This guide on work van accident claims will explain your options if you’re involved in a Road Traffic Accident (RTA). We’ll look at how you could be compensated for accidents caused by another road user or the driver of the van if you were a passenger injured in a work van accident. Additionally, you could make an accident at work claim if you’re injured in a van accident caused by a mistake made by your employer.
If you’d like to see if you might be eligible to claim for injuries sustained in a work van accident, we could help. As part of a free initial consultation, we’ll review your case and offer legal advice about what to do next. If you decide to make a claim, you’ll be connected with a personal injury solicitor from our team. If they agree to represent you, they won’t ask for legal fees to be paid upfront as they’ll provide a No Win No Fee service.
To find out more about work van accident claims, please read on. To discuss your claim with a specialist right away, please call 0800 6524 881 today.
Table of contents
- Am I Eligible To Make A Work Van Accident Claim?
- Common Injuries From Work Van Accidents
- Common Causes Of Accidents In Work Vans
- How Much Compensation For A Work Van Accident Claim?
- Evidence To Support A Work Van Accident Claim
- Work Van Accident Claim Time Limits
- Starting The Work Van Accident Claims Process
The Road Traffic Act 1988 places a legal duty of care on all road users to act in a way that reduces the risk of injury to others (including passengers). As such, you could be eligible to claim compensation if:
- The defendant in your claim breached their duty of care by driving negligently; and
- The work van you were travelling in was involved in an accident; and
- You suffered injuries during that accident.
In almost all scenarios, a van driver or van passenger will be owed a duty of care by the individual who caused the accident. Therefore, you don’t need to be too concerned about proving this and we’ll check it’s true when you call. Later on, though, we’ll explain what you could do at the scene of the van accident to help secure important evidence to support your claim.
The Health and Safety at Work Act 1974 places a duty of care on employers to keep staff safe as much as possible. This means that you could claim for injuries sustained in a work van as a passenger or driver if those injuries were a result of your employer’s negligence. For example, a personal injury claim could be based on injuries caused because:
- The work van had not been serviced at regular intervals.
- Your work van had been overloaded.
- There were known faults on the van that had not been repaired.
- The driver of the van was tired after driving too many hours.
- The driver was not used to driving a larger vehicle.
- Training had not been provided on how to load the van safely.
In these scenarios, you may need to make an accident at work claim rather than a road traffic accident claim. Don’t worry about which is relevant in your case as this is something we’ll review for you during a free consultation.
As a van driver or passenger, you could be injured in a number of ways if the works van is involved in a collision. We haven’t listed every single injury here but some that are commonly claimed for include:
If you’ve sustained these or any other injuries as a van passenger or driver, please contact us to discuss your options.
The government introduced reforms in relation to whiplash compensation claims in 2021. The main change is that any claim valued at less than £5,000 must be managed by the claimant through an online portal.
Therefore, if you call us to assess your claim, we’ll provide a compensation estimate where we can and advice on whether you should claim with a personal injury solicitor or manage the claim yourself.
Anybody injured in a work van accident could be eligible to claim compensation if the accident was caused by negligence. Whether this was a negligent act by another motorist, a pedestrian or the van driver, you could claim for injuries caused by:
- Speeding or dangerous driving.
- Road rage.
- A van driver that was using their phone, radio or satnav.
- Drink or drug driving.
- Driving the van too fast around a bend causing it to topple over.
- Vehicles that pull out in front of your work van at a junction.
- Head-on collisions caused by overtaking vehicles.
These are just a few of the accidents that could lead to a work van accident claim. Even if yours is not described here, please get in touch and we’ll consider your case for free.
The level of compensation you’ll receive for your injuries if you win your work van accident claim will largely depend on their severity. This will need to be confirmed by an independent medical assessment (which usually happens locally and won’t take long). Until that report is sent to your solicitor, we can’t offer a specific compensation estimate. However, our compensation calculator does include a range of potential compensation amounts for road accident injuries:
In addition to your physical pain and suffering, you could also claim for:
- Mental suffering such as distress and anxiety.
- The impact your injuries have on your normal hobbies (loss of amenity).
- Lost income. If you can’t earn as much in the long term because of your injuries, future loss of earnings could also be claimed.
- Medical and care costs.
- Travel expenses.
- Replacement costs for clothing or other personal items damaged during the work van accident.
- Quality of life improvements to your home if you’ve been left with mobility issues or a disability.
To try and make sure that you are compensated properly, your solicitor will review your claim with you in detail before it’s sent to the defendant.
Although you won’t automatically be thinking about a compensation claim if you are injured in a work van accident, there are some steps you could take to help secure evidence just in case. This evidence is important because without it you could miss out on any compensation you’d otherwise be entitled to. Therefore, the steps you could take after a van accident include:
- Take photographs. Before any vehicles are moved, try to take pictures that help to identify how the accident occurred.
- Get witness information. If anybody else stopped at the scene of your van accident and witnessed what happened, ask for their contact details. If your solicitor needs to, they’ll ask them for a statement later on.
- Visit A&E. You should always seek treatment for any injuries at a hospital, minor injuries unit or a GP surgery. Your medical records could be used to prove your injuries.
- Report the work van accident. If you were injured in a work van, report the incident to your employer. They’ll need to keep a record and your copy of the accident report form could be used as evidence.
- Secure dashcam footage. If your van or the other vehicle has a dashcam, you’re entitled to ask for a copy of the footage.
Taking the steps above won’t take too long but they could increase your chances of being compensated. Let us know about any evidence you’ve got when you call and, if your work van accident claim is taken on, your solicitor will work hard to secure anything else that’s needed.
In general, you’ll have 3 years to start a personal injury claim following a road traffic accident. Usually, this period will commence from the date of the work van accident. While 3 years is a good amount of time, we’d suggest that you seek legal advice as soon as possible.
That’s because, if your injuries are still causing problems, you could be awarded interim payments to cover the cost of private medical treatment before your claim has been settled. The defendant may agree to pay these costs if they’ve already admitted liability. Also, the sooner you begin your claim, the sooner you’ll be compensated if your claim is successful.
If you’ve been injured as a passenger in a van accident or as the van driver, please feel free to call us on 0800 6524 881 today. By doing so, your case will be considered by a specialist and you’ll be given free advice about your chances of receiving compensation. If you decide to make a claim, we’ll partner you with a personal injury solicitor on our team.
Any claim taken on will be managed on a No Win No Fee basis which usually results in a less stressful process. That’s because you’ll know from the outset that you’ll only have to pay legal fees if you are compensated.
For further information on work van accident claims please call our team today or use our online chat service.