What are lorry and HGV accidents?

Lorries and heavy goods vehicles (HGVs) are a common sight on UK roads, and while most journeys made by these vehicles occur without incident, accidents are inevitable. Unfortunately, due to their size and weight, when accidents do happen the risk of severe injury is increased.

In 2023, the government announced a change of legislation that would allow longer lorries to be driven on UK roads. The move is thought to have the potential to boost the economy by £1.4 billion, while saving 70,000 tonnes of carbon dioxide from being released into the air.

Lorry and HGV drivers are obligated to undergo training and to follow strict regulations regarding how long they are behind the wheel, in an attempt to ensure safe practices are followed and the risk of accidents is kept as low as possible. When the worst does happen, however, it’s important that those affected know how to react, and what help and support is available to them.

What does the law say about driving lorries or HGVs?

According to UK law, any vehicle that weighs more than 3.5 tonnes is classified as a heavy goods vehicle (HGV).

The government also places strict rules on drivers in terms of how long they are allowed to be behind the wheel within a given period of time. For instance, a HGV driver cannot drive for longer than 4.5 hours without a break of at least 45 minutes, and can only drive for 9 hours a day. They must also not exceed 56 hours of driving in the course of a week, though they are not allowed to drive more than 90 hours over the course of two weeks (so if a driver worked for 56 hours in the first week, they would not be allowed to work for longer than 34 in the second week).

By law, all hours driven must be logged and tracked, and any driver found to have broken the rules can be issued a fine of up to £1,500 for breaches within a 28 day period. If a driver has more than five breaches in any 28 day period, they can be taken to court and their vehicle immobilised.

What are the most common causes of lorry accidents?

As lorries and HGVs are so large and cumbersome, special care needs to be taken not only by the driver, but also by other road users when driving near or overtaking them. This is because lorry drivers often don’t have the same level of visibility in their wing mirrors, and have no visibility of road users who get too close to the back of their vehicle.

Some common causes of lorry and HGV accidents include:

• Tailgating: when a motorist drives too close to the rear of another vehicle, without leaving enough room for the front driver to react to potential hazards (such as emergency braking)
• Failure to look or notice potential hazards: a type of negligent driving where a driver is not paying enough attention to what is happening around their vehicle
• Driver fatigue: the driver of the lorry or HGV has not had enough rest and concentration begins to slip, making mistakes far more likely
• Driver distractions, such as mobile phones, or use of alcohol or drugs: It is illegal for drivers to use mobile phones while driving, or to be under the influence of alcohol or drug
• Vehicle condition: the lorry or HGV has not been properly maintained, reducing the functioning of the vehicle, or it has been poorly loaded, making it more prone to overturning
• Weather conditions: bad weather, such as strong winds, can affect the balance of the vehicle, particularly at high speeds or in exposed areas

What can I claim for as part of a HGV accident claim?

When making a claim for a lorry or HGV accident, the damages you can claim for fall into two categories; general and special.

‘General damages’ refers to any physical or mental injuries caused by the accident. The amount that you will receive will be determined by the extent of the injury caused, and by how quickly you are likely to recover, according to a medical expert.

‘Special damages’ refers to any other expenses or losses that you may incur because of your injuries. For example, it can include the loss of any wages if you have been unable to work, any physiotherapy or other treatments you may need to pay for, any adaptations to your home that may be required, or any travel costs (if, for instance, you’ve been unable to drive).

If any of your property has been damaged in the accident – for instance, your car, bicycle or motorbike - you will also be able to claim for the cost of any repairs or, if the damage is too severe, you can claim the current market value towards a like-for-like replacement.

How do I make a claim for a lorry or HGV accident?

To make a claim for compensation, you’ll need to be able to prove that the lorry driver was responsible for the accident, either by negligence or because of poor vehicle maintenance, and you sustained injuries as a result.

You should try to collect as much evidence as you can from the scene of the accident, if possible. This should include the driver’s details, the number plate of the cab and of the trailer (these can sometimes be different), and any photographic evidence that shows the extent of the damage, as well as where and how the accident occurred.

If the accident involved an international lorry, the driver should have a ‘Green Card’ to show that they are insured to drive in the UK. You should request this information from the driver if you can.

Why choose Slater and Gordon?

When not handled or maintained correctly, lorries and HGVs can present a significant risk to both the driver and other road users, and injuries sustained in a lorry accident can be severe.

Our team is consistently ranked highly in reputable independent legal directories, such as Chambers and Partners, and the Legal 500, and are among the best and most experienced injury lawyers in the country.

We work closely with medical professionals to ensure each and every one of our clients receives the best possible outcome, both in terms of finances and future care. We also have an in-house rehabilitation coordinator, who is on hand to provide immediate support, allowing you to focus on your recovery.

To start your claim, speak to a member of our team by contacting us online or calling 0330 041 5869.