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

How To Make A Tractor Accident Injury Claim

tractor accident claims

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 be paid for financial losses related 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 wellbeing 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 employee is injured because of the employer’s negligence, the employer could be held liable for the employee’s injuries. As a result, the employee could make a personal injury claim for compensation.

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 the rules of the road are not followed 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 where it was required to be fitted.

Entanglement Injuries

Tractors may have heavy moving parts attached, such as augers. If safety precautions are not properly taken by employers, a farmworker’s 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.

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.£61,710 to £122,860
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.£12,900 to £23,460
Severe back injury (ii)Features may include nerve root damage, the loss of sensation or bowel and bladder function as well as sexual difficulties.£69,600 to £82,980
Moderate back injury (ii)Disturbed ligaments causing backache or where an existing injury was made worse.£11,730 to £26,050
Severe hip or pelvic injury (ii)Impotence as well as a fracture dislocation of the pelvis. Injuries involving the pubic rami and ischial.£58,100 to £73,580
Moderate pelvic injury (i)Significant hip or pelvic injuries which do not cause major disabilities. £24,950 to £36,770
Loss of one arm: amputation at the shoulderThe amputation/loss of one arm at the shoulder.Not less than £128,710
Loss of one arm: above the elbow amputationShorter remaining stumps may make it harder to use a prosthesis.£102,890 to £122,860
Elbow injuriesA Severely Disabling Injury£36,770 to £51,460
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.£98,380 to £129,010
Leg amputation (iv)Below-knee amputation. Straight forward amputations with no complications will sit towards the bottom of the bracket.£91,950 to £124,800
Less serious leg injuries (ii)A simple femur fracture without damage to the articular surfaces.£8,550 to £13,210

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 income
  • 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, 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 tractors are misused 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.

Thank you for reading our guide to tractor accident claims.

Guide by HC

Edited by RV