Tractor Accident Claims – How To Claim Compensation – Who is At Fault?

By Joanne Jeffries. Last Updated 15th July 2022. Welcome to our guide to tractor accident claims. Below, we explain how a crashed tractor could cause injuries, as well as explain who could claim for farm tractor crashes. We also discuss the damages that could make up compensation payouts for injuries caused by a tractor accident. Tractor accidents could cause a range of injuries, which could lead to varying levels of compensation.

How To Make A Tractor Accident Injury Claim

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Crashed tractor – Could It lead to a tractor accident claim?

Driving a tractor requires caution and care. This is partly because tractors are heavier and large compared to many other vehicles. When a tractor accident happens, it may cause serious injuries. This could lead to tractor accident claims.

Have you suffered a tractor accident injury at work that was not your fault? Then you may be eligible to make a tractor accident claim for compensation. Similarly, if you have been injured on the roads in a tractor accident that was not your fault, you may be owed compensation.

Trust Accident Claims UK to help you make a tractor accident injury claim. To begin your claim, call us today on 0800 073 8801 for your free consultation. Or you can contact us online. Alternatively, keep on reading to learn more.

Select A Section

  1. A Guide To Tractor Accident Claims
  2. What Are Tractor Accident Claims?
  3. Workplace Equipment Health And Safety Regulations
  4. The Farm Vehicle Health Check Scheme
  5. Tractor Accidents On Public Roads
  6. Farm Worker Tractor Injury Claims
  7. Farm Visit Accident Claims
  8. What Could Cause Tractor Accidents?
  9. What Injuries Could A Tractor Accident Cause?
  10. Calculating Compensation For Tractor Accident Claims
  11. No Win No Fee Tractor Accident Claims
  12. Start A Tractor Accident Claim
  13. Essential References
  14. Statistics On Fatal Injuries In Agriculture, Fishing And Forestry
  15. Tractor And Agricultural Accident FAQs

A Guide To Tractor Accident Claims

According to the Health and Safety Executive, the sector of agriculture, forestry, and fishing is the riskiest in which to work. Farmworkers may use hazardous equipment that can cause serious injuries if a farming accident happens. This includes farming vehicles such as tractors.

Tractors can be dangerous because they are large, heavy vehicles. An overturning farming vehicle is one of the most common causes of fatal and serious injuries in agriculture. Similarly, tractors can cause accidents when travelling on the roads. If a car has an accident with a tractor, it can be devastating for those in the smaller vehicle.

Providing you have been injured because of a tractor accident that was not your fault, you may be eligible to make a tractor accident claim. If your compensation claim is successful, you could receive funds to compensate you for the pain, suffering, and loss of amenity caused by your injuries. You could also receive damages for financial losses due to your injuries.

To begin your claim for a farm accident or road accident involving a tractor, call Accident Claims UK today. A personal injury claims advisor will be happy to speak to you about your case. Or use our online claims form to tell us about your tractor accident in writing.

What Are Tractor Accident Claims?

Tractor accidents are any sort of unwanted occurrence involving a tractor that results in an injury. Tractor accident claims are personal injury claims for compensation. A tractor accident claim can be made by a farmworker who has been injured in a tractor accident or anyone else who was injured in a tractor accident that was not their fault.

To make a successful tractor accident injury claim, you will need to provide evidence to prove the following:

  • Firstly, that another party owed you a duty of care to protect your safety.
  • Secondly, that the party breached their duty of care.
  • Thirdly, that as a direct result of this, you were injured.

If you suffered a tractor accident injury, you may be owed compensation. Contact Accident Claims UK today, to see if you are eligible to claim.

Workplace Equipment Health And Safety Regulations

In the UK, there is legislation to protect farmworkers. We will look at this legislation in more detail below.

