Lorry driving involves far more than time behind the wheel. Many serious injuries to HGV drivers happen while the vehicle is stationary: falling from a trailer while sheeting or strapping, being struck during loading, or being hurt by a faulty tail lift. Others result from collisions and fatigue on the road.
What accidents commonly affect HGV drivers?
Falls from trailers, cabs and load beds; injuries from tail lifts and loading equipment; manual unloading injuries; being struck by forklifts or moving loads at depots; dock and loading bay incidents; vehicle rollovers; and road collisions, including those linked to fatigue.
What does the law require from employers?
Your employer must maintain the vehicle and its equipment in a safe condition and plan work so that it can be done safely. Relevant rules include:
- Drivers' hours and working time. The assimilated drivers' hours rules (Regulation (EC) 561/2006) and the Road Transport (Working Time) Regulations 2005 limit driving and working time and require breaks and rest. Employers must schedule work so drivers can comply.
- Work equipment. Tail lifts, curtains, ratchets and access steps are work equipment under the Provision and Use of Work Equipment Regulations 1998 and must be maintained, suitable and used only by trained drivers.
- Lifting equipment. Tail lifts are also lifting equipment under the Lifting Operations and Lifting Equipment Regulations 1998, so they need periodic thorough examination by a competent person, at least every 12 months, or every 6 months if used to lift people, or as set by an examination scheme.
- Work at height. Sheeting and strapping should be planned to avoid climbing on loads where possible, using gantries, mechanical sheeting systems or ground-level methods.
What if fatigue contributed to the accident?
If your schedule made it impossible to take legally required breaks, or you were pressured to exceed your hours, your employer is likely to share responsibility. If you chose to keep driving when you knew you were unfit, a court may reduce your compensation for contributory negligence, but it would not normally defeat the claim. See what if the accident was partly my fault?.
What if someone else caused the crash?
If another road user was to blame, the claim is usually against their motor insurer. Your employer may also be liable if a vehicle defect or unsafe schedule contributed.
What about accidents at other companies' depots?
The occupier of a depot or distribution centre owes you a duty as a visitor and under section 3 of the Health and Safety at Work etc. Act 1974. See workplace vehicle and pedestrian accidents and forklift accidents at work.
What evidence helps?
Tachograph records, defect reports and walkaround checks, tail lift examination reports, delivery schedules, photographs and witness details. Ask for tachograph and telematics data promptly.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.