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HGV Lorry Accident Claims: A Guide to Claiming Compensation
You can claim compensation if you have an injury in an HGV accident. Even if you were a driver, passenger, pedestrian, or road user, you might get compensation for any pain, suffering, and financial losses you’ve experienced.
To help with your HGV lorry accident claim, we offer telephone consultation and free legal advice. If you have a valid claim, we can appoint one of our solicitors to process your claim, making the process less stressful.
Table Of Contents
- Am I Eligible To Claim Compensation
- Can I Claim Compensation If I Was Partly To Blame?
- What To Do After A Road Traffic Accident Involving An HGV
- Types Of Negligence Involving Lorry Drivers
- The Compensation You Can Claim for an HGV/Lorry Accident
- Considerations for Whiplash Compensation
- Time Limits for Claiming Compensation
- Why Consult A Personal Injury Solicitor For HGV Lorry Accident Claims?
- FAQs
Am I Eligible To Claim Compensation
Are you eligible for compensation following an HGV accident that wasn’t your fault? To make a successful HGV lorry accident claim, you’ll need to demonstrate that the lorry driver owed you a duty of care, they caused the accident due to negligence, and that you suffered injuries as a result. Establishing the first criterion is typically easy, as HGV drivers must ensure the safety of all road users as per the Road Traffic Act. However, things become complicated when proving negligence and the extent of your injuries. Keep reading to find out more about making a successful HGV lorry accident claim.
Can I Claim Compensation If I Was Partly To Blame?
Being partly at fault doesn’t necessarily disqualify you from an HGV lorry accident claim. You may still be entitled to compensation if the other party was also at fault. The “contributory negligence” principle means that compensation can be awarded even if you contributed to the accident. However, the amount of compensation may be reduced in proportion to the degree of fault attributed to you.
For instance, you may get less compensation if you didn’t wear a seat belt as a passenger in a car hit by an HGV. This is because it may be discovered that not wearing a seatbelt contributed to the severity of your injuries. If, for example, it’s determined that your failure to wear a seatbelt was 30% responsible for your injuries, your compensation would be decreased by 30%. If you have doubts about your eligibility for compensation or how contributory negligence could affect your HGV lorry accident claim, please contact our personal injury solicitors for free advice.
What To Do After A Road Traffic Accident Involving An HGV
Being involved in a road traffic accident with an HGV can be a frightening experience, but it’s essential to stay calm and take specific steps. Here’s what you should do:
- Swap details with the HGV driver, but do not apologise or admit liability.
- Make videos or take photographs of the accident scene before vehicles are moved.
- Ask witnesses for their details and request a copy of their footage if they have dashcams.
- If there are injuries or a blocked road, you should report the accident to the emergency services.
- Seek medical attention for any injuries sustained.
By following these steps, you could improve your chances of receiving compensation. Witness statements, photographs, and medical records can all help to support your case if the lorry driver denies responsibility.
Types Of Negligence Involving Lorry Drivers
If the accident was due to the negligence of a lorry driver, there are different situations where you can claim damages by taking legal action against the driver. These include:
- Being hit by a lorry while stationary in queuing traffic.
- Being hit and injured by a lorry that mounted the pavement.
- Getting hit by a lorry due to the driver being under the influence of drugs or alcohol.
- Being hit by a lorry because the driver failed to check their mirrors.
Being hit by a lorry because the driver was speeding, driving aggressively, or not paying attention.
Death caused by careless driving by an HGV/LGV driver.
If you have been involved in any of the above scenarios, it’s essential to seek legal advice as soon as possible to explore your options for compensation.
The Compensation You Can Claim for an HGV/Lorry Accident
If you have a road traffic accident with a lorry, you may wonder how much compensation you could receive. This is quite complex to answer this question, as it will depend on the specific circumstances of your accident.
However, the following factors can determine the amount of compensation you may receive:
Injury-related damages: The compensation amount is usually based on the level of pain and suffering caused by the accident. This can include physical injuries, psychological harm, and loss of amenity.
Financial losses: If you’ve incurred medical expenses, care costs, or lost income due to the accident, you can claim for them.
Property damage: If your property was damaged in the accident, you may be eligible for compensation to replace or repair it.
You may need a medical assessment from an independent professional to support your HGV lorry accident claim. A solicitor for personal injury claims can help you arrange this and ensure that your injuries are accurately recorded in a report. Once the authorities review your case, they can determine the amount of compensation.
Considerations for Whiplash Compensation
If you suffer from whiplash, you may be able to claim compensation. However, the government has recently introduced a new Whiplash Reform Programme that affects claims worth less than £5,000. If your HGV lorry accident claim falls into this category, you may not need a solicitor, as everything can be done through a government portal. We will advise you on the best course of action for making your claim when you call.
Time Limits for Claiming Compensation
It’s essential to be aware that there is a 3-year time limit for making a compensation claim after a road traffic accident involving an HGV or LGV.
However, this time limit does not apply in cases where the victim is a child or does not have the mental capacity to begin an HGV lorry accident claim. In such cases, the litigation friend process can be used to claim on their behalf. Our solicitors can help you through this process, and our advisors can provide more details when you call.
If a child is injured in a lorry accident, an HGV lorry accident claim can be made before they turn 18. Victims who don’t claim can still do so within three years after they turn 18. If someone dies within three years of an HGV accident, their family has three years from the date of death to begin an HGV lorry accident claim. Please call us for more information about time limits in these circumstances.
Why Consult A Personal Injury Solicitor For HGV Lorry Accident Claims?
You’ll need to deal with the other party’s insurance company when claiming after a lorry accident. Their focus will be on reducing the compensation amount they must pay, which may simplify your HGV lorry accident claim. Hiring a personal injury solicitor could make a difference in your case.
A specialist solicitor can handle the technical and complex questions the insurer poses. They can shield you from the questions while keeping you updated on the case’s progress. The solicitor will use their expertise and a No Win No Fee agreement to fight your corner. They’ll gather additional evidence and try to counter any arguments over liability for the accident. They will also maximise your compensation by negotiating with insurance companies.
If you want to begin the HGV lorry accident claims process after involving in a lorry accident, please call our team for a free review. We’ll assess your claim and start working on it right away. We’re here to help you receive the compensation you deserve. Contact us today.
FAQs
Any person who has suffered harm or damages in an HGV/Lorry accident caused by the driver’s negligence, the vehicle’s owner, or another party can file an HGV/Lorry accident claim.
Victims can claim compensation for various damages, including medical expenses, lost income, pain and suffering, property damage, and rehabilitation costs.
Although hiring a solicitor for an HGV lorry accident claim is unnecessary, it is better to consult with an expert solicitor. An experienced solicitor can help you navigate the legal process, gather evidence, and negotiate with insurance companies on your behalf.
The time it takes to settle an HGV Lorry accident claim will vary depending on the case’s complexity. Some cases may be resolved within a few months, while others may take years.
If the HGV/Lorry driver is uninsured or untraceable, you may still be able to pursue a claim through the Motor Insurer’s Bureau (MIB).
Most personal injury lawyers work on a no-win, no-fee basis, meaning you will not have to pay any upfront costs. Instead, the solicitor will take a percentage of your compensation if you win your case.
