Works van blown into ditch in high winds: can the driver claim compensation for his injuries?

I was injured in a road traffic accident on 18/01/2007 after being sent out at work to make deliveries in the works van in East Anglia. The strong winds whipped across the fens and blew the van over. It rolled twice before falling into a ditch where I was trapped. Two men dragged me from the vehicle and I was took to hospital where I was found to have a broken leg, whiplash, headaches, extreme back pain plus cuts and bruises. I have been told by three claims management companies and a specialist personal injury solicitor that I cannot claim as it was an Act of God. Can it be true that I am not entitled to claim compensation for my injuries?

Unfortunately this is the type of personal injury compensation claim that those advertising No Win No Fee on television would not touch as the Act of God defence is almost inevitable.  However our panel solicitors have agreed to pursue a personal injury claim in a very similar case as in their view, the employer may well be liable.

The high winds on the 18th January may have been very severe but had been forecast for several days with severe weather warnings for many areas.  A transport manager should be aware that a fully loaded van will instantly lose its stability in such winds when returning empty to the depot.  Ordinarily, winds would not be expected to cause the vehicle to flip over (and the employers or their insurers may consider whether they have a claim against the manufacturers) but this incident would not have been unforseeable and unlike falling trees or rooftiles, where an active urgent step would be required to prevent a claim, journeys of this nature should have been postponed or alternative steps taken to ensure that the van was partially loaded with ballast for the return journey.  If the accident happened in the afternoon, when the extent of the problem had been broadcast in the media, the employers position would be worse. 

Liability is not clear cut in such a case but injury claimants in situations like these should seek expert professional advice from the Roadside Lawyer as to the individual circumstances.

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