Works Vehicle Accident: Broken Down Hire Car Hit By A Bus
Works vehicle accident claims solicitor explains how to claim compensation for back & neck injuries caused when a works vehicle is hit by a bus; how to hold the bus company liable for the bus driver’s error; why your job will not be affected by a claim; how to calculate compensation amounts for your injuries; claiming for financial loss and expense.
Works Vehicle Accident Question
I work at an airport in England for a for a vehicle hire company.
A mechanical failure occurred to one of our car hire vehicles whilst on the main entrance road to the airport. I pushed the car to the side of the road and put the hazard lights on.
I called my supervisor who came to assist. While I was sitting in the car waiting for my supervisor to arrive and assist in moving the car off the main entrance road, an airport bus tried to pass.
The bus was travelling at about 10 mph and hit the back of the hire car causing the it to jolt forward violently.
My supervisor was approaching as this happened and seeing what was about to happen – he shouted for the bus driver to stop.
After the accident we exchanged details with the bus driver, who admitted that he was distracted by one of the passengers and had not expected a stationary vehicle on the side of the main road.
Clearly my vehicle was broken down and the bus driver should have passed by on the other side of the road as there was plenty of room.
I was taken to hospital by a colleague and was diagnosed with whiplash to the neck & shoulder and lower back injury.
Can I claim for my accident and will my job be at risk by making a claim?
Works Accident Solicitor Response
It seems clear that the bus driver was in error.
In the course of your employment you were entitled to use the main entrance road to the airport. It is likely that the markings on the airport main entrance road would not allow vehicles to wait or park. You had however broken down and taken proper steps to warn other road users by putting your hazard lights on. You had also acted promptly in attempting to gain assistance from your supervisor to move the broken down vehicle.
The bus driver accepted that he was distracted by a passenger. Even if this was not the case – he should have observed the road conditions, including your broken-down vehicle, and either stopped or passed by safely on the other side.
I therefore do not anticipate a difficulty in proving a claim for compensation.
The claim would be made against the bus company. As the employer of the bus driver, the bus company would be liable for the negligence acts of their employees (known as vicariously liable for the torts of their servants).
As your claim would be made against the bus company not your employer – there is no reason that you should have a problem with your employment.
Even if in different circumstances you were claiming against your employer – there is very little chance your job would be affected.
How much are whiplash and lower back injuries worth?
You would also be able to claim for financial loss and expense as a direct result of the accident.
Deciding whether to claim compensation for your works vehicle accident
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