Truck accidents often result in substantial injuries, and it is important that you are adequately compensated when this occurs. “Adequate injury compensation” includes factors such as compensation for your pain and suffering, any emotional trauma you have suffered and the impact that your injuries have had on your quality of life.
You are also able to recover any loss of income or expenses you have incurred in injury compensation claims for truck accidents, and – if you have been so badly injured that you may not be able to work again – it is important that how much compensation for truck accidents you receive adequately reflects the full consequences of your injury.
For professional legal advice about claiming injury compensation for truck accidents, you can call our Solicitors Advisory Bureau. We will be able to advise you of all the factors you can include in a claim for truck accidents compensation, so that – when your claim is settled – you should be no worse off financially than if the accident had never occurred.
Posted: September 5th, 2018
A Dublin-based van driver who failed to attend work on his “fed-up days” has been awarded €2,000 for unfair dismissal after the Workplace Relations Commission ruled that there had been an absence of fair procedures in place at the transport company that the was working.
The CEO of the transport company that fired the driver in May 2017 advised the WRC he had not attended work for eight working days and “three fed-up” days over a three-month period.
The man won his unfair dismissal claim at the Workplace Relations Commission (WRC) which has also directed the company to pay the man €879 in unpaid wages along with the €2,000 award.
In his claim for unfair dismissal, the van driver argued that there was no basis for the company to dismissing him from his position and that he was never put through a disciplinary process. There had been no previous warnings before he was sacked and he admitted that he had missed a few days and called them his “fed-up days”. When he attended for work on May 15th at 7am, he was advised that there was no work for him.
The transport company stated that the van driver agreed with his employer’s perception that he was unhappy and disillusioned with the job and accepted that he could not go on just showing up for work when he felt like it. The company also said that the driver accepted that his job was in danger.
In ruling that the man was unfairly dismissed, WRC Adjudication Officer, Marie Mulcahy stated that, regardless of the actions of the driver or the degree of wrongdoing, the employer “must follow fair procedures”. She (Ms Mulcahy) added that the driver “was deprived of any process conforming to the requirements of natural justice. There was no advance notice that dismissal was being contemplated, no process, no right of representation offered and no appeal procedure provided”.
She said that the driver played a part in his dismissal by withholding information from the employer in relation to his return to work where his employer had to hire an alternative employee and previous occurrences of absences where he did not inform them he would not be at work.
The employer told the WRC they had withheld €879 in unpaid wages as twelve televisions the driver was delivering went missing while he was the driver was transporting them for a client to an An Post delivery centre on April 29 2017.
Posted: June 15th, 2018
Benjamin Heffernan, a former bin man who experienced a severe brain injury after he was thrown from a waste disposal truck to the roadhas settled his work injury compensation action for €3.5m.
Mr Heffernan fell through the side door of the van cracking his skull in the fall and being inflicted with a brain injury, his solicitor Liam Reidy SC advised the High Court. He was working with a van that was owned by Killarney Waste Disposal when he was bringing compost bins to households in the Durrus area of Bantry, Co Cork at the time of the accident occurring when the incident occurred in January 2015.
When he landed on the road after being thrown from the bin lorry, Mr Heffernan lost consciousness and was rushed by ambulance to nearby Dunmanaway. From there he was airlifted to Cork University Hospital where he underwent an emergency craniotomy. After this he was later brought to the National Rehabilitation Hospital, Dublin. He remained in the hospital until August 2015.
Mr Heffernan, now aged 50, will no long be able to work though he has regained some mobility according to his legal representatives. In approving the work injury car accident compensation settlement Mr Justice Kevin Cross said he felt it was a good one and he wished Mr Heffernan and his family all the best.
Solicitor Amy Connolly of Cantillons Solicitors, speaking outside the court, said Mr Heffernan had remained in hospital for 33 weeks following the accident having experienced life changing injuries. She said: “This settlement will provide for the ongoing care of Mr Heffernan, but no money can ever truly compensate him for the effect his injuries have had on his day to day life”.
Counsel for the waste disposal company argued that Mr Heffernan had allegedly told the driver to proceed before he got in the back of the van. Additionally it was claimed he (Mr Heffernan) did not ensure the van was decommissioned when he allegedly was aware of a defect in the latch of the van door. Mr Heffernan denied these claims.
Posted: December 2nd, 2016
A man has been awarded compensation for aggravating injuries in a van accident after being described as a “very unfortunate accident prone individual”.
While the plaintiff was waiting at a junction by the Thomond Bridge in March last year, he was hit from behind with “significant impact” by a car that “came out of nowhere”. The work van he had been driving was a write-off and, while he was reporting the accident to his employer, the car driver responsible for causing the accident drove off – mounting the kerb and hitting the wall of the bridge as he left.
The injured van driver – a thirty-eight year old father of two from Rhebogue in County Limerick – suffered an aggravation of existing injuries to his neck, shoulder and lower back. He attended his GP the following day and allegedly suffered for the next six months. He claims to have sustained “psychological issues” as a result of the accident and is still receiving injections to manage the pain.
