TRUCK AND TRAILER ACCIDENT CLAIMS

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at 2 accidents involving trailers that were experienced by clients, which ultimately lead to each man being awarded personal injury compensation.

Both of the accident victims mentioned in this article are clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.

In this article I highlight 2 situations where injuries were suffered while working on or around a trailer.  The common trend remains the significant effect on each person’s life.  Both of my clients experienced very painful symptoms and financial losses, including substantial lost earnings.  Although using the established legal processes for making personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, in appropriate cases it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  As previously stressed, the fundamental aim of all accident claims is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

CASE STUDY 1 - FALL FROM A TRAILER

During one afternoon in November 2005 Mr T was transporting windows and staircases for his employer.  He had collected a pre-loaded trailer from a depot, and on arriving at the delivery site he opened the curtain sides and began to remove the straps from the load.  The strap on one of the staircases was placed very high, requiring Mr T to stretch up to reach it, but in doing so he lost his balance and fell from the trailer.  It was common for the trailers to be tightly packed and also packed high, so that as many items as possible could be carried.  In the loading process, ladders were used to enable straps to be put on at a high level.  However, Mr T was not supplied with a ladder to assist him with unloading, and therefore he often had to stretch to reach the higher straps.

In falling from the trailer to the ground, he sustained an injury to the left side of his chest, fracturing at least 1 rib.  For the first 3 to 4 weeks his pain was severe, but this gradually settled over the course of the following couple of months and he was fortunately able to make a full recovery within 3 months of the accident.  However, he could not work for a period of 9 weeks.

As with all claims handled by my firm, full medical records were obtained and sent to a consultant experienced in assessing this type of injury, and an appointment was arranged for Mr T to be examined.  This enabled a detailed report to be prepared, upon which the value of his injuries was established.  Full details of his financial losses were also gathered, including his lost earnings during the time he had off work.

His employer’s insurers recognised the failure to provide a safe system of work, and within 5 months from sending the initial letter to his employer setting out the basis for the claim, it was possible to negotiate an acceptable settlement.  Both the employer and their insurers took a reasonable attitude following the accident, which had the effect of putting Mr T in funds quickly and easing his situation.

CASE STUDY 2 - FALL WHILE CONNECTING A TRACTOR UNIT TO A TRAILER

In this case the Mr Y suffered a nasty accident in May 2007.  He was assisting a colleague in connecting a tractor unit to an articulated trailer, and was positioned between the tractor unit and trailer making the electrical connections.  His colleague was in the driver’s seat of the tractor, and without warning drove forward approximately 5 feet.  This caused Mr Y to fall down the gap created between the tractor unit and trailer.

Both men were employed by the same company and the accident occurred because of the colleague’s negligence in driving forward.  As employers are held to be responsible for the actions of their staff in the course of their job, Mr Y was able to direct his claim to his employer.  However, it took a considerable time to track down the relevant insurers, as by the time the claim was made the company had gone into liquidation.

Mr Y suffered with lower back problems for about a month following the accident, but his main injury was to his neck and he experienced 2 months of acute symptoms, during which time he could not work.  The medical expert anticipated that it would take up to 9 months for him to make a full recovery.

The medical report and details of Mr Y’s financial losses (including substantial lost earnings) were sent to the insurers, and although they did not formally accept responsibility for the accident and could not obtain full information and documents from their insured - particularly in respect of their allegation that the client’s fall was caused by slipping on grease and not the movement of the tractor unit - they were eventually persuaded to reach a settlement, and which was achieved in August 2008.

The circumstances leading to each man’s fall were quite different, but both sustained injuries that required them to be off work - and they lost income as a result of this.  Fortunately, it was possible to recover those losses as part of their successful accident claims.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

Steven Hinchliffe established Hinchliffes Solicitors in 1999, after many years as the Managing Partner of a renowned Malvern practice. He has experience in many areas of law, but has concentrated on general civil litigation and Personal Injury. He is the owner and sole Principal of the firm, with overall responsibility for its management, administration and marketing. He is also responsible for overseeing the handling of all the firm’s Personal Injury files, together with specific responsibility for the recovery of costs.

Steven is a Fellow of the Association of Personal Injury Lawyers and spent 12 years as a Deputy District Judge.