In this guide, we will examine compensation payouts for HGV accident claims. To do this, we will look at how a road traffic accident payout could be calculated. Additionally, we will provide a compensation table as a guide to valuing a potential settlement for the physical and psychological injuries that could be sustained in an HGV accident.
HGV is an abbreviation for a Heavy Goods Vehicle. According to the government guide to lorry types and weights, a vehicle over 7.5 tonnes requires the driver to have a Heavy Goods Vehicle Driver’s License. Due to the size and weight of these vehicles, an accident involving one could have serious and life-threatening consequences. For example, it could result in an amputation of one of your limbs, leading to a long treatment and recovery period. This could also mean that you may be unable to work. Therefore, losing out on earnings.
If you have suffered an injury in an HGV accident for which another road user was at fault, you may have valid grounds for a claim. Please continue reading this article to learn whether you meet the eligibility criteria to make a personal injury claim.
Additionally, you can contact our team of advisors at any time to ask questions or discuss your claim. They are available 24/7 to offer free expert legal advice at a time that suits you. Also, they will not place you under any obligation to further your claim with our panel of specialist solicitors.
To get in touch, please do one of the following:
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- A Guide To HGV Accident Claims
- HGV Accident Claims – What Payout Could Be Received?
- When Can You Claim For Car Accident Injuries?
- Potential Evidence Needed To Make A Road Accident Claim
- Use Our Panel Of No Win No Fee Road Traffic Accident Solicitors To Claim
- Learn More About HGV Accident Claims
Road users owe a duty of care to navigate the roads in a safe manner and not cause harm to others. This duty is outlined by the Road Traffic Act 1988. For additional guidance, road users can also look to The Highway Code, which provides rules for the safe use of roads, some of which are backed by law.
To make an HGV accident claim, it is important first to establish that another road user is wholly or at least partly liable for your injuries. As such, you must first show that another road user owed you a duty of care, breached this duty of care, resulting in an accident and caused you to sustain injuries as a result. This is often referred to as negligence.
Please read the following section to learn more about the potential compensation that could be awarded for a successful road traffic accident claim. You can also enquire about HGV accident claims by contacting our team of advisors.
The compensation awarded for successful HGV accident claims could be split into two potential heads of claim:
- General damages – Under this head you could be compensated for the physical or psychological pain and suffering resulting from your injuries.
- Special damages – Under this head you could receive reimbursement for any financial losses resulting from the injuries you sustained in the accident.
Legal professionals, such as road traffic accident solicitors, can use a document called the Judicial College Guidelines (JCG) to assist them in valuing the general damages head of a claim. The JCG was updated in April 2022. We have used this document to create the table below as a guide to compensation amounts for various injuries.
|Very Severe Brain Damage (a)||The person will display little, if any, evidence of a meaningful response to their environment, double incontinence, minimal or no language function and a need for full-time nursing care.||£282,010 - £403,990|
|Moderately Severe Brain Damage (b)||The injury will cause a very serious disability. The person will need constant care and will substantially depend on others.||£219,070 - £282,010|
|Tetraplegia (also called Quadriplegia) (a)||The level of the award within this bracket will consider various factors, such as whether the person is in physical pain, the length of their life expectancy and whether they are fully aware of their disability.||£324,600 - £403,990|
|Severe Psychological Injury (a)||An injury within this bracket will cause the person marked problems in various aspects of their life, for example with their ability to cope with work and their relationships. The prognosis will be very poor.||£54,830 - £115,730|
|Severe Neck Injury (a)||This could involve an injury associated with incomplete paraplegia.||In the region of £148,330|
|Severe Injury to the Pelvis and Hips (a)(i)||This bracket will include extensive fractures of the pelvis that involve further complications, such as a ruptured bladder and the dislocation of a lower back joint.||£78,400 - £130,930|
|Amputation of Arms (a)||Both arms will have been lost.||£240,790 - £300,000|
|Other Arm Injuries (d)||The person will have simple fractures to the forearm.||£6,610 - £19,200|
|Leg Injury (a)(iv)||One leg will have been amputated below the knee.||£97,980 - £132,990|
|Injury to the Elbow (a)||The person will have an injury that is severely disabling.||£39,170 - £54,830|
Please note that the figures above are a guide; the unique details of a successful case determine the award.
