Truck Driver Injured in Farm Accident Receives $400,000 in Compensation
Published 04 May 2015
We acted for Mr X who was a truck driver contracted by his employer to attend a farm in Walgett, NSW for the purposes of picking up wheat and transporting it to a depot.
On the particular day in question his truck had been bogged in sticky wet mud when he entered the farm and as such a tractor was need to pull his truck out of the mud.
As the tractor was attempted to hook up to the truck, the driver of the tractor accidentally forgot to lift the handbrake causing the tractor to roll back and squash Mr X between the tractor and the truck causing him some severe injuries.
As a result of the tractor / truck accident an ambulance was required and Mr X had to be transported to hospital where he was admitted and treated for a period of two weeks.
Legal Action taken:-
Mr X approached the offices of Gerard Malouf & Partners seeking advice as to whether or not he had a claim for compensation.
A personal injury claim form was lodged and served onto the owner of the tractor and a public liability claim was also made against the owners of the farm.
Proceedings were commenced in the Supreme Court against the owner of the tractor having vicariously employed the driver of the tractor and the owners of the farm who the Plaintiff alleged were responsible by presumption of agency.
As a result of the commencement of proceedings, a timetable was initiated which called for the parties to serve their evidence.
Ultimately, the matter was referred to a Mediation and the parties entertained settlement negotiations.
Injury Compensation Conclusion:-
At the Mediation, settlement negotiations were entertained and the Plaintiff ultimately decided to accept the sum of $300,000.00 inclusive of costs and disbursements to resolve his case.
The Plaintiff was happy with the result as initially he was under the impression that he may not be entitled to completion due to difficulties on the evidence.
If you have been involved in an accident on private property involving similar circumstances, please do not hesitate to contact our offices and speak to one of our Accredited Personal Injury Specialists who can give you advice as to whether you are entitled to pursue a claim for compensation.