Health and Safety at Work etc. Act 1974

Employers owe their employees a duty of care to protect their well-being when they are at work. This is outlined in the Health and Safety at Work etc. Act 1974. Employers are responsible for providing the worker with a safe environment to work in. Employers should take health and safety precautions to protect farmworkers that use tractors. Farm vehicles should be properly maintained and inspected regularly to check for faults. Furthermore, farmers must not allow untrained workers to drive a tractor.

If an employer fails to maintain proper standards of health and safety, this could lead to accidents. If an employeesuffers injury because of the employer’s negligence, the employee could hold the employer liable for their injuries. As a result, the employee could make a personal injury claim for compensation for an accident at work.

Workplace (Health Safety And Welfare) Regulations 1992

The Workplace (Health, Safety and Welfare) Regulations 1992, are a continuation of the Health and Safety at Work etc. Act 1974. The regulations expand on the idea that employers have a duty of care towards their employees or anyone that uses the work premises.

The Provision and Use of Work Equipment Regulations 1998 (PUWER)

The Provision and Use of Work Equipment Regulations 1998 (PUWER) is legislation to ensure that work equipment is safe to use. The regulations require the following:

  • Work equipment should be maintained to a standard that is safe.
  • Only people who have been trained to use the work equipment can operate it.
  • It should be suitable for the use it’s intended for.

Neglecting to follow the legislation above can lead to agricultural accidents. What happens if a farming accident takes place because an employer breached health and safety legislation? The employer could have liability for the person’s injuries. Therefore, the injured person could be eligible to make a farming accident claim.

The Farm Vehicle Health Check Scheme

The Farm Vehicle Health Check Scheme (FVHCS) is an initiative that encourages the safe use of agricultural vehicles. The National Farmers Union (NFU), National Association of Agricultural Contractors (NAAC) and the British Agricultural & Garden Machinery Association (BAGMA) set it up.

The Farm Vehicle Health Check Scheme offers guidance on how to safely select, use and maintain farm vehicles. This includes as follows:

  • Farmers or workers should conduct safety checks on machinery and equipment regularly.
  • Faulty or defective equipment should not be used until it has been repaired.
  • Farmers or workers should provide training and supervision where needed.
  • Workers with poor or limited use of the English language must receive a proper health and safety induction.

The FVHCS also provides check sheets to help farmers keep records of the checks they have made. Following the rules of the Farm Vehicle Health Check Scheme can make farm vehicles such as tractors or combine harvesters safer to use.

Tractor Accidents On Public Roads

It is not only farmworkers who make tractor accident claims for compensation. Members of the public can become involved in car accidents with tractors or tractor-trailers. How many accidents do tractors cause on UK roads? Figures from the Department for Transport show that there were 488 accidents in 2018 caused by agricultural vehicles. 130 of these accidents were serious. Sadly, 29 agricultural vehicle accidents on the road led to a fatality.

How do road traffic accidents involving tractors happen? If people don’t follow the rules of the road properly, tractors can collide with other vehicles.

How can a car accident with a tractor-trailer take place? When a tractor turns, the trailer can swing out behind it. If a tractor fails to indicate that it is turning, or the driver misjudges when reversing, the trailer could hit a car.

Tractors are slower-moving compared to other road vehicles, so a car driver may become impatient if they become stuck behind a tractor. The driver may attempt to overtake the tractor when it is not safe to do so. If it causes an accident, the car driver could be liable.

Because tractors are significantly larger and heavier than a car, a car accident with a tractor can result in serious injuries. Who is at fault if a road traffic accident happens which involves a tractor? This depends on which party made the driving error that caused the accident. Sometimes, more than one party can be liable.

Have you have been injured in a tractor accident on the roads that was not your fault? Then you may be eligible to make a tractor accident injury claim for compensation. Call Accident Claims UK to learn more.

Farm Worker Tractor Injury Claims

Farmers, farmhands, and other types of farm workers may drive a tractor when they are at work. Farmers and farm managers owe their employees a duty of care when they are at work. Driving a tractor can be a dangerous job, so employers must carry out risk assessments to identify hazards. To minimise or remove hazards, health and safety measures should be applied.

