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Tractor Accident Compensation Claims Guide – Payouts How much would I receive?
By Marlon Cooke. Last Updated 24th February 2023. Welcome to our guide to tractor accident claims. To the uninitiated, tractors seem fairly safe vehicles. Few people really understand the risks that come with driving and operating one, as well as the risks to others on the road if something goes wrong. Tractors are extremely heavy vehicles, so if they are involved in an accident, there is a good chance that people are going to be injured, some very seriously.
With the HSE viewing agriculture as one of the most hazardous industries to be involved in, with good reason (see their statistics later down the page), it stands to reason that many people injured by a tractor have their lives changed irreparably, leading to tractor accident claims. But even if they are not so serious injuries, they can still have a very detrimental effect upon the victim, their family and their financial situation.
Tractor accident
Should you have become injured as a result of a tractor, whether by collision, malfunction or something else, tractor accident claims can help reverse the financial damage done by having time off work and incurring costs such as medical expenses. It can also compensate you in part for the suffering and the pain you have endured as a result of your tractor injury.
To find out more about tractor accident claims, including how to retain the services of a personal injury lawyer you can trust, how much accident on a tractor compensation you might receive, or how long the personal injury claims time limit is, you can call us on 0800 073 8804 or carry on reading below to discover the facts you should know.
Select A Section
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- What is a tractor accident?
- Top causes of tractor accidents
- Can I claim tractor accident at work compensation?
- Accidents involving tractors on public roads – who is to blame?
- Tractor accident on farm compensation – when is it payable?
- Tractor Accidents – How Long Do I Have To Claim?
- Compensation Awards For Injuries Caused By A Tractor Accident
- Tractor accident compensation calculator
- Can I launch a No Win No Fee tractor accident claim?
- Ready to begin a tractor accident compensation claim?
- Helpful Resources
What is a tractor accident?
Tractors can not only be seen on the farms and fields of the UK, but also on British roads. If you have been hurt by a tractor, whether as a visitor to a farm, a worker on a farm, on a private road or on the public roads in any way, then this is a tractor accident. If it was not your fault in any way, then it is possible for you to make tractor accident claims. Here at Legal Expert, we can offer free advice on tractor accident claims as well as connecting you with an experienced personal injury solicitor to help drive your claim to a successful conclusion.
Top causes of tractor accidents
There are a variety of causes of tractor accidents, but the most common of these are listed below. If you were not to find your specific cause here, then don’t forget, it doesn’t mean you will not be able to launch a personal injury claim. All you need to do is get in touch with our team and we’ll listen to what happened and advise you.
Collisions -Driving a tractor takes skill and concentration and should this slip for even a moment it could cause an accident. However, it is not always a collision that is the driver’s fault. Whilst tractor drivers should always try to look around for objects that may be in their way, if obstructions have not been removed or risk assessed, then it could be that the driver was not at fault. Similarly, if they were not trained in how to avoid such obstructions or remove them, then their employer may be held at fault for an accident.
Rollovers – If you were injured when a tractor rolled over, you’ll know only too well how terrifying and dangerous it can be. Should workers not be trained to use a seatbelt at all time, or if the tractor they are using does not have a safety belt, then they could hold their employer liable for what has happened to them as a result.
Tractor hitting pedestrian – Whether on private land or on the roads, if you are unlucky enough to be run over by a tractor, can I claim is hardly likely to be your first question. It’ll more than likely be ‘Am I going to be ok?’. In some cases, tractor drivers can even run over themselves, by trying to start the tractor whilst standing outside of the cab. This is obviously bad practice, but if you have been hit by a tractor and it is someone else’s fault, the likelihood is that you’d have a valid claim.
Becoming caught in tractor parts – Often, tractors are fitted with different fittings, such as augers in order to perform tasks such as digging holes. Should the mechanism catch someone’s clothing or body parts, they could be seriously injured.
Can I claim tractor accident at work compensation?
Driving a tractor for work is a dangerous job, so your employer should take as many steps as possible to protect you while you are at work. Should they have failed in their duty to do this, then you might look at making a tractor accident at work claim against your employer.
- Your employer has a duty to abide by the Workplace H&S Regulations and Provision of Work Equipment rules, which means:
- It should be possible for vehicles to move around their working space safely
- Best practice should be applied to training
- Situations should be risk assessed regularly to lower risk as much as possible
- Equipment should be maintained to a good standard
- Equipment should be in good working condition
There are other guidelines that the HSE suggest as making tractors safe to drive. These include:
- Repairs should be carried out where needed straightaway
- Vehicles should be checked every day
- Brakes particularly should be checked every day
- There should be seatbelts and these should be used
- If there should be a risk of overturning, then rollover protection should be fitted
- Roll risk should be minimised by checking loads and counterbalancing the vehicle
Should your employer not have adhered to these rules, not made their tractors safe to drive, or not acted safely with regards to your use of a tractor, then it might be worth speaking to us to get advice on making a claim.
