Foreign lorries in British road accidents

Accidents will happen and with 15,000 foreign lorries on British roads the chances you will encounter one in a road accident are higher than you think. The Roadside Lawyer looks at the issue of foreign hauliers operating on British roads.

A roadside spot check in July of 63 foreign lorries showed 41 were not totally roadworthy of which 18 were required to be detained. In another initiative the Vehicle and Operator Services Agency (VOSA) checked 802 vehicles and 352 were found to be in a poor state. Of the 520 drivers checked, one in four were found to be on the road longer than is allowed.

Dodgy vehicles and tired drivers provide the necessary conditions for an accident waiting to happen and news reporters on our sister site injurywatch.co.uk are seeing foreign lorries feature in their road accident news stories ever more frequently. Recent fatalities include an M11 crash where two died after their car was struck on the hard shoulder by a Polish driver who was found to be over hours and to have made a false tachograph entry. In another incident a German driver was charged after four died on the M6 last week.

For every fatal case there are many more accidents, most of which don't make the news. In a recent case reported to Injurywatch a Hungarian driver in a 32 tonne lorry changed lanes striking a Mazda MX5 where the M3 joins the M25 sending the tiny open topped sports car spinning across all six lanes. Miraculously the driver was unhurt. Police stated the lorry driver's mirrors were inadequate or incorrectly set to enable the lorry driver to see the car - a common complaint.

While foreign lorry drivers pose a real risk to road safety, the legal advice in the event of a crash is much the same as for that which applies to one with a UK vehicle, with certain important provisos:

• "bumps" are rare and collisions involving lorries are usually more serious than those involving cars. Chasing information across borders is always difficult, even within the EU. If you are involved in an accident with a foreign driver you should always alert the police.
• be aware that foreign lorries may well have a different number plate on the trailer to that which is on the lorry. Make sure you record both (and which is which)
  

Uninsured foreign drivers

Amazingly information on banned foreign drivers and stolen lorries is only rarely shared across European borders - although legislation is in train to make this possible - along with roadside fines for minor offences and deposits demanded up front if a case needs to go to court.

If you are involved in a road accident with an uninsured foreign lorry you will be able to claim from the Motor Insurers' Bureau in the same way as if you were hit by a UK registered uninsured vehicle bu you will need full and detailed information to make your claim.

Your Crashmate accident evidence pack - supplied with full Crashguard membership is particularly useful for recording the evidence when language difficulties hinder what might otherwise be a relatively simple claim.

Free legal advice direct to your inbox: Ask Law Answers your road accident or traffic offence legal question.