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A work van accident is an incident resulting in harm or damage involving a vehicle used for employment purposes. Such accidents can be deeply harrowing, often having lasting physical, psychological, and financial consequences. In the aftermath of a work van accident, you’ll need to seek medical attention, report the incident, and gather evidence of what happened. To claim for a work van accident, you must prove that you were injured as a result of the negligent actions of another road user or your employer.
Key Takeaways
- Work van accidents can result from drivers going over the speed limit, failing to take appropriate precautions, or operating a vehicle while under the influence.
- A work van accident can involve multiple parties, including the driver of the work van, other motorists, cyclists, and pedestrians.
- Employers may also be liable if the injury results from failing to maintain the work van or properly train drivers.
- Due to the varying nature of work van accidents, injuries can range from fractures and dislocations to brain damage and amputations.
- Our road traffic accident solicitors provide comprehensive support to clients, including evidence gathering, filing paperwork, and negotiating compensation.
At Advice, we understand that determining who is liable for a work van accident can feel overwhelming to figure out when all you want to do is focus on recovery. That is why our advisory team work around the clock to provide the answers and help you find out if you can claim compensation. If you do have a case, one of our specialist solicitors will carefully assess your needs to provide you with the best possible representation.
To learn more, you can contact an advisor using one of the options provided below:
- Contact us online
- Call on 0161 509 2856
- Message on our live chat
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Select A Section
- Advice On Claiming For A Work Van Accident
- Examples Of Claims For Work Van Accidents
- Immediate Steps After A Work Van Accident
- How Much Compensation Could You Claim?
- Why Choose Our Team When Claiming For A Work Van Accident?
- Related Guides On Road Traffic Accident Claims
Advice On Claiming For A Work Van Accident
There are several criteria that you must meet in order to seek personal injury compensation for a van accident, including:
- Proving that you were owed a duty of care by a third party
- Showing this duty of care was breached
- Demonstrating that you experienced harm as a result of the breach. This is negligence, for which you could be eligible to make a personal injury claim.
When Could I Make A Road Traffic Accident Claim For A Work Van Accident?
The Road Traffic Act 1988 places a duty of care on road users to navigate the roads in a way that prevents themselves and others from experiencing harm while using the roads. Additionally, the Highway Code gives detailed guidance on the responsibilities each road user has.
If a road user fails to uphold their duty of care, it could lead to you experiencing harm in a work van accident. For example, an HGV driver may fail to check their mirrors before overtaking on a motorway, which causes them to crash into the side of you. As a result, you experience multiple injuries, such as a neck injury and a head injury.
You may be eligible to seek compensation for your injuries if you can prove they were caused by a road user not upholding their duty of care. However, it’s important to note that the way you make your claim may differ.
This is due to the implementation of the Whiplash Reform Programme, which means adult passengers and drivers with injuries valued at less than £5,000 will claim in a different way. Additionally, the value of whiplash-related injuries will be calculated using the tariff outlined in the Whiplash Injury Regulations 2021.
If the total value of your injuries is above £5,000, you will claim the traditional way. Also, if any of your injuries are not included in the tariff, they will be valued traditionally.
Could I Claim Against My Employer?
In some cases, you may be able to claim against your employer if they were liable for your work van accident. For example, your employer being aware of a fault with the vehicle and advising you to drive it anyway may lead to you sustaining injuries in an accident.
To learn more about whether you could be eligible to seek personal injury compensation and the way you would need to make your claim, get in touch with the number above.
Examples Of Claims For Work Van Accidents
Injuries resulting from drivers speeding, being under the influence of drugs or alcohol, or causing a collision due to distraction are some examples of claims for work van accidents. Depending on the nature of the work van accident, injuries can range from severe head trauma to fractures and soft tissue damage, including:
- A HGV driver suddenly pulls onto a roundabout without warning, careening into your work van. The ensuing collision leaves you with whiplash, a neck injury, and multiple fractures to your legs and knees.
- A bus driver is going over the speed limit to get back on schedule when they rear-end the back of your work van. This results in you sustaining a serious back injury to your spinal cord, causing temporary paralysis.
- Your employer knew the brakes of the work van were faulty, but had failed to repair them and still made you use this vehicle. This caused you to crash and suffer a neck injury when you were unable to brake the vehicle at a red light.
You may also experience psychological harm such as anxiety, depression or stress from the car accident.
If you are successful in making a personal injury claim, you could be eligible to seek compensation which addresses the way in which your injuries have impacted your quality of life.
Immediate Steps After A Work Van Accident
The immediate steps you should take after a work van accident include getting appropriate medical attention, reporting the incident to the police and your employer, and gathering any evidence that is safe to do so. These steps can create an official record of what happened to you and help support any subsequent claim you make.
Below, we’ll take a detailed look at what steps you will want to take following an accident:
- Get medical care: You should seek treatment following an accident, even if you don’t have immediate symptoms of an injury. This will also create a formal record of your injuries, their severity, and long-term impact.
