Motoring/legal help needed

[Bry Nylon]

The Digger on the flatded was very tall in fact as I followed it off the A23 and under the underpass on to the A273 I remarked to my wife that it only had a foot or two clearance.

The police didn't attend as no one was injured. I think Amahwrang has a good point regarding taking appropriate care, that road has a canopy of trees over it in places and I feel he should have known that the height of his vehicle was unsuitable for that road.

It could be argued that if you'd earlier observed the load was abnormally tall, and then followed it down a road with a canopy of trees, appropriate care would have been hanging back a bit...?

If it struck a branch which fell down and hit your car I'd imagine the insurance company would say you were driving too close. Put it down as one of those things.

 

[drew]

The problem will be proving it, As Edna said the had the police attended they may have got involved because of the H&S aspect, but they would need to prove his lack of care, he could easily have said "I've never been down this road before" which may even be true and as such proving negligence then would be very difficult! Don't follow your logic there. If he has never been down a road before and he has a vehicle with abnormally high load then he should be exercising greater caution!

It will be down to the insurance companies to argue the toss, and as no-one was hurt I doubt very much suing for stress is really an option.

I know it would be good to get the "driver" back as he was obviously not doing his job properly, but sometimes these things don't happen!

As Bry Nylon stated the case may well be that you should not have been so close. Yes the driver was at fault but the extent of damage is due to you being too close. Judging by the post, I am assuming this happened today and so was in broad daylight. You state the branch landed on your bonnet. This would suggest you were far too close. Obviously we don't know how fast you were both going but I doubt that a flatbed with a digger on top would be racing along so the driver may well argue that he was being cautious.

Having worked in claims I would suggest there are plenty of solicitors that would love a crack at this one on a no win no fee basis but equally insurers may well defend it. For argument sake you would need to show you have suffered stress as a result which may entail a trip to the doctors because they are unlikely to accept if you just went about your normal day to day business following the incident.

Did you take any photo's with your mobile. Could be the arm of the digger was not as low as it should have been which might help your case.

Afraid lots of ifs and buts but at the end of the day, important thing is you both unhurt.

 

[severnside gull]

Bottom line is simple - the lorry /digger hitting the branch is what caused the accident so the driver is liable as he was not driving with due care and attention (if he were then he would have spotted the problem before it caused an incident). There may be an element of vicarious liability with the landowner or local authority for allowing the tree to overhang the road dangerously but that is of no interest to you and should have no effect on your claim against him. Rather it is for his insurers to claim quite separately if they feel they may have a case. Don't let them try to create confusion or fob you off.

Pursue your claim against the driver (or at least against his insurers).

Report it to the HSE as a work related incident and let his insurers know that you are doing so.

Don't be put off by the driving too close argument. The time taken for the branch to fall after it was struck by the lorry is almost impossible to calculate - sinews or side branches arresting its direct descent onto your vehicle could well account for a delay. Calculate your speed and refer to your Highway Code. I am sure you will find that you were an appropriate distance behind him - the vast majority of drivers do not drive too close too fast behind any vehicle and are naturally more cautious behind a large vehicle.

 

[drew]

Calculate your speed and refer to your Highway Code. I am sure you will find that you were an appropriate distance behind him - the vast majority of drivers do not drive too close too fast behind any vehicle and are naturally more cautious behind a large vehicle.

You must seriously be having a laugh! When was the last time you drove on the A23 and noted the vast majority of drivers observing the 'two second rule'!