vehicle

Whatever your situation, if you suffered an HGV accident that wasn’t your fault, you could be able to claim compensation for any damage you incurred as a result. For a free consultation with one of our specialist advisors about our legal services, please get in touch. In the meantime, read on to learn more about how to start an HGV accident compensation claim today.

Can I Claim Against A Foreign Driver?

Even if your accident with an HGV or lorry involves a non-British driver, you might still be eligible for compensation in cases where negligence can be proven.

The process for claiming a non-British driver is effectively identical to claiming a native driver: get their details, including name and operator; record the details of the accident; report the accident to the police, and you could then seek legal advice.

The only real difference between claiming a non-British driver is that the Motor Insurers Bureau will represent these cases should the defendant have no native-based insurance. However, this does not significantly affect the potential success of your compensation claim and is unlikely to alter the process in any significant fashion.

For more information on these types of HGV accident compensation claims, please contact our personal injury advisers.

What Can Personal Injury Claim Payouts Include?

When you suffer an injury from an accident, the extent of the damages depends heavily on your expenses. Most people who make compensation claims underestimate the number of different expenses, normally focusing solely on medical costs.

However, you could claim compensation for several costs. These include:

• General damages include non-specific damages such as pain and suffering, the effect on day-to-day life, and any loss of reputation.
• Special damages include measurable damages, such as direct loss of earnings, cost of necessary home-care, and damage to property such as your vehicle.
  • Medical bills include medical bills, perhaps for treatment or medication not under the NHS or via private or overseas healthcare providers.
  • Travel costs – these include the cost of travelling between your home and hospital appointments and travelling to foreign countries for overseas treatment.
  • Loss of earnings could relate to earnings already lost and those yet to come if you can’t return to work.

These costs highlight the number of different ways you can claim compensation for your accident. However, the key factor behind how much HGV accident compensation you may receive is the severity of your injury.

Whiplash Tariff Injuries

An HGV accident claim could be made for minor injuries such as whiplash. Claims for whiplash and minor injuries fall under the Whiplash Reform Program. These reforms apply to people who are over the age of 18 and who have sustained injuries valued at £5,000 or under. The injured person must also have been a passenger or driver of a vehicle. Lastly, the accident must also have happened in England or Wales.

The Whiplash Injury Regulations 2021 set out tariffs for whiplash injuries. These are fixed amounts depending on certain factors, including whether there are psychological injuries present or not. Additional injuries suffered outside those in the tariff will be valued in the same way as other personal injury claims. We will show how this is done in the next section.

If you wish to discuss any aspect of a lorry accident claim, you can contact a team member at any point for advice.

Compensation Payouts In HGV Accident Claims

As stated in the section above, if you make a successful personal injury claim following a road traffic accident, your compensation settlement will include general damages. This compensates you for the pain and suffering your injury has caused you.

Legal professionals, such as lawyers, may refer to the Judicial College Guidelines (JCG) when valuing this head of claim. This is because the JCG assigns guideline compensation brackets to various injuries of different severities. Below, we have included some of the amounts listed in the 16th edition of the document.

It is important to note that various factors could affect how much you receive in compensation, such as the initial severity of your injury, the expected recovery period and the prognosis.

If you would like to learn more about what compensation could be appropriate for successful HGV accident claims, please call our team.

Can I Make A No Win No Fee Claim?

What is the worst part of making a personal injury claim for an accident involving an HGV or lorry? Well, it could be the potential legal fees for attempting to get compensation. Indeed, these legal fees could be a charge against you by a Claims Agency. And that could cause incredible damage to your finances and mental health.

If you already experience financial issues after your accident, such fees can appear excessive and extortionate. And they could hurt you when you’re at your most vulnerable. Even worse, your fees may even exceed your compensation and leave you at a loss.

However, our company will ensure you experience none of this stress during the claims process. If you choose us to represent you, we will ensure your claim succeeds without exploiting the relationship for money. Our No Win No Fee Policy guarantees your financial stability throughout the claims process.

Make An HGV Accident Claim Today

Thank you for reading our guide to HGV accident compensation. You can begin the process of your claim through the contact form. Or call the number below to begin the process of getting justice and compensation for your accident.

Call 0800 073 8804 now. Our company provides free advice on proceeding with your claim and how much compensation you could receive.

Learn More About Road Traffic Accident Claims

In this section, we have links to other guides and resources about HGV accident compensation claims:

Staying Legal – HGV Drivers – A guide from the UK government about staying compliant with the law if you’re a lorry driver.

How To Become A Lorry Driver – A government guide on what you need to become an HGV driver.

Moving On – The Government’s Blog On HGVs and Lorries – The latest news relating to HGVs and lorries from the UK government.

Whiplash Compensation Claims – If you’ve suffered a neck injury in a road traffic accident involving an HGV, this guide will help.

How Much Compensation For Car Accident Claims? – If you wish to know how much compensation you may receive following a car accident, this will help.

How Much Compensation For a Cycling Accident Claim? – If an HGV or lorry knocks you off your bike, this guide talks you through the personal injury claims process.

Leg Amputation Claims – Find out how much you could claim for a leg amputation injury.

Other Personal Injury Claim Guides

• Car Accident Solicitors
• Hospital Negligence Claims
• Report A Road Traffic Accident
• To learn more about how to claim compensation, head here

We hope our guide to lorry and HGV accident claims helps you to begin your claim.