Truck Accident Lawyers in Scotland
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Our specialist truck accident lawyers can help you if you’ve been injured in a truck, lorry, HGV or other commercial vehicle accident in Scotland. We represent drivers, passengers, cyclists, pedestrians, motorcyclists and workers injured in commercial vehicle accidents.
You may be able to claim compensation for your injuries, loss of earnings, rehabilitation and other financial losses. Scottish personal injury law is different to the laws in England and Wales so specialist Scottish advice is important. We have experience dealing with complex claims involving drivers, employers, haulage companies, insurers and other parties who may be liable. If you are looking for a truck accident lawyer or a commercial truck accident lawyer you can request a free case assessment.
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Truck, Lorry and Commercial Vehicle Accident Claims in Scotland
Accidents involving commercial vehicles and trucks can involve:
- HGVs
- LGVs
- Articulated lorries
- Tankers
- Tipper trucks
- Delivery vehicles
- Commercial vehicles.
These accidents could have occurred in various scenarios like:
- Highway accidents
- City accidents
- Backing up accidents
- Loading/unloading accidents
- Jackknife accidents
- Rollovers
- Accidents involving vehicles registered in other countries.
These are all types of road traffic accidents which can cause serious injury cases. People may use different terms when searching for legal help after a truck collision, including:
- Semi truck accident lawyer
- Truck crash lawyer
- 18 wheeler accident lawyer
- Semi accident lawyer
In Scotland, however, these claims are handled by solicitors who understand Scottish personal injury law.
If you have been injured in an articulated lorry accident or other truck collision in Scotland you may be eligible to make a HGV accident claim or commercial vehicle injury claim. Responsibility can be difficult to determine, with many parties and complex evidence.
Who Can Make a Truck Accident Claim?
Following a truck accident, drivers, passengers and other road users may be able to make a personal injury claim. This includes:
- HGV drivers
- Van and delivery drivers
- Pedestrians
- Cyclists
- Motorcyclists
- Agency workers
- Employees injured at work
You might also be able to make a claim if your liability is disputed or you were partly to blame. Contributory negligence may reduce the compensation payable but does not necessarily prevent a claim.
If you’ve had an accident at work, employer liability, public liability and negligence may be factors in your claim.
Common Causes of Lorry and Truck Accidents
Truck accidents may be caused by the following:
- Driver fatigue
- Speeding
- Distraction
- Alcohol or drug impairment
- Poor maintenance
- Defective brakes or tires
- Overloaded vehicles
- Insecure cargo
- Inadequate training
- Poor weather
- Road defects.
A solicitor can look at tachograph records, telematics, black box data, maintenance records and DVSA compliance to work out how the accident happened, and whether the haulage company was negligent.
Driver Negligence and Human Error
Driver negligence may result from poor judgement, failure to observe, failure to comply with traffic laws or errors arising from inadequate training. Evidence can help determine if the driver’s actions caused or contributed to the crash.
Driver Fatigue and Drivers' Hours Regulations
Driver fatigue can severely affect concentration and reaction times. Tachograph records can help to determine if the drivers’ hours requirements were met and if fatigue was a factor in the accident.
Vehicle Maintenance and Mechanical Failure
Poor fleet maintenance can cause brakes, tires, steering or other mechanical parts to fail. Maintenance and inspection records can indicate whether proper checks were made.
Unsafe Loading and Cargo Securement
Lorry overloading or insecure loads can affect the stability of vehicles and increase the risk of collision. The company, or contractor who loads the vehicle may be liable.
Poor Road Conditions and Weather
Ice, flooding, poor visibility, potholes and other road defects can all lead to accidents. Depending on the circumstances, either the driver or the organisation responsible for maintaining the road may be responsible.
Speeding, Distraction and Reckless Driving
Driving at speed, using a mobile phone, being distracted or driving recklessly can increase the chances of a collision happening and make the accident more severe. CCTV, telematics and witnesses can help to establish what happened.
Multi-Party Liability: Who Is Responsible for a Truck Accident?
