Lady Solicitor Personal Injury Claim Lady Justice Old Bailer

Delivery Driver Wins Injury Compensation after Defendants Deny the Accident Happened.

Mr H was employed as a delivery driver. On the day of the accident he was asked to deliver several large lengths of steel to the Defendants’ premises. The steel was very heavy but on arrival Mr H was told that there was no one to take delivery and no forklift truck was available. Mr H suggested that he leave and return at a later date but the Defendants were insistent that the steel be delivered that day a. Mr H felt he had no alternative but to proceed with the delivery and manually removed the steel from the lorry.

Mr H slid the steel to the edge of the lorry and asked the Defendant to stand back when he pulled the end of the steel clear, intending to allow the other end to drop to the floor. However, the Defendant pulled his end of the steel off the lorry first without any warning. This caught Mr H by surprise and crushed his right fingers under the steel.

A personal injury claim was pursued against the Defendants on a No Win Fee basis. They denied liability for the accident, arguing that Mr H’s employers were responsible for breaching the manual handling regulations by failing to ensure that Mr H was properly trained and properly equipped. Mr H was however reluctant to involve his employers as many employees often are. We therefore agreed with Mr H that the claim would just be pursued against the Defendants on the basis that they had been negligent in not following Mr H’s instructions and also by failing to ensure that there was forklift or adequate equipment available when they knew that the delivery was expected.

Liability for the accident and Mr H’s injuries continued to be denied throughout the claim with the Defendant even denying that the accident took place at all!

Witness statements were obtained from people who had helped Mr H following the accident. Hospital records were obtained which confirmed Mr H’s version of events. Mr H’s tachograph also was used as evidence to confirm his time of arrival and his journey to the hospital.

Faced with this evidence the Defendant realised they were going to lose the claim. Negotiations for an out of court settlement were entered into and it was agreed that Mr H would accepted 15% responsibility for the accident (known by personal injury lawyers as contributory negligence) on the basis that as an experienced delivery driver he should have known not to unload the steel in the manner he did. The personal injury claim was ultimately settled for a total amount of compensation in excess of £5,000 which fully compensated Mr H for his injuries and the earnings he had lost as a result of the accident at work.

View other industrial accident claims and driver related injury claims including the Derby delivery driver that fractured his leg whilst moving uneven stacked pallets on his lorry. This lead to the driver recovering compensation for the accident at work that left him unable to work for 16 weeks. Then there is the case of the HGV driver winning a calim against his employer. The case related to a supermarket distribution centre where the driver noted that the load had slipped and became dangerous. On his own, he tried to alter the load and fell from the lorry leading to a back injury compensation claim