Special Damages In A Road Traffic Accident Claim
To claim for financial losses under special damages, you must provide evidence. Below we will list examples of monetary losses that could be incurred as a result of your injuries and evidence you could use as proof:
- Loss of earnings – You could obtain payslips as evidence.
- Travel expenses – You could keep travel tickets to provide as proof.
- Care and medical costs – You could provide invoices as evidence.
To learn more about compensation figures for HGV accident claims, speak to our team of advisors. Upon hearing the details of your claim, they can provide an accurate estimate of the compensation you could be eligible to receive.
To claim for car accident injuries, you do not have to be the driver of a vehicle; passengers can also bring a claim for their injuries. Not every car accident will result in a personal injury claim; as previously stated, your injuries must be caused by another road user breaching their duty of care.
Below are examples of how an HGV driver could breach their duty of care:
- An HGV driver crashes into you while under the influence of alcohol, which exceeds the legal limit or means they are unfit to drive.
- An HGV driver is speeding and collides with your car.
Contact us and allow our advisors to assess the validity of your claim.
How Do You Claim For Minor Injuries?
The introduction of the Whiplash Reform Programme on the 31st of May 2021 changed the process of claiming compensation for whiplash and soft tissue injuries valued at £5,000 or less for adult drivers and passengers.
Now you must use the government’s Official Injury Claims portal, where a potential settlement for your injuries will be considered using the tariff outlined by The Whiplash Injury Regulations 2021. These tariff amounts could also be applicable to claims not made through the portal as they apply to all occupants in a vehicle. Also, injuries not included in the tariff can be valued in the traditional way.
To discuss how the changes to making a whiplash claim could affect HGV accident claims, speak to one of our advisors.
Your first priority following an accident should be to seek immediate medical attention for your injuries. Also, you should gather evidence to prove the other road user’s negligence as the cause of your injuries. Evidence needed to support HGV accident claims could include the following:
- Medical records
- CCTV or dashcam footage
- Photographic evidence
- Witness contact details
Additionally, it is advisable for you to seek legal advice to learn more about making a road traffic accident claim. Also, a legal professional could help you to compile evidence and present a complete claim.
For more information on the evidence needed for a personal injury claim, get in touch using the number above.
Is There A Time Limit To Make A Road Traffic Accident Claim?
Time limits applicable to personal injury claims are laid out by the Limitation Act 1980. You generally must start your claim within three years from the date of the accident or three years from the date you learned of negligence in connection to your injuries.
There are exceptions to these time limits, for example, if the injured person was under 18 at the time of the accident. Please speak to a member of our team to learn more about these exceptions and how they could apply to your claim.
If you opt to use a solicitor’s services, you could choose to enter into a Conditional Fee Agreement (CFA), a type of No Win No Fee agreement. This means you generally won’t pay for a solicitor’s services at the following times:
- Whilst your claim is ongoing
- If your claim is unsuccessful
Alternatively, a successful claim will generally mean a small success fee will be taken from the compensation by a No Win No Fee solicitor. This is a legally capped percentage.
Our team of advisors can assess HGV accident claims. Should they find that you have a valid claim, they could put you in contact with one of the No Win No Fee solicitors from our panel. Don’t hesitate to get in touch today.
Learn more from further guides on our website:
- Which Claims Fall Under Personal Injury?
- What To Do When Making A Fatal Car Accident Claim
- Can I Claim For Anxiety After A Car Accident?
For information and support, take a look at these external sources:
Thank you for reading this guide to HGV accident claims. If you have any other questions, please get in contact using the details provided.
Writer Jess Oliphant
Editor Meg McDonald