There can be multiple defendants in a truck accident. Apart from the driver, these could be the:
- Employer
- Haulage company
- Fleet operator
- Maintenance contractor
- Vehicle manufacturer
- Loading company
- Local authority
- Third party contractor.
Fleet operator liability can result from bad maintenance. Product liability can be invoked where an accident was caused by a defective component in a vehicle. Dangerous road defects may also contribute to the collision and if so, local authority liability may also have to be considered.
If more than one party was involved in an accident your solicitor can investigate the liability of each party and deal with any disputes with the insurance company.
What Should You Do After a Truck Accident?
Here’s what to do after a truck accident:
- Get medical help and keep your medical records.
- Report the collision to police where appropriate.
- Swap insurance and contact information.
- Take pictures of the vehicles, road, damage and visible injuries.
- Get witness information.
- Gather dashcam footage and any other evidence of the crash.
- Document expenses and lost income.
- Seek legal advice as soon as you can.
Getting advice early can help preserve things like CCTV, witness statements, police reports, dashcam footage and insurance details. This can be vital when making road traffic accident claims.
Making A Personal Injury Claim In Scotland
Our panel of experienced personal injury lawyers excel in handling cases against well-funded insurance companies.
Our specialised injury lawyers will assist you with your claim, keep you informed throughout the whole process, and provide you with legal advice that is easy to understand.
01
Get In Touch.
Tell us your story, we're here to listen and provide you with an initial assessment based on your circumstances.
02
We’ll Prepare Your Claim.
We'll be by your side to take care of the legal process. We'll keep you informed of every step of the way.
03
Receive Compensation.
If your claim is successful, we'll ensure that you get your compensation as soon as possible.
Injured While Driving a HGV for Work?
If you are a HGV driver, delivery driver, logistics worker, warehouse worker or agency worker you may be able to claim after an accident at work.
Legislation such as the Health and Safety at Work Act places duties on employers in relation to health and safety, risk assessments, training and vehicle maintenance. If these duties aren’t met, the accident may be the result of employer negligence.
You may worry about making a claim on your employer, but many workplace claims are dealt with through the employer’s insurers, so you don’t have to sue your employer personally.
Crucial Evidence for a Successful Truck Accident Claim
Evidence can be:
- Medical records
- Accident and police reports
- Witness statements
- CCTV footage
- Dashcam footage
- Tachograph records
- Telematics
- Maintenance logs
- Inspection reports
- DVSA records and photographs.
Serious collisions call for accident reconstruction and an independent expert witness. Solicitors have access to evidence such as telematics and black box data that an injured person may not be able to obtain themselves.
Medical evidence is particularly important when assessing the nature, severity and long-term effects of different types of injury. This can be particularly important when someone has suffered a spinal or back injury from a major road crash, as expert medical evidence may be required to understand the impact on their future health and ability to work.
How the Truck Accident Claims Process Works
The claims process usually begins with an initial consultation and investigation. Your personal injury solicitor will gather evidence, prove liability, arrange for a medical assessment and determine the financial losses you’ve suffered.
Settlement talks generally occur when the evidence and the medical position is sufficiently clear. If no settlement can be reached, court proceedings and litigation may be necessary.
Timescales depend on injuries, evidence, complexity of the claim and liability. Your solicitor will keep you updated and inform you if going to court is required.
Calculating Compensation for an HGV Accident in Scotland
Personal injury compensation in Scotland depends on the circumstances of the individual claim. The compensation can cover the injury itself and any financial loss, resulting from the accident. Potential losses include:
- Pain and suffering
- Loss of earnings
- Pension loss
- Rehabilitation costs
- Medical expenses
- Travel expenses
- Damage to vehicle (if appropriate)
- Future care
- Adaptations
- Ongoing financial losses
Medical evidence can be vital in serious cases involving serious injury from a heavy goods vehicle collision. This might be an injury to the spine or back from a serious road crash or other major injury that requires ongoing treatment.
General Damages
General damages cover pain, suffering and the effect an injury has had on your life.
