Bakers Solicitors

Employer liable for faulty tyres on work vehicle

Darren was employed as a plumbing and draining engineer and was driving a work van along the motorway. He went to overtake a lorry when suddenly and without warning the back tyres burst causing him to lose control of his vehicle which hit the central reservation and flipped and rolled several times.

Darren sustained neck and back injuries in the collision resulting in ongoing pain requiring pain killers. He suffered from psychological symptoms after the accident including nightmares, flash backs, anxiety as a passenger in vehicles and a fear of driving on motorways. He was unable to resume his job due to his psychological symptoms and a breakdown in communication with his employer who blamed him for the accident.

Our client's employer was in breach of his statutory duty as he had failed to ensure the work van was maintained in an efficient state, in efficient working order and in good repair.

Court Proceedings were issued to protect our client's position. The employer's insurers initially denied full liability, however with further evidence they accepted legal liability and offered £7,000 to settle which was rejected.

Following extensive medical and psychological evaluation, and settlement negotiations, the claim was settled out of Court for £35,000 including damages for loss of earnings and expenses.