Vehicle Accidents at Work Compensation Claims.

All employers have a legal obligation to ensure the safety and security of all employees and visitors to their site, this involves:

• Carrying out regular risk assessments
• Ensuring all vehicles and machinery are fit for purpose
• Ensuring drivers are in a suitable state to operate the vehicle
• Providing adequate training when employment commences
• Providing additional training periodically as necessary
• Ensuring driving surfaces are fit for purpose and well maintained
• Communicating safety measures and potential risks to employees
• Clearly signposting pedestrian routes and vehicle routes
• Ensuring vehicle routes provide adequate space for passing and manoeuvring

Workplace vehicle accidents most commonly occur due to employer negligence, often resulting in harm to either employees or members of the public. If you have been the victim of a vehicle accident, which has left you injured, speak to our personal injury team today to find out what the next steps are.

Being involved in a vehicle accident in the workplace can have devastating and long-lasting effects both physically and mentally. Our personal injury solicitors have a wealth of experience helping clients who have sustained a variety of different injuries, including:

• Head injuries
• Back injuries
• Broken limbs
• Loss of limbs
• Nerve damage
• Whiplash
• Depression and anxiety
• Post-traumatic stress disorder (PTSD)
• Fatality

This list is not exhaustive, and if you have sustained any kind of injury after being involved in a workplace vehicle accident, or if you have sadly lost a loved one in such an accident, please get in touch with our personal injury team as soon as you are able to. We’re on your team, and we want to help you seek justice and financial reparations for what you have endured.

In many roles that require employees to travel frequently, to visit customers or make deliveries, for example, it is commonplace for employers to provide a company car or van. A company car accident is when you are involved in a road traffic accident whilst driving a company car.

Some of the most common causes of company vehicle accidents include:

• Mobile phone use – Although it is illegal to use a mobile phone whilst driving, some drivers unfortunately choose to ignore the law, and many road traffic accidents are caused by drivers becoming distracted by using their phone whilst driving.
• Driving under the influence – Unfortunately, despite it being illegal, some drivers do still get behind the wheel after drinking alcohol, taking recreational drugs, or misusing prescription medication.
• Tiredness – Drivers who get behind the wheel when tired are one of the major causes of accidents. Being tired can affect your concentration, slow your reaction times, impair your judgement, and affect your vision, with catastrophic results.
• Driver error – This includes things like driving at an inappropriate speed, failing to check mirrors, poor judgement, lack of concentration, and driving erratically or aggressively, which can all cause accidents.

In some cases your company vehicle may be owned outright by your employer, and in some cases it may be part of a fleet leased from an external company. Either way, the legalities are somewhat different to driving your own vehicle, and if you have been involved in a road traffic accident in a company car, you may be wondering if you are still able to claim compensation from the responsible party.

If your employer has provided you with a vehicle for business purposes you should be covered under their company insurance policy. This means that, providing the accident was not your fault, you are still able to claim compensation from the responsible party.

Employers have a duty of care to take all reasonably practicable steps to keep their employees safe whilst they carry out their jobs, both on and off site. For example, if you drive a company car, it is your employer’s responsibility to ensure it is fit for purpose before it is issued to you, as well as ensuring the vehicle is serviced regularly and is MOT tested in line with government regulations.

Any failure to uphold their duty of care can constitute negligence, and in the instance of a company car accident they could be held liable. For example, if the accident occurred due to the tyres not having the correct tread depth, or the brake pads being too worn, your employer could be held accountable and sued for compensation.

However, if the accident occurred due to a mistake on your part, it is you who would be liable. This could be due to a number of reasons, such as you not being properly licensed or insured, you were driving dangerously, or you were not driving in line with company driving policies.

If the accident was only partially your fault, you may still be able to make a split liability claim, and the compensation amount would reflect your share of the responsibility in causing the accident. If you are unsure about whether you have a valid compensation claim, please get in touch and our personal injury team will be happy to assist you.

If the accident was caused due to another driver, the usual protocol is to claim on their insurance. However, if they are uninsured, or they cannot be traced after the accident, you are still able to claim compensation. The Motor Insurer’s Bureau (MIB) was established to provide compensation for those involved in a road traffic accident with a driver who cannot be directly sued.

It is possible to apply to the MIB directly, but we would advise you to seek advice from a personal injury lawyer as the procedure can be somewhat confusing if you are not used to navigating legal processes. At Lanyon Bowdler we have assisted many clients in claiming compensation from the MIB successfully, so please get in touch as we’d love to help you to seek reparations for your company car accident.