What is the best practice for reducing the risk of tractor accident injuries?

Ways to reduce the risk of tractor accident injuries include the below.

  • Tractor safety checks should be made regularly. Consequently, if the tractor is faulty it should not be used until fixed or replaced.
  • Only people who are properly trained to drive a tractor should do so.
  • Roll protection should be fitted, where there is a risk of the tractor overturning.
  • Tractors should only be used in spaces where there is enough room for the vehicle to move around safely.
  • The risk of a tractor rolling can be reduced by counterbalancing any loads the vehicle is carrying.

If you were injured in a farm accident involving a tractor and it was not your fault, what can you do? Call Accident Claims UK to discuss your farming accident claim for compensation.

Farm Visit Accident Claims

To provide an additional revenue stream, many farms have diversified. Some farms also operate as family-friendly attractions. Children can enjoy tractor rides and view the animals. At some farms, there are also adventure playgrounds, miniature golf courses, and farm shops.

Members of the public are owed a duty of care by a farm when they visit the premises. Their health and safety should be protected. If a visitor is injured by a tractor, because of negligence on the part of the farm, the farm could be held responsible for their injuries.

Call Accident Claims UK to claim compensation for farm visitor tractor injuries. Parents can make a tractor accident injury claim on their child’s behalf if they were injured by a tractor. To learn more about making a farm visitor tractor accident claim, call Accident Claims UK today.

What Could Cause Tractor Accidents?

There are many reasons why tractor accidents can happen. Below are some common causes of tractor accidents.

Collisions

Tractors can collide with other vehicles on the roads. Tractors can also collide with static objects on the farm grounds.

Rollovers

Tractor rollover, overturning or tip-over accidents can be terrifying and cause serious injuries. This is especially true if the driver was not wearing a seatbelt in a vehicle when there was one there.

Entanglement Injuries

Tractors may have heavy moving parts attached, such as augers. If employers do not take safety precautions, a farmworker could sustain an injury. A digit or limb could become entangled into the machinery and crushed.

Tractors Hitting A Pedestrian

Tractors can hit pedestrians anywhere, including on the roads, in fields, or on a farm. This can happen if the tractor driver is not paying due care and attention. Therefore, a tractor driver could have liability for the pedestrian’s injuries.

What Injuries Could A Tractor Accident Cause?

Tractor turnover accidents can cause serious tractor accident injuries. If a tractor rolls over and the driver isn’t wearing a seat belt because the tractor wasn’t appropriately fitted with one, they could suffer a broken neck or back. Sadly, these sorts of injuries can sometimes lead to paralysis or death.

The machinery on a tractor can cause broken bones or crushing injuries. A limb that has been badly crushed may need to be amputated. This can have a serious impact on the victim’s quality of life.

Accident Claims UK can help you, if you have been injured by a tractor. We can provide you with a skilled personal injury solicitor, who will push to make sure you get the maximum amount of compensation you deserve. So, to begin your claim, call us today for your free legal consultation.

Calculating Compensation For Tractor Accident Claims

If you make a successful farming accident claim, how much compensation could you receive? You can use the table below to calculate how much compensation you could receive in general damages. General damages compensate you for physical or mental suffering, as you could suffer psychological injuries as the result of such an accident.

Please note, the table excludes special damages. (We’ll explain special damages in the section below.)