Farm Accident Compensation Claims – Top Tips to Claim
If you’ve experienced an injury from a tractor crash due to negligence, you may be able to claim compensation. Being involved in an accident involving a crashed tractor can lead to many different types of injuries, but you need to prove how your injury was caused. This section will go into more detail about a very important aspect of claiming: providing evidence.
Evidence you could use includes:
- Providing photographs of your injury and the accident site. This can help show the extent of your injuries and illustrate factors that could have caused the tractor crash. You can also request CCTV footage, if available.
- Witness statements. If anyone saw the accident, you could ask for their contact details. During the claims process, your solicitor can contact them to take a statement. This can help clarify the series of events that caused the crash.
- Medical reports. Upon treating your injuries, your doctor will assess and evaluate them. You can use their notes as well as copies of medical scans to show the full extent of the injury.
- Listing the treatment you’ve had as a result of the injury. This can be in the form of a list of procedures or describing what has happened to you and when, like a diary. This can help show how the injury has negatively impacted you.
This list of evidence is not extensive. To learn if you’re eligible to claim, please contact us for free using the above details.
Accidents involving tractors on public roads – who is to blame?
Liability on the roads can be tricky to prove, but if you have had an accident involving a tractor, either as the driver or another road user that has been struck by a tractor, then you are likely to need a professional on hand to assess the situation to see who might be liable for tractor accident on public roads.
In some instances, it would be easy to see who is to blame, such as another vehicle striking your tractor when going at an excessive speed, but others such as rear-end shunts after emergency stops can be more tricky. Our experts will be able to listen to what has happened, take some details and then go ahead and advise on whether or not we feel that you would have a valid claim.
Tractor accident on farm compensation – when is it payable?
Farms often make money by charging an entrance fee for people to come and learn about the animals, or visit the farm shop, or even go on tractor rides, but if this is the case, they have a duty of care to keep you safe while you are visiting. If they fail in this way, then it is likely you would be able to put a claim forth for compensation for any tractor accident while visiting a farm.
If you are a parent of a child that has been injured by a tractor accident on a farm, then it is worth knowing that you can choose to act on their behalf to begin a claim. For more details on this, our legal experts will be happy to speak to you.
It is not only families that visit farms, however. Suppliers of animal feed and other farm supplies and other visitors to the premises should also be able to go there without risk of being run down or hit by a tractor. If this is not the case, then call our team and we’ll tell you if you have a potential claim.
Tractor Accidents – How Long Do I Have To Claim?
As our guide has shown, tractor accidents can happen in several ways, but regardless of how you were injured, you will face a time limit to start your personal injury claim.
According to the Limitation Act 1980, this will generally be set at 3 years from the date of your accident.
An exception can be made if the claim is for a person who lacks the mental capacity to represent themselves. In this case, their time limit will be suspended unless they recover, and a litigation friend could act as their representative and start a claim on their behalf.
A similar exception exists for minors injured in tractor crashes and other forms of accidents. As they will not be able to start a claim by themselves while they are still minors, they do not face a time limit. Once they turn 18, their 3 year time limit to start a claim will come into effect, and they must start actions before they turn 21. A litigation friend could also act on their behalf and start a claim for them while they are minors.
If you want to know if you’re still within your time limit to claim for a tractor accident, you can reach out to a member of our advice team for free.
Compensation Awards For Injuries Caused By A Tractor Accident
The next few sections will provide more information regarding the types of compensation you could receive when claiming for a tractor accident. To receive any form of compensation, you would need to prove that your accident was caused by third-party negligence.
One potential head of claim that could lead to you receiving compensation is special damages. This can cover you for any financial losses caused as a result of the injury. Potential financial losses you could claim for include:
- Home adjustments – If you require home adjustments due to the injury, such as a stairlift, a care bed or a walk-in shower, you can claim for these costs.
- Travel costs – You may need to use public transport or taxis, for instance, if you’re unable to drive because of the injury.
- Loss of earnings – If your injury has led to you being unable to work, you may be able to claim for loss of earnings. Additionally, if the injury caused by the tractor accident is long-term or permanent, you could claim for future loss of earnings.
- Medical bills – You may need to pay for mobility aids or prescriptions as a result of the injury.
- Care costs – If you need to hire a nurse to help you recover from your injuries, you may be able to claim the costs back.
You would need evidence, such as payslips, invoices, receipts and bank statements, to illustrate the value of the financial losses. If you want to know more about the potential compensation awards for injuries caused by a tractor accident, contact us for free legal advice using the above details.
General Damages
There’s also the matter of general damages. This is the sum you receive due to your physical and mental injuries, not the additional costs as listed above. The intention is to acknowledge the pain and suffering experienced due to the injuries for which you are making a claim.
There is an official legal publication called the Judicial College Guidelines (JCG). Used by legal professionals, the JCG consists of a detailed list of injuries and their potential monetary value when awarding compensation. Things like how severe the injury is can affect the final amount received by the injured party. The length of their recovery period is another variable taken into account.
Tractor accident compensation calculator
Many people want to know right away the amount of compensation they could receive as a result of tractor accident claims. Unfortunately, giving an overall figure in this article wouldn’t be very helpful. This is because the value of all personal injury claims can vary quite a bit. Each one has unique circumstances that can affect how much you could be awarded.
