questions involving trucks

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Caught for speeding on two cameras within a mile: do they count as one penalty? — by Murdo Maguire — last modified 2007-02-28 10:36

As an HGV driver I have fallen foul of the dreaded mobile camera. I was recently informed that two offences for which I received separate summons for each that took place within minutes of each other going in the same direction should only be classed as one offence. Is this correct? Also the nine points on my licence were issued in Jan/ 2004 are all coded SP20. The offences all relate to driving a HGV class one I understand from the same source that this coding is also incorrect and should be SP10. Is this the case and would I have had any redress had I known these facts earlier? I hope your answer may help others in the future should they get caught by two cameras on two bridges less than a mile apart on the same road facing the same way.

Switching off engine when driver leaves vehicle — by Murdo Maguire — last modified 2007-02-07 06:32

I am a refuse driver for my local council and they have just brought in a rule that no driver is permitted too get out of their lorry to help load refuse into the back of the truck without turning the engine off first. Is there a law that states this or are they making iit up ?

GAP (Guaranteed Asset Protection) Insurance and its merits when buying a car on finance — by Murdo Maguire — last modified 2007-02-06 03:33

I am thinking of buying a new car on finance but the hire purchase company is very keen I should spend about £200 extra on what it calls GAP insurance which it says will protect my losses if I have an accident and the vehicle is written off or stolen and the insurer offers me the trade price when I will need to pay the retail price for a replacement. Can you advise what this is all about and what the benefits are to me?

Uninsured motorcyclist on provisional licence: does this mean liability is automatically awarded against him in event of accident claim — by Murdo Maguire — last modified 2007-02-05 01:52

My stupid son bought a motorcycle and was driving it without insurance and with only a provisional licence. A lorry turned into him whilst he was driving to work. This caused him very serious injuries which he nearly died from. My question is, if a claim for damages is made against my son will he be held responsible for the collision due to him not having a valid licence or insurance? Even though the accident was clearly the fault of the lorry driver?

Motorcycle accident injury follows skid on oil next to garage blackspot. How can I claim compensation? — by Murdo Maguire — last modified 2007-01-31 06:43

My son is a motorcyclist and travels into Taunton on his bike every morning passing a large yard where a number of haulage companies are based. There is also a filling station on site. After the garage the road goes into a gentle slope and slow bend. Yesterday my son was travelling along the road which was damp, but free of snow and ice when suddenly the bike zig-zagged and slipped from under him. He skidded down the road on his leathers but unfortunately crashed into a metal fence. He has a broken arm, leg and ribs plus whiplash and one of the fence poles pierced his upper thigh. His bike and leathers are wrecked. The police of course attended and concluded from the skid marks he had not been speeding. There was a considerable amount of diesel on the road and the officer told me that the accident probably resulted from a lorry from the depot overcharging its tanks. There have apparently been three similar accidents there in 2006. Obviously we would like to make a claim but we cannot identify the individual lorry driver responsible, nor even the particular haulage company concerned. With no defendant how can he recover his losses on the damage to the vehicle and claim compensation for his injuries resulting from the accident?

Works van blown into ditch in high winds: can the driver claim compensation for his injuries? — by Murdo Maguire — last modified 2007-01-24 10:48

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?

Narrow road means truck needs to cross white line. Does that mean they will always be held responsible for any accident? — by Murdo Maguire — last modified 2007-01-22 15:55

I operate a small fleet of trucks near the Kentish village of Seal, near Sevenoaks. At one point near the centre of the village, the road is so narrow that it is almost impossible for my drivers not to go over the centre of the road. If an accident occurs, are we always going to be liable?