Financial Losses and Special Damages
Special damages can include financial losses you have suffered as a consequence of an accident, such as medical bills, travel expenses and lost income. Depending on the circumstances, compensation may help you recover wages and income lost following a serious accident.
Future Losses and Long Term Care
Loss of earnings in the future, rehabilitation, care costs or home adaptations can result from serious injuries. Appropriate medical and financial evidence should be used to evaluate such losses.
Meet The Team
Morag MacKenzie
Senior Claims Manager
Skye Robertson
Head of Serious Injury
Fiona Graham
Long-Term Illness Specialist
How Long Do You Have to Make a Truck Accident Claim in Scotland?
The usual Scottish time limit (or limitation period) for a personal injury claim is 3 years from the date of the accident. However, there are some exceptions, for example, claims involving children or individuals who lack legal capacity.
It is important to get advice early as evidence can become more difficult to obtain with the passage of time.
No Win No Fee Truck Accident Claims
A No Win No Fee solicitor could potentially work on a Conditional Fee Agreement basis. Depending on the arrangement, you may not have to pay legal fees upfront, but a success fee may apply if your claim is successful. Where appropriate, a claim may be handled on a No Win No Fee basis, meaning eligible clients may not have to pay legal fees upfront under the terms of the funding agreement.
Before you continue, your solicitor will explain the agreement, legal fees and any potential financial risks. Ask for a free eligibility assessment to see if this funding arrangement is available to you.
Why Choose Our Scottish Truck Accident Lawyers?
Choosing the right truck accident law firm can be especially important if the crash involved a commercial vehicle, serious injuries, or multiple liable parties. We combine specialist knowledge of commercial vehicle litigation with an understanding of Scottish courts and court procedure. We provide bespoke legal advice, communication and client-centred support throughout the claims process.
You may also come across searches for a:
- Serious truck accident lawyer – A specialist lawyer can help with complex claims involving serious injuries, disputed liability or multiple parties.
- Truck accident attorney – People may use this term when searching for legal advice following a truck accident, although Scottish claims are handled by solicitors.
- Truck accident attorneys – Specialist solicitors can investigate the circumstances of a truck accident and help establish who was responsible.
- Trucking accident attorney – This is another search term used by people looking for legal assistance following a commercial vehicle collision.
- Trucking accident attorneys – Experienced legal professionals can help investigate evidence and pursue compensation following a serious truck accident.
- Truck injury attorney – Legal advice can help people understand whether they may be entitled to compensation following an injury caused by a truck.
- Truck crash attorney – A specialist solicitor can advise on liability, evidence and compensation following a serious truck crash.
If you are looking for experienced truck accident solicitors or a commercial vehicle accident lawyer our specialist personal injury lawyers in Scotland will help you throughout your claims process.
Frequently Asked Questions About Truck Accident Claims
Can I claim if the truck had foreign licence plates?
Yes, if the truck had foreign licence plates, you might still have a claim. Whether a claim is successful or not will depend on the facts of the accident, and the parties involved.
Will I lose my job if I claim against my haulage employer?
No. Most claims are processed through the employer’s insurance companies so your job won’t be affected.
How long do truck accident claims usually take?
There is not one timeline for all claims. A simple claim may settle quicker than a complicated claim with disputed liability, multiple parties, or long-term injuries.
How long do I have to make a truck accident claim in Scotland?
The usual time limit for making a claim is three years from the date of the accident. However, there are exceptions. The relevant period will depend on the circumstances, so you would need a solicitor to evaluate your case.
What if I was partly responsible for the accident?
You may still be able to make a claim. If you were partly at fault, your damages may be reduced to reflect your percentage of fault.
How is compensation calculated after a serious HGV accident?
You can claim general damages for injury and special damages for financial losses including loss of earnings, rehabilitation costs and future care where appropriate.
Will I have to go to court?
Not necessarily. Many claims are resolved by negotiation and agreement, although where liability or compensation cannot be agreed, court proceedings may be required.
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