Driving and Forklift Accident Claims — No Win, No Fee
Last reviewed: September 2026 · EA Personal Injury Solicitors
Whether you drive for work or work where forklift trucks and other powered vehicles operate, your employer must take reasonable steps to keep you safe. If you were injured driving for work or in a forklift accident, you may be able to claim on a no win, no fee basis; a success fee may be deducted if the claim succeeds.
TL;DR — Quick Summary
Key Points
- Covers work-related road accidents and forklift or other powered industrial vehicle accidents
- Forklift operators must be trained, certified and properly supervised under PUWER and LOLER
- Both pedestrians struck by vehicles and injured drivers/operators can claim
- Liability can extend to site owners, not just your direct employer
- No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation
Employer Duties for Work-Related Driving and Vehicle Operations
Employers owe a duty of care to any employee who drives as part of their job, and to anyone working on a site where vehicles or powered industrial trucks are operated. This includes maintaining vehicles in a roadworthy and safe condition, setting reasonable schedules and workloads that do not encourage fatigue or unsafe driving, and ensuring drivers hold the correct licences and training for the vehicle they are operating.
Where forklift trucks and other powered industrial vehicles are used on site, PUWER 1998 and LOLER 1998 require that only trained and certified operators use them, that vehicles are properly maintained and thoroughly examined at required intervals, and that a safe system of work separates vehicle movements from pedestrians — including designated walkways, adequate lighting, mirrors at blind spots, and audible reversing alarms.
Common Types of Driving and Forklift Accidents
- Pedestrians struck by forklifts or site vehicles — often at blind corners, loading bays or where pedestrian routes cross vehicle routes
- Forklift overturns — caused by overloading, uneven surfaces, excessive speed or defective stability systems
- Falls from vehicles — falling from a lorry bed, trailer or cab while loading or unloading
- Collisions between site vehicles — due to poor site layout, inadequate signage or lack of traffic management
- Work-related road traffic accidents — collisions while driving for work, including delivery drivers, sales representatives and mobile workers
- Loading and unloading accidents — crush injuries from shifting loads or malfunctioning tail lifts
Who Is Liable?
Depending on the circumstances, liability can rest with your own employer, the site owner or occupier, another employer's forklift operator, or a third-party driver in a work-related road traffic accident (pursued through their motor insurer). Where a defect in the vehicle or forklift contributed to the accident, the maintenance contractor or, in some cases, the manufacturer may also bear responsibility. We investigate every potentially liable party to maximise your prospects of recovering full compensation.
Evidence in Driving and Forklift Accident Claims
- The accident book entry and any RIDDOR report to the HSE
- CCTV footage from the site or dashcam footage, requested promptly before it is overwritten
- Vehicle maintenance, inspection and thorough examination records
- Operator training and certification records
- Site layout plans, risk assessments and traffic management plans
- Witness statements from colleagues and any independent witnesses
- For road traffic accidents: police collision report, vehicle damage evidence and the other driver's insurance details
What Compensation Can Cover
Compensation reflects the nature and severity of your injuries, covering general damages for pain, suffering and loss of amenity, together with special damages for lost earnings, medical treatment, rehabilitation, and care or adaptations where a serious or permanent injury has resulted.
Typical Compensation Amounts
The figures below are indicative brackets for the injury itself (general damages), based on the Judicial College Guidelines used by courts and insurers in England and Wales. Financial losses such as lost earnings, treatment costs and care (special damages) are claimed in addition, and in serious cases often exceed the injury award.
| Injury | Guideline bracket |
|---|---|
| Moderate neck/soft tissue injury (up to ~2 years) | c. £2,300–£12,900 |
| Simple arm or wrist fracture | c. £6,000–£16,000 |
| Moderate back injury (good prognosis) | c. £12,000–£27,000 |
| Severe back injury | c. £36,000–£160,000+ |
| Moderate brain injury | c. £40,000–£205,000 |
These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.
No Win, No Fee Driving and Forklift Accident Claims
We act under a Conditional Fee Agreement. If your claim is unsuccessful, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. We will explain all costs clearly before you decide to proceed.