Road traffic accidents involving a heavy goods vehicle can be life changing. Because of their size and weight, an HGV accident often results in severe injuries, and you could be entitled to claim significant compensation if an accident occurred that wasn't your fault.

Knowing how to claim if involved in an HGV accident, the evidence you can gather before the claims process starts and what you can claim for can all contribute to your recovery. This makes it more straightforward to recover compensation, which in turn can allow you to access the best care available, take the time off work you need to heal, and avoid financial losses related to the accident.

Here, the experienced serious injury solicitors at Switalskis explain what you need to do if an HGV accident has happened to you, and how to start a claim to secure the compensation you deserve.

How to claim compensation for a road traffic accident

The first step of the claims process involves contacting a legal expert. At Switalskis, we offer a free, no-obligation consultation where you can tell us about the accident you experienced and learn more about how we can help. If you decide to move forward, we'll take care of the key aspects of the process on your behalf, from gathering evidence and building a strong case, to notifying the other party's insurance provider and negotiating for a fair compensation amount.

With that said, it can help to consider whether you might have a claim, and what evidence you may need to get the best outcome, before you get in touch. Key factors that affect your right to claim include:

Whether a lorry or HGV driver was responsible

HGV drivers have a duty of care to other road users. Because they operate large vehicles with longer stopping distances, larger blind spots and far greater potential to cause harm, exercising reasonable care means checking that the load is secure, carrying out walkaround checks and being fit to drive before setting off.

Many HGV accident cases involve issues like blind spots or long braking distances, which are a high risk if a lorry or HGV driver is tired or distracted. For example, when changing lanes, there is a risk of a collision if the driver does not check their blind spot. Jackknifing is another serious risk that may be caused by sudden braking or poor road conditions and lead to serious injuries. Sometimes, the fault lies with the company that employs the driver - for example, if they have failed to maintain the vehicle or pressured the driver to work too many hours.

However, a lorry or HGV accident is not always the fault of the driver. In some cases, lorry drivers themselves can claim for HGV injuries . The key factor is to show that your injuries were caused by someone else - whether an HGV or lorry driver, a car driver, a motorcyclist, pedestrian or other road user.

Sometimes, the injured person is deemed to be partly at fault for an accident or for their injuries getting worse. This is known as contributory negligence. For example, if you weren’t wearing a seatbelt during the accident, a court may decide you are partly responsible for your injuries even if the accident wasn't your fault.

This doesn't mean that you can't claim, but the compensation you recover will be reduced by a percentage that reflects your level of responsibility. However, in any of the above cases, we must be able to prove that someone else was responsible for the accident that led to your injuries in order to initiate an HGV injury claim.

The evidence you can gather to support an HGV accident claim

To succeed in a compensation claim, you need strong evidence. If it’s safe, you should try to take photos of the damaged vehicles and the road layout in the immediate aftermath of the accident. These images should show the position of the vehicles involved and the weather conditions when the accident happened.

If anyone saw the accident, ask for their contact details. Witness statements can be the difference between a successful claim and a failed one, and your solicitor will follow up with witnesses who have provided their details to gather supporting statements.

Do not admit fault at the scene, as this could harm your chance to claim compensation later. This means that you should not apologise or discuss the circumstances of the accident. Let the investigators decide who was responsible based on the facts and the accident scene details, and gather evidence so that your solicitor can show why you were entitled to compensation.

Once you've spoken to a solicitor, we'll help you to gather more evidence. For example, if there were other vehicles involved, they may be able to provide dashcam footage that provides a clear picture of how the accident happened. Tachograph data from the driver and footage from any forward-facing or side cameras, with which many commercial vehicles are equipped, can be especially useful.

We can also look for CCTV from nearby buildings or petrol stations and recover it before it's deleted, which often proves exactly who was at fault. In our experience, most claims are settled early and without the need for court proceedings when we build a strong case from the outset.

The nature of your injuries

You will need to show that the accident caused you physical or psychological harm. You may also be able to recover related financial losses, such as lost earnings or treatment costs, in a lorry accident claim. These injuries can include relatively minor injuries, but we must provide evidence of how they were sustained and how they have affected your life. More serious injuries will generally lead to more HGV accident compensation, but are not a requirement. Speak to a solicitor for advice if you are unsure whether you are able to claim based on your circumstances.

Injuries for which you can claim range from post-traumatic stress disorder and whiplash injuries to more serious neck and spine injuries. Speaking to a medical professional soon after your accident is a good way to make sure all of the injuries sustained in the accident are noted in your medical records, which in turn will allow us to push for a fair compensation amount.

Commercial vehicle accidents like rear-end collisions or those involving pedestrians can lead to life-changing injuries. For example, a brain injury will usually need specialist care and long-term support that should be factored into the compensation you are owed. Spinal damage or neck injuries are another common result of serious accidents involving heavy goods vehicles, and can lead to permanent paralysis or chronic pain. The cost of care for these injuries is very high, and our goal in these cases will be to secure a settlement that covers your care for the rest of your life.

You can claim for financial losses alongside your injuries, provided the right evidence is in place. This means that you will receive more compensation to cover:

• prescription costs
• private physiotherapy sessions
• travel expenses to and from medical appointments
• damage to personal property
• the cost of care provided by family members
• lost income during your recovery
• future lost earnings if you are no longer able to work or perform the same job

Provided we can show that someone else’s negligence caused you injury, you can usually claim compensation for HGV collisions and other such accidents.

Time limits

There's a strict time limit for most personal injury claims. You typically have three years to make an HGV claim from the date the accident happened, and if you don't start your claim before this limit expires, you will lose your right to compensation. In some cases, the time limit may begin from the date that you realised that your injury was connected to your accident, if this wasn't obvious straight away.

There are a few situations where the time limit is different. For cases where the injured person was a child, the three-year clock doesn't start until they turn 18. This means they have until their 21st birthday to claim. However, a parent or guardian can start the claim for them at any time before they turn 18.

If a person lacks the mental capacity to make their own decisions, the time limit can be paused. If they recover their capacity, the three-year limit starts from that date. In some cases of permanent brain injuries, there is no time limit at all.

With that said, starting early makes it easier to gather evidence like witness statements, so it's best to act as soon as possible while the details of the accident are still fresh in your mind.

What happens when I contact a solicitor?

When you contact Switalskis, we'll let you know whether we think you're entitled to claim based on the circumstances of your road accident, the evidence you've collected, the injuries you've experienced and the relevant time limits. We offer a free initial consultation where we can talk this through and enable you to decide how to proceed.

If you want to go ahead with making the claim, we'll start to gather evidence on your behalf. We use this to prove that your injury was related to your accident and, along with the Judicial College Guidelines and other resources, calculate how much compensation you could be owed. Then, we'll get in touch with the person we believe was responsible for your accident and formally notify them that you are starting a claim.

At Switalskis, we typically handle HGV, lorry and truck accident claims on a win no fee basis. This means you don’t have to pay any upfront legal fees to start your claim, and there's nothing to pay if your claim is not successful. This makes it easy to make a claim without worrying about any financial risk and lets you focus on your recovery.

In most cases, claims are resolved without the need for court proceedings, and compensation recovered may be paid as a lump sum or as a series of payments over time. However, if we need to take the matter to court, we'll work to secure the highest compensation amount possible.

Contact Switalskis today

If you or a loved one has been involved in an HGV accident and you believe you are entitled to compensation, everything starts when you get in touch. Our specialists in lorry, HGV and truck accident compensation understand the serious nature of these injuries and will work to secure a final settlement that reflects the full impact of your injuries on your life.

Call our serious injury team today on 0800 1380 458 or contact us through the form on our site.