Driver strikes truck which departs scene. Did he comply with all legal requirements? — by Murdo Maguire — last modified 2007-01-19 06:42

I bumped a truck causing no discernible damage to it but I did cause minor damage to my car. I stopped about 15 or 16 yards up the road where it was safe to pull in. I could see that the driver of the other vehicle was in the left turn awaiting to get onto the major road. I couldn't see any damage to his vehicle. As my mobility is not that good my wife got out of the car and went back to the scene. The driver of the other vehicle did not get out or even stop. He just continued his journey. My wife did not get his number and noticed no damage to his vehicle. I am satisfied that it was my fault. I have reported it to my insurance company who are dealing with it. As we can't get the police to deal with much around here, should I report it to them? As I am concerned I think I have complied with the RTA. Is that so? Your comments please.

Foreign lorry fails to stop at accident scene: how do I proceed with damage and personal injury recovery? — by Murdo Maguire — last modified 2007-01-11 07:57

My son recently had an accident on the M4 when a lorry hit him on the nearside rear wing/bumper. He has suffered minor whiplash and his car is damaged. There was a witness to the accident. The lorry drove off despite my son following for a short distance and flashing his lights. The lorry was apprehended by the police approximately 80 miles eat of the incident. The driver was foreign (Polish, we understand) and the police have notified me of his name and insurance details (in Poland). They do not intend to prosecute the driver and the lorry was only inspected superficially before being allowed to proceed. The driver could not speak English and neither admitted nor denied that he had hit my son's car. The registration was foreign, albeit the trailer was a British based international haulage company. I am considering engaging a solicitor on a no win no fee basis. My question is: what is the likelihood of winning an action against the driver, and if the chances are good, what are the chances of receiving compensation? If we are successful, but do not receive payment, am I liable to pay my solicitor?

Partner seriously injured in road accident. What steps should the other partner take? — by Murdo Maguire — last modified 2007-01-02 13:43

My husband was badly injured in a motorway collision when he braked to avoid a lorry accident in front to have his car struck from behind by another lorry. He has multiple physical injuries and remains in a coma. Although I work in a department store, he was a sales director for a bathroom company and provided much of our income. We have a large mortgage and I have already been contacted by his employer, who while being very supportive and sympathetic, hinted that they were examining their legal obligations to him. His doctors will not say whether he will recover or will ever work again. I spoke to someone from a claims firm over the holiday who are pressing me to sign up to them but they said it could take years before any payment might be made. What financial arrangements are usually made in such circumstances? Is there a possibility of an interim payment and are there any steps I should take to protect my interests?

Accident involving a foreign lorry: ensuring that the owners pay for damage — by Conrad Murray — last modified 2007-09-10 09:46

Last week my car was hit by a foreign lorry while I was parked by the roadside. How can I ensure that the foreign owners of the lorry pay for the damage caused and can I simply pass his details to my insurance company?

Foreign lorries in British road accidents — by Conrad Murray — last modified 2006-12-20 15:39

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.

Third party insured, struck by foreign lorry needs car hire — by Conrad Murray — last modified 2006-12-20 15:33

I have a friend who was hit by a foreign lorry on the motorway in the UK. My friend was insured third party but their car was written off. Their insurance company is telling them that it will take months to get payment and that it is not wise to get a courtesy car as the foreign insurer may refuse to pay for it. What do you advise?

No fault accident where other driver disappears — by Conrad Murray — last modified 2006-12-20 14:51

I was travelling on the A5 dual carriageway when traffic began to build up and eventually came to a halt almost adjacent to a slip road. The lorry in front of me began to reverse seemingly to get enough space to take the slip road. He obviously could not see me or didn't know how close I was. To avoid him crashing into my car I reversed closer to the car behind stopping just short of it. The bar on the rear of the lorry trailer then hit my car pushing me into the car behind. The lorry then moved forward and left the A5 by the slip road. I only have partial details of the numberplate and there was no company name on the box. The driver behind saw what happened and agreed with my version of events but is now filing an insurance claim for the damage to their vehicle. Mine is damaged both back and front but I am unfortunately only covered third party fire and theft. Is there any defence I can use to protect my no claims bonus and any action I can take to recover the cost of damage to my car?