Our client was a HGV driver who was returning home in his lorry to Northern Ireland on a night Ferry.  Having driven onto the ferry, the boarding staff directed him to his parking position, very close to a steel wall on one side and another HGV on the other.  Our client switched off his engine and then tried to get out of his cab, but found that he was unable to, as both doors would only open a small distance due to obstructions on both sides.  Knowing that it was illegal for him to stay in his vehicle during the ferry crossing, he tried to squeeze out through the small gap, but as he put his foot on the top step of the cab, he slipped banging his head on the steering wheel, wrenching his arm and twisting it awkwardly.  He sustained injuries to his head, arm, neck and shoulders and suffered symptoms from his injuries for nearly 18 months following the accident.  We were able to recover personal injury compensation for him of £5,000.

A brief summary of events is set out below.

Date of Accident:  November 2013

Time between formal instruction and successful conclusion:  We took on the case in September 2014 and managed to settle it in May 2016.

How the claim proceeded:  Our client already had solicitors in Northern Ireland representing him, but as the ferry company was registered in England and had denied liability for the accident, they were no longer able to represent him, so we took over conduct of the case.

Having notified the ferry company’s insurers of our involvement, they responded reiterating their denial of liability, on the basis that they had no record of the accident.  However, our client maintained that he had reported it to the traffic office on arrival in port at Belfast and had a copy of a handwritten note from a member of the port staff, acknowledging the accident.  He also had a colleague travelling on the same ferry in a different vehicle who witnessed him trapped in his cab.  The colleague had also reported him trapped in his cab to the ferry staff, but they took no action to assist him vacating his cab, which resulted in him being trapped inside his vehicle for the whole of the ferry crossing.

The next step was to arrange for our client to be examined by a medical expert and in April 2015 we received a comprehensive written report from an A & E Consultant.  He noted that our client had suffered a blow to the head, suffering nausea but no loss of consciousness.  He also commented that he had sustained an injury to his left elbow and shoulder but should fully recover within 19 months of the accident.

We then put forward a settlement proposal to the insurers and made preparations to issue court proceedings, if a settlement could not be agreed, as the deadline for doing so from the date of the accident was fast approaching.  In September 2015 they responded repeating their denial of liability and advising us that they were not prepared to negotiate a settlement, so we then issued court proceedings against the ferry company.

Were Court proceedings necessary?:  Yes.  Having issued proceedings in October 2015, we began to prepare for an eventual trial date.

In May 2016, just before a court date was set, we made a final attempt to negotiate a settlement with solicitors representing the ferry company and just 2 weeks later were able to successfully settle the claim to our client’s satisfaction.

Was a trial necessary?:  No.  We managed to settle the case just prior to a court date being set.

Outcome:   The client secured £4,500 for his injuries and £500 for his financial losses, including his loss of earnings for the period following his accident when he was unable to work.

Comment: Having instructed him where to park, the ferry boarding staff put our client in a hazardous position, as he had to attempt to vacate his cab with no real space to do so, in an unsafe manner and as a result caused himself injury.  If the ferry company had followed a safer process for boarding and parking of vehicles this accident would never have happened and our client would not have sustained injuries.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

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