A guide to making a No Win No Fee tractor accident claim
The Health and Safety Executive (HSE) describes the agriculture as one of most dangerous industries.
HSE records show that almost one person a week was killed whilst working in agricultural during the last ten years. The biggest causes of fatal and serious accidents in agriculture are moving and overturning vehicles. Tractor drivers are particularly at risk as tractors tend to be driven on steep and slippery inclines.
Agricultural workers who drive tractors must receive appropriate training on the safe use of their vehicle. The tractor itself must be in good working order, regularly checked and appropriately maintained.
If injury is sustained by an agricultural worker in a tractor accident, where the above precautions have not been taken, a personal injury compensation claim may be made.
Tractor accidents on a farm
Tractor accidents on farms can cause serious injuries.
The legal Regulations covering the safety of farm workers using tractors are:
- Workplace (Health Safety and Welfare) Regulations 1992 - these Regulations place a duty of care on farm employers to ensure the safety of their workers. The Regulations include a stipulation that vehicles should be able to move around the working environment safely.
- Provision and Use of Work Equipment Regulations 1998 - these Regulations outline best practice on the provision of training in the use of work related equipment (including vehicles, such as tractors). The Regulations also stipulate that work related equipment must be properly maintained, and in good working order.
The HSE provides further advice to ensure tractors are safe to drive:
- Vehicles should be safety checked daily - particularly the braking systems
- Faults should be repaired immediately
- Seat-belts should be fitted in the vehicle cab - and tractor drivers should be using them
- Roll-over protective structures (ROPS) should be fitted to the vehicle if there is a risk of overturning
- Loads attached to the vehicle should be safety checked and appropriately counter-balanced (to reduce roll-over risk)
Tractor accidents can cause injury to the tractor driver and adjacent workers. Both tractor drivers and adjacent workers who are injured in tractor accidents may be able to make compensation claims.
If a farm employer is proven to have been negligent in their duty of care, the employer may be held liable to pay personal injury compensation.
Tractor accidents on the road
Tractors on public roads can be involved in collision accidents with cars and other vehicles. Because tractors are large and heavy vehicles, tractor accidents can result in severe personal injury.
Where injury has been sustained, a claim for personal injury compensation can be made by all parties involved in the accident.
Responsibility for the accident may be proven to lie with one party entirely, or be split between the parties.
In tractor accidents on public roads, Claimants would make their claim against the insurer of the liable party (the Defendant).
No Win, No Fee tractor accident claims explained
A tractor accident No Win, No Fee compensation claim is started with an injured Claimant signing up to a Conditional Fee Agreement (CFA) with a solicitor.
The CFA sets out the work executed by the lawyer and the success fee. This success fee will be the fee to be taken from your damages when the claim is won.
Find total peace of mind knowing that there will be absolutely nothing to pay at the outset. There are no hidden fees when choosing a Quittance solicitor.
How to proceed
Making the right decision depends on having the correct information. Get your questions answered before you choose a lawyer.
Get more information online without being required to pick up the phone. Read our frequently asked questions here.
Compare personal injury lawyers
Most personal injury lawyers serving tractor accident will take on your case on a conditional fee (no win no fee) basis as this is the industry standard. But what will they charge you if your claim is successful?
To see how much of a difference the best injury lawyer could make to the level of compensation you keep - get a comparison quote.
Once you have decided to get underway, you can begin the injury claim by phoning 0800 612 7456 or through the contact form here.
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