What we can do is supply some example figures from the Judicial College Guidelines (JCG). These have been taken from the official guidelines used to calculate the value of compensation for injuries sustained due to negligence. You’ll find these figures in the table below, listed alongside a description of the possible injury that the sum could be awarded for.
Do not be disheartened if your injury is not listed below. This is just a small cross-section of the injuries contained in the JCG. These figures have been taken from the latest guidelines, published in April 2022.
| Injury | Description | Amount |
|---|---|---|
| Leg | (iv) One leg will have been amputation below the knee | £97,980 to £132,990 |
| Hand | (c) Total loss or extreme damage resulting in its effective loss | £96,160 to £109,650 |
| Hand | (b) Both hands will be seriously damaged – loss of function and permanent cosmetic alterations | £55,820 to £84,570 |
| Finger | (d) middle finger and/or index finger amputated – remaining grip will be very weak | £61,910 to £90,750 |
| Finger | (f) Severe fractures – leading to possible partial amputations that result in deformity and impaired grip/function | Up to £36,740 |
| Finger | (o) Part of little finger lost – remaining tip will be sensitive | £3,950 to £5,860 |
| Neck | (a) Severe – (iii) fractures and/or dislocations, including soft tissue injuries etc. that result in chronic conditions and ongoing, permanent disabilities | £45,470 to £55,990 |
| Neck | (b) Moderate – (iii) injuries that may have made an existing condition worse | £7,890 to £13,740 |
| Thumb | (q) Complete loss | £35,520 to £54,830 |
| Thumb | (t) Serious – possible tip amputation, nerve damage, fractures etc. | £12,590 to £16,760 |
| Thumb | (u) Severe dislocation | £6,340 to £7,780 |
| Foot | (f) Moderate – displaced metatarsal fractures that can result in ongoing deformity | £13,740 to £24,990 |
| Wrist | (c) Less severe injuries that could still lead to permanent disability | £12,590 to £24,500 |
| Head/brain | (e) Minor – no brain damage, if any at all in these cases | £2,210 to £12,770 |
| Neck | (c) Minor – (iii) complete recovery within a 3 month time window | Up to £2,450 |
When your claim is calculated, your medical report will be used to determine the sum that is most appropriate for your specific prognosis, and your unique injuries. If the injury you’ve been suffering from is not included above, then we can tell you more about the typical compensation award if you call the experts we have on hand to answer questions you might have.
Can I launch a No Win No Fee tractor accident claim?
Yes, you can. 100% of the lawyers on our panel work with their clients on a No Win No Fee basis. What this means is you won’t be expected to pay anything to your specialist lawyer unless they are successful in helping you to receive the compensation you deserve.
If your claim isn’t successful, then you will not be responsible for covering their costs. Your solicitor is paid via a small percentage taken from your compensation following a successful claim.
So, if you’re worried about accumulating expensive legal bills as a result of making a farm accident claim concerning a tractor, this should relieve a good amount of that financial pressure. Not all law firms offer a No Win No Fee agreement. Without one in place, you could still be expected to cover their costs even if you do not win your personal injury claim. You don’t have to worry about that with us here at Legal Expert.
We want you to be compensated for your injuries, and we don’t want you to be left out of pocket if things don’t go to plan. That is what a No Win No Fee deal exists for.
Ready to begin a tractor accident compensation claim?
You might be convinced now that tractor accident claims are something you’d like to pursue, or you might have more questions. Either way, we are ready to speak to you about your tractor accident. You might be surprised to learn that the advice we offer doesn’t come with any obligation to go ahead and use our services, but it really doesn’t.
You are free to take or leave the advice we give, and we won’t ever push you to make a claim if you do not want to. For completely free advice 0800 073 8804 will connect to our team of legal experts who can answer queries and offer solutions and advice. We can, of course, also begin your claim.
There are other methods to contact us as well if you don’t feel like calling. For example, you can talk tp us about your claim online.
Helpful Resources
Below, we have put together some interesting links that you may find worth looking at if you have had an agricultural or tractor accident.
It’s possible to have someone else make a claim on your behalf. Find out how from this government resource.
This NHS resource contains information on symptoms (and more) of broken bones.
The HSE have also provided information and guidance on avoiding overturning of tractors. You can see this if you click above.
Should your tractor accident claim begin at work, then you should know the fact about becoming injured on a tractor at work. Our guide should help.
Medical Bills Following An Injury At Work
A tractor or farm accident at work may lead to expensive medical bills. This guide takes you through how these bills are handled in these scenarios.
Farm equipment that isn’t working as it should, could contribute to your injuries. Find out more about these situations in this article.
Other Helpful Guides
- Dangerous Machinery At Work – Injury Claims
- Defective Work Equipment Injury Claims
- Leg Injury Claims
- Spinal Injury Claims
- Horse Riding Injury – Accident Claims
- Get help making a claim for accidents at home with our informative guide.
Thank you for reading our traffic accident claims guide.
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