Posts Tagged ‘accident claim’
A lorry driver who drove into a sozzled reveller is having a personal injury claim brought against him on the grounds that the trucker should have realised that he was drunk. South Croydon reveller Carl Heaven has filed a claim for an “unlimited” amount of money in damages from Brian Williams and Containerlift Services after suffering multiple broken bones. This was after he was hit by the back of the 44 tonne lorry being driven by Mr. Heaven.
Mr. Williams, a plumber is claiming that he was hindered from returning to work for over seven months as a result of the pain from his injuries. Mr. Heaven’s team of lawyers argue that Mr. Williams should have realised “given the time of night and their appearance”, the plumber and his friend “were likely to be drunk and likely to behave unpredictably”.
Mr. Heaven’s solicitors contend that he should have “stopped completely or reduced his speed to a point where he was almost stationary”, so he could observe the pair of revellers using his wing mirrors. The legal team also added that the trucker should have realised the probability that his rear wheels could have collided with Mr Heaven.
At the time of the accident, Mr. Heaven, a 32-year-old plumber and his friend were both drunk on the High Street in Abingdon, Oxon at about 2.45am on June 20, 2007.
An employee at the Essex-based Containerlift Services, Mr. Williams was at the time of the accident taking a left turn from Bridge Street into the High Street. According to the police statement, this is when he says he saw the revellers “larking around” in the middle of the road.
After “waving” at Mr. Williams, a resident of the Isle of Wight, the revellers moved on to the kerb on the left side of the road, as the trucker drove past them. Mr. Heaven then claims that the back wheels of the lorry caught him and dragged him “a significant distance” along the road, leaving him with injuries including a broken left arm in three places, a broken right arm and right leg.
Having filed his personal injury claim on June 18 this year, Mr. Heaven could win damages worth thousands of pounds.
A date for the case to be heard has not yet been set.
An RMT member who suffered extensive injuries to his wrist after being exposed to a dangerous risk by his employer has received a substantial compensation for his accident claim. Maurice Marshall from Newark in Nottinghamshire was employed by Network Rail Infrastructure Ltd in July 2005.
The fifty one-year old worker was standing at an authorised access point opposite the railway tracks when he picked up a shovel just as the 6.30 am Derby to Barnsley train was passing by. The shovel was caught by the train’s slip stream, and Mr. Marshall’s right hand was snapped back. The authorised access point had previously been assessed, and recommendations had been made that it should be moved. Shockingly, Network Rail had not acted immediately on these recommendations.
After this incident took place, Mr. Marshall contacted the RMT which instructed its lawyers to pursue an accident claim for compensation on behalf of Mr. Marshall. His solicitors stated that the victim had suffered a horrendous personal injury which had caused him huge suffering, as well as having an impact on the type of work he would be able to do, and what he would be able to do socially for the rest of his life.
Some of the injuries that Mr. Marshall suffered included open fractures of the radius and ulna in his wrist, which has resulted in the lack of grip, movement and strength. Following the accident, he has undergone 3 operations, as well as 2 skin grafts. Mr. Marshall still works for Network Rail as a trackman, but he will be put on light duties for the remainder of his working life due to the fact that he has limited movement in his wrist and cannot lift weights of more than 5 kilos. Mr. Roach also expressed his sadness at no longer being able to take part in hobbies that he used to enjoy, such as playing football with his grandchildren, for fear that he would fall on his wrist.
Track inspectors from Network Rail had already highlighted that this access point was dangerous and it ought to be moved, but the company had not taken any steps to warn their employees. Network Rail admitted liability and settled the accident claim out of court. Employees involved in track maintenance duties have an inherently dangerous job. Safe access points are important in ensuring that workers are kept safe from trains, which normally pass by at high speeds.
A community enforcement officer who received injuries after being issued with ill-fitting, second hand body armour has received personal injury compensation. The officer, Anthony Roach, succeeded with his compensation claim through the help of his trade union, as well as a firm of leading personal injury lawyers. The duties of community enforcement officers involve investigating a wide range of potentially dangerous situations including noisy neighbors, fly tipping and illegal street trading.
Mr. Roach, who comes from Eaglescliffe in Teeside, received the work related injury because he had to wear ill fitting armour while working long shifts for Stockton Borough Council. Mr. Roach was left with serious back strains and shoulder problems after he was issued with faulty second hand armour, which he required to protect him from stabbings. For his compensation claim, Mr. Roach was awarded £2,000 by the Middlesborough County Court, which found Stockton Borough Council liable for failing to provide the victim with appropriate protective equipment.
The ill-fitting armour had been issued to Mr. Roach in April 2006. He complained to his superiors in September that the armour did not fit well, and that he had developed back strains and shoulder pains. It was found that Mr. Roach had been given second hand armour from Northumbria Police and the Kevlar plates that were inserted in the back and front were of different sizes. This weight pulled the officer to the left, and he had to compensate for the imbalance by adjusting his body, which resulted in his injuries.
Mr. Roach said that he had suffered from a lot of back strains, pains, aches and sleepless nights for ten months, because of the ill fitting armour. The community enforcement officer won his compensation claim for the work related injury through the assistance of his trade union Unison, which enlisted the services of specialist accident claim solicitors on behalf of its member.
The thirty one-year old community enforcement officer worked eleven-hour shifts for Stockton Borough Council’s neighborhood services team. His duties involved having to investigate complaints in potentially dangerous situations, for which he had to wear the faulty body armour at all times. Several of Mr. Roach’s colleagues had also complained about their ill fitting equipment, but nothing was done about these complaints until June 2007 when Mr. Roach was put on light duties. His solicitor has since stated that employers have a duty to ensure that protective equipment fits correctly and is adequate for the job the employee is expected to carry out.