Injury and severityDescription of the injuryEstimated settlement
Severe neck injury (ii)Such as involving damage or serious fractures to the cervical spinal discs.£65,740 to £130,930
Moderate neck injury (ii)Wrenching and other soft tissue injuries, such as disc lesions. The injury could severely limit a persons movement and could present with recurring stiffness and pain.£13,740 to £24,990
Severe back injury (ii)Features may include nerve root damage, the loss of sensation or bowel and bladder function as well as sexual difficulties.£74,160 to £88,430
Moderate back injury (ii)Disturbed ligaments causing backache or where an existing injury was made worse.£12,510 to £27,760
Severe hip or pelvic injury (ii)Impotence as well as a fracture dislocation of the pelvis. Injuries involving the pubic rami and ischial.£61,910 to £78,400
Moderate pelvic injury (i)Significant hip or pelvic injuries which do not cause major disabilities. £26,590 to £39,170
Loss of one arm: amputation at the shoulderThe amputation/loss of one arm at the shoulder.Not less than £137,160
Loss of one arm: above the elbow amputationShorter remaining stumps may make it harder to use a prosthesis.£109,650 to £130,930
Elbow injuriesA Severely Disabling Injury£39,170 to £54,830
Leg amputation (iii)Above-knee Amputation of one leg. The severity of the amputation and the size of the remaining stump may affect the compensation settlement.£104,830 to £137,470
Leg amputation (iv)Below-knee amputation. Straight forward amputations with no complications will sit towards the bottom of the bracket.£97,980 to £132,990
Less serious leg injuries (ii)A simple femur fracture without damage to the articular surfaces.£9,110 to £14,080

These compensation amounts are based on figures from the Judicial College Guidelines, a regularly updated publication solicitors may use to value injuries. How much compensation you receive may vary due to your personal circumstances. Call our claims helpline for a personal estimate of how much you could claim.

Special Damages

You could receive special damages as part of your claim. Special damages reimburse you for any costs caused by your injuries. In the event that you have become disabled because of your injuries, you can receive funds to pay for adapting your home or mobility equipment.

Special damages can include the following:

  • Medical costs
  • Care costs
  • Travel costs
  • Reimbursement for loss of earnings
  • Mobility equipment costs
  • Home or car adaptation costs

It’s important to keep evidence of expenses. Proof can include bills, invoices or prescriptions.

No Win No Fee Tractor Accident Claims

If you have been injured because of a tractor accident that was not your fault, our solicitors could handle your claim as a No Win No Fee case. With a No Win No Fee claim, you do not have to pay an upfront solicitor’s fee. Instead, you’re charged a success fee only on the condition that you win your claim.

In the event that your solicitor does not win your tractor accident claim, you would not be charged a success fee. You would sign a Conditional Fee Agreement to formalise this.

Because there are no hourly or upfront solicitors fees to pay, a No Win No Fee claim can be an affordable option if you’d like to use a solicitor’s services. To begin your No Win No Fee compensation claim, call Accident Claims UK today to speak with a claims advisor.

Start A Tractor Accident Claim

To begin your tractor accident claim, or ask us questions about using a compensation calculator  the time limits for claiming or anything else, contact us using the details below.

Essential References

If you have suffered a farm accident injury that was not your fault, we hope this guide has proved helpful. These guides may also be helpful to you.

Farming & Agricultural Accident Compensation Specialists

Dangerous Machinery At Work Compensation Claims

Forklift Truck Accident Compensation Claims

External Guides

Fatal injuries in agriculture, forestry and fishing in Great Britain 2019/20

A government guide to using machinery and vehicles on farms

Statistics on Fatal Injuries In Agriculture, Fishing And Forestry

According to the Health and Safety Executive (HSE):

Tractor And Agricultural Accident FAQs

How dangerous are tractors?

If someone misuses a tractor they can be dangerous. Because tractors are large and heavy, they can cause serious injuries.

What are the types of tractor-related accidents?

Tractor accidents can include: rolling accidents, tipping over accidents, crashes, and limbs becoming enmeshed in moving parts.

Can I make tractor accident claims for a family member killed in a tractor accident

Sadly, according to the HSE’s fatal accident statistics, 13 people were killed in 2020/21 due to being struck by a moving vehicle in the forestry, agriculture and fishing injuries. You can see the other statistics relating to fatalities in this industry below.

 crashed tractor farm tractor crashes tractor accident

If you have lost a loved one, whether they were injured as a member of the public or while at work, you could potentially make a claim for compensation. You would need to be able to prove that someone else was liable for your loved one’s fatal injury. We could speak to you about this traumatic experience and would handle your case with all the sensitivity it deserves.