- Report the work van accident: Notify your employer of the incident and ask for a copy of the accident book entry, if available.
- Inform the police: Road traffic accidents resulting in injury and damage to a third party must be reported to the police.
- Start gathering evidence: Take photographs from multiple angles showing the position of each vehicle, road conditions, the damage sustained, and your injuries.
- Preserve records: Hold onto financial documents of your out-of-pocket losses and all relevant correspondence with your employer, insurer, and the police.
- Exchange driver details: Get the other road user’s contact details, insurance, and car registration number.
- Obtain eyewitness contact details: Additionally, collect the contact information of anyone at the scene. A solicitor could use this to prepare witness statements for your claim.
- Connect with a solicitor: A road traffic accident solicitor can help you navigate the claims process and gather evidence for your case, such as a copy of your medical records and dashcam footage.
For more information about working with a solicitor and the services they could offer, you can get in touch using the details provided above.
How Much Compensation Could You Claim?
Following a successful work van accident claim, you could receive up to two heads of claim within your settlement.
The primary head is known as general damages and accounts for the pain and suffering that has been inflicted by the injury. The severity of the impact on your life can influence the amount of compensation you receive, alongside other factors, such as the treatment you required and your recovery period.
In addition, solicitors can use the Judicial College Guidelines (JCG) to help them value your injuries. This document contains different types of injuries which have corresponding compensation brackets. We have used some of these to create the table below.
All claims are different, though, so you should use the JCG figures only as a guide. The first entry isn’t from the document, and the last 2 entries are from the whiplash tariff and are fixed amounts.
Compensation Table
| Injury | Compensation | Notes |
|---|---|---|
| Very Severe, Multiple Injuries + Special Damages | Up to 1 million + | Special damages might be for physiotherapy costs, medical expenses, and lost income. |
| Very Severe Brain Injury | £344,150 to £493,000 | The person is injured to the extent of needing full-time care. They also show little, if any, evidence of a meaningful response to their environment. |
| Moderate Brain Injury (i) | £183,190 to £267,340 | There is an intellectual deficit that is moderate to severe as well as an impact on the senses and personality. |
| Paralysis Injuries | £267,340 to £346,890 | Paraplegia, with considerations including degree of pain, level of independence, and life expectancy. |
| Arm Amputation (i) | Not Less Than £167,380 | One arm is lost and is amputated at the shoulder. |
| Hand Injuries | £117,360 to £133,810 | One hand is completely or effectively lost. Includes cases where the hand is crushed and surgically amputated. |
| Severe Back Injuries (ii) | £90,510 to £107,910 | Cases with special features including nerve root damage alongside other issues such as loss of sensation and mobility impairment. |
| Severe Neck Injuries (iii) | £55,500 to £68,330 | Injuries that result in fractures causing chronic conditions and a significant disability that is permanent. |
| Serious Shoulder Injuries | £15,580 to £23,430 | Dislocation and damage to the lower brachial plexus causing shoulder and neck pain. |
| One or more whiplash injuries with one or more psychological injuries of a minor nature | £4,345 | Symptoms persist for 18-24 months. |
| One or multiple whiplash injuries | £4,215 | Symptoms persist for 18-24 months. |
Further Payouts You Could Be Eligible To Claim
The other head of claim you could receive as part of your settlement is special damages. Special damages compensates for the financial losses incurred as a result of your injury. For example, you could claim back the cost of:
- Travel, such as to and from medical appointments.
- Medical expenses, such as prescriptions.
- Lost income due to needing time off work to recover from your injuries.
You need to provide evidence of these losses, including receipts, payslips and invoices.
For more information on the compensation you could receive following a successful claim, get in touch using the number above.
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Why Choose Our Team When Claiming For A Work Van Accident?
No Win No Fee is an umbrella term for different types of arrangements. One in particular that our solicitors can offer their services under is called a Conditional Fee Agreement (CFA).
When working with a solicitor under a CFA, you typically won’t need to pay for their services upfront, during the course of the claim or if the claim fails.
At the end of a successful claim, you will be charged a success fee. This is taken from your compensation but is legally capped by the Conditional Fee Agreements Order 2013, which means you can’t get overcharged.
Get In Touch With Our Team For More Advice
If you want more information about the process of making a work van accident claim, you can speak to one of our advisors for free today. They can answer any questions you may have pertaining to your potential case. To get in touch, you can:
- Contact us online
- Call on 0161 509 2856
- Talk to an advisor via our live chat
Related Guides On Road Traffic Accident Claims
We have provided additional external resources that you might find helpful:
- NHS – Whiplash
- GOV – Request CCTV footage of yourself
- Think! – Advice for road users
For more information on when you could be eligible to make a work van accident claim, get in touch with an advisor via the details provided above.
