HGV Accident Claims & Injury Claims for HGV & Lorry Drivers.

It is an employer’s duty to protect the health and safety of their staff as well as visitors and general members of the public. This duty extends to agency staff or self-employed workers, who are also owed a duty of care by the employer if they are provided with equipment to do a job, told where to go and what to do.

There is a legal obligation to consult with employees on health and safety related matters, where unions are involved this will be done via representatives; if no union is involved then the employer must consult directly with the employees, listen to any concerns and provide information when requested.

Under the management of Health & Safety at Work Regulations 1992, an employer has to carry out risk assessments across all areas of health and safety and to then ensure measures are put in place to minimise risks identified. The employer must also advise employees of the risks identified. They must ensure adequate training and appropriate equipment is provided to deal with the risks. Measures may include:

• Double checking traffic routes, including low bridges
• Ensuring pedestrian, warehouse and delivery traffic is separated and clearly signposted, with appropriate lighting
• Having marshalls or banksmen available to oversee reversing manoeuvres and to provide assistance during loading and unloading
• Well lit parking areas with clear markings and appropriate surface
• Training drivers and shunters in the coupling and uncoupling of any lorries they will be driving
• Ensuring brakes on the trailer and in the tractor unit are always applied when parked
• Complying with maintenance schedules and servicing of vehicles

In many circumstances, there is a duty on employers to warn employees of even obvious risks.

Employees must safeguard their own health and safety, such as taking regular breaks as required by the law, as well as the safety of the general public, visitors and colleagues. They have to follow specific training, respect and obey site rules, eg loading and unloading procedures, parking, movement of vehicles, pedestrianized areas etc, and report vehicle defects.

Even if an accident happens away from the employer’s depot, there are still duties of care owed by the owners of that premises to contractors, hauliers or visitors to the site.

Loads incorrectly secured can shift during transit, creating a hazard for the driver during unloading. Various regulations need to be considered including Manual Handling 1992 and Working at Height Regulations 2005, as well as Lifting Operations and Lifting Regulations 1998, along with general health and safety awareness such as over shoulder reaching. When necessary relevant protective personal equipment (PPE) needs to be made available, such as steel toe capped boots, hard helmets, gloves and glasses.

Reversing unexpectedly, or without guidance from marshalls or banksmen on delivery yards, can result in serious accidents as well as damage to property or vehicles.

It is the responsibly of the site manager to make sure any delivery drivers visiting their depot are clear as to the site rules, as well as who is responsible for loading and unloading.

In the event a severe or fatal accident is witnessed, or a close member of the family is exposed to the immediate aftermath, there may be entitlement for the pain and suffering endured.

Not all accidents involving HGVs and lorries will result in the inability to return to work, the Disability & Equality Act 2000 is referred to in the event of a compensation claim, where special damages, such as past and future loss of earnings, may be adjusted to reflect the type of work someone is now able to carry out, if this results in a decrease of income.