Will I lose my job if I make a claim?

If you suffer injury due to your employer’s failure to protect your health and safety at work, you could claim compensation for your injuries. Your employer should not treat you differently when you make such a claim. After all, you are highlighting wrongdoing in the workplace and there is legislation in place to protect you. Besides this, your employer’s insurance company would likely pay your compensation. In addition to this, you could be preventing the same thing happening to someone else. Your employer could use your accident as a push to review health and safety procedures at your workplace. They could then improve their health and safety provision to further protect employees from suffering harm at work.

A crashed tractor caused me injury, could I claim?

If a crashed tractor caused you to suffer injury because it was being driven negligently, you could have a claim for compensation. You could also claim for out-of-pocket expenses due to  the tractor accident injuries.

 Could a farmer be held liable for farm tractor crashes caused by his staff?

Injured victims could hold a farmer liable for farm tractor crashes if staff were negligently operating the vehicle. For example, the farm owner might not have trained the member of staff sufficiently trained in operating the vehicle. 

 How do No Win No Fee claims for a tractor accident work?

If a lawyer took on your tractor accident claim on a No Win No Fee basis, they may offer you a Conditional Fee Agreement. This would dictate the percentage of your payout the solicitor would take as a success fee. Success fees are legally capped at 25% of a claimant’s total payout. They are only payable in successful cases. 

What if my No Win No Fee tractor accident claim failed?

If for some reason, your lawyer didn’t win compensation for you, you would not pay the success fee mentioned above. Further to this, you would not pay the costs they incurred when pursuing your claim either.

Where can I get guidance on compensation payouts for injuries caused by a tractor accident?

To look at the latest compensation payouts for injuries caused by a tractor accident, we should consider what the Judicial College Guidelines have to say.

The latest edition of this publication was released in April 2022. The figures you see in the compensation table on this page come from that publication. However, the figures in this publication are only guideline compensation payouts relating to general damages.

As such, they do not include special damages, such as loss of income, or medical or travel expenses. Additionally, several factors are considered when valuing your injuries.

If you would like to get further guidance on compensation payouts for injuries caused by a tractor accident, please call our team. We would be happy to discuss your case with you. We could even check your eligibility to claim for free and provide you with a No Win No Fee solicitor. 

What evidence do I need to prove tractor accidents?

The evidence you would need to prove tractor crashes can depend. In general terms, those looking to pursue claims for tractor accidents would need to prove negligence which is where someone breaches the duty of care they owe you. To help prove negligence, you could:

  • Gather evidence of the accident: This could include CCTV footage, if available. Or, photos of the scene of the accident could be useful. Details of witnesses could also be useful. That way, your solicitor could contact the witness for a statement.
  • Seek medical attention: In doing so, you could obtain medical records. You may also need to see an independent medic, who could verify your injury. The medical report could be used to help when valuing your claim.
  • Keep hold of financial evidence: If you lost income, or had to pay for medical expenses and travel expenses directly because of your injury, you could claim special damages. You’d need to provide evidence of this. For instance, you could provide receipts.

If you would like to talk to us about the evidence you might need to prove your claim, please call the team. We’d be happy to provide you with the advice and support you need.

Could I claim compensation for a tractor accident in which I suffered psychological injuries?

In some cases, people who are injured in a tractor accident could suffer more than just physical injuries. They could experience several psychological issues. If the accident that caused you harm was the result of someone’s breach of their duty of care, you could claim for these two. We would be happy to discuss this with you over the phone. 

Thank you for reading our guide to tractor accident claims. We could also help with road traffic accident claims, claims for a slip, trip or fall or medical negligence claims, so why not get in touch.