The car driver responsible for causing the accident was traced and the plaintiff claimed compensation for aggravating injuries in a van accident. The car driver´s insurance company had its doubts about the legitimacy of the claim, and denied its consent for the Injuries Board to conduct an assessment. The plaintiff was subsequently issued with an authorisation to pursue his claim in court.
The hearing took place at Limerick Circuit Court, where counsel for Liberty Insurance – the negligent driver´s insurance company – told Judge James O´Donohue that the plaintiff had made a substantial number of personal injury claims in the past. Five of the previous personal injury claims related to road traffic accident that had aggravated existing injuries on each occasion.
Judge O´Donohue also heard that the plaintiff was on disability benefit for his existing injuries and was only able to work a limited number of hours each week. Noting that he had been “well compensated in the past”, Judge O´Donohue awarded the plaintiff €10,000 compensation for aggravating injuries in a van accident and described him as a “very unfortunate injury prone individual”.
Posted: February 22nd, 2013
A 25-year-old Wicklow man has been awarded €300,000 in compensation by the High Court after he was hit on the head by the wing mirror of a council truck.
Mr Justice Iarflaith O’Neill heard how Ciaran Chestnutt was standing at pedestrian traffic lights on Paddy Brown’s Road, Waterford, on October 26, 2007 when he was struck by the mirror of a passing truck. As a result of the accident the victim suffered memory loss, the development of a permanent black spot in the vision of his right eye and a permanent scar on his forehead. The victim also lost his sense of taste and smell and missed a year of college.
Waterford City Council – which owned the truck- and employed the driver, denied their liability but after hearing evidence from witnesses representing both parties, Mr Justice Iarflaith O´Neill said he was satisfied the accident was caused by the negligence of the driver and therefore the Council was vicariously liable. Awarding the compensation the judge said Mr.Chestnutt’s injuries have had a huge impact on his life but he has done extremely well coping with his injury.
Posted: November 23rd, 2012
In a landmark case, an Irish court has settled an overseas accident compensation claim made by a Dublin resident who was injured in a road traffic accident in France.
Peter Kelly (75) of Ranelagh, Dublin, suffered a hip injury which eventually led to him requiring a hip replacement after he was hit by a council maintenance van while crossing the Traverse de la Tour in Cannes in June 2009.
Mr.Kelly made an overseas accident compensation claim against insurers Groupama and although the insurance company accepted liability for Mr Kelly’s injuries, it argued that French law should be applied when assessing compensation as the levels awarded are considerably lower in France than in Ireland.
At the High Court in Dublin Mr Justice Iarfhlaith O´Neill accepted this argument but said that French compensation figures would be used as a guide only in determining the amount of compensation to be awarded for an overseas accident.
As Mr Kelly had been a very active person prior to the accident and was now no longer able to play tennis or cycle and was restricted in the normal day-to-day activities he could do without assistance. As his ‘loss of amenity’ was significant the judge applied the methodology under which a French court would make its award but increased the value of the overseas accident compensation claim to Irish levels.
Mr Kelly was awarded €63,900 for pain and suffering and as the two parties had already agreed on special damages of €24,267, the full amount of compensation awarded for the overseas claim was € 88,167.
Posted: May 18th, 2012
A 26-year-old women has had her €7 million settlement of compensation approved by the High Court. Valerie Bourke of Carrick-on-Suir, County Tipperary suffered serious brain damage after her car collided with a truck in May 2006 when she was 21 years old.
The accident occurred on the Carrick-on-Suir to Waterford road and from there Ms Bourke was taken to Waterford Regional Hospital where she remained for eleven months. She was then transferred to the National Rehabilitation Centre in Dun Laoghaire and from there to a neuro-rehabilitation centre in England six months later. In December 2008 – two and a half years after the accident- she was able to return home.
Ms Bourke’s parents had renovated the family home to accommodate her needs although the court heard that her mobility and cognitive functions remain limited. The driver of the truck Patrick Holden and its owner Stefan Gilchrist of Piltown, County Kilkenny admitted liability for the victim’s injuries and Mr Justice Iarfhlaith O’Neill approved the settlement ordering €4 million to be put aside for Ms Bourke’s future care. He also announced that an application was to be made to make Valerie Bourke a ward of court.
Posted: February 16th, 2011
A man who had his arm severed below the elbow by a truck has settled his road accident claim for a severed arm out of court.
Sean Geraghty of Oldcastle, County Meath had his right arm severed five inches below the elbow while adjusting his wing mirror. The incident occurred on the night of July 15, 2003 when it was argued that a lorry driven by Edward Gavin passed by Mr.Geraghty’s vehicle. The victim was taken to hospital but paramedics were unable to locate his arm at the accident scene and it was speculated in court that foxes or rats may have taken it.
The lorry driver denied that he was aware any collision had taken place at the time although blood was later found on the truck. Due to the injury sustained, the victim had to give up working as a driver and has been unable to resume sports such as swimming and pitch and putt golf.
The road accident claim for a severed arm was settled out of court.