Lorry driver seeks High Court damages of more than £300,000

albion:
Driver crushed because he failed to put his parking brake on and company fined because they didn’t have a policy. It’s his job, he has the license and frankly that old common sense appears again, you put your parking brake on.

If they were fined, that suggests more than an accident. So I looked the article up that you linked, and sure enough:
“failed to implement a safe system of work which resulted in the frequent misuse of trailer parking brakes by drivers on site”

They weren’t fined merely because they didn’t have a written policy on handbrakes - as if such a thing is even necessary. They were fined because they weren’t doing anything to tackle the issue about how trailers were being routinely dropped without their brakes being applied.

We’ve all left a handbrake off now and again. Nowadays, the alarm in the cab sounds - that’s one safety feature. Another safety feature is that the trailer has its brake on. A third is that the yard is built level. One oversight should never be enough to cause calamity, that’s why this company was fined

muckles:

Rjan:

muckles:

Rjan:

Please make your replies more concise, this isn’t school you won’t get extra marks for paragraphs of waffle.

I’d love to, but at some point one has to explain one’s self.

I’m sure you can make you point in far fewer words. I’d do it for you, but I really can’t be bothered to read through it to find the salient points and offer a counter argument to prove how wrong you are.

The difference is I can be bothered showing how wrong you are, and that’s why I’m writing at enough length to explain myself, since you’re hardly just going to accept my say so. And it’s not always easy to write succinctly when resolving a radical difference of opinion, because the shorthands and unspoken implications which can be used when talking to like minds, don’t exist.

chester1:

harrawaffa:

bobbya:
If you wonder why the jobs gone down the pan just read some of these posts slagging off a fellow driver, no camaraderie there ,no chance of us all sticking together is there,the firm is at fault for not having a Safe system of work in place for this task,why not slag them off instead.

There is no “safe system of work” for raising a trailer under live power lines. None. You know why? Because it’s not safe.

In fairness there are systems about what you do when you have hit power lines

“Remain still and await medical attention”?

Or, “With the last of your strength, and if able to do so, bend over and kiss your ■■■ goodbye”? :laughing:

muckles:
I’m sure you can make you point in far fewer words.

Don’t be too harsh on Rjan, I grant you he’s very wordy but his command of the English language is commendable and quite refreshing on here at least. I secretly cheered when he decided to go head to head with Carryfast as I surmised that he’d be stubborn enough to post forever in order to get the last word (or Opus) in. Sadly he seems to have dropped that particular baton :smiley: , thank God for Freight Dog who seems to have picked it up lately. My only fear is that FD is a normal human and soon will lose the will to live when faced with a constant barrage of CF speak and will merely scroll straight past like the rest of us do. :wink:

eagerbeaver:
So let’s see if I’ve got this right.

Mr Cabbage decides to empty whatever crap that is remaining in his trailer onto a public road for a motorcyclist to encounter and possibly end up dead or paralysed.

If that is not enough, the brainless moron then decides to park underneath power lines and raises his tipper.
What an out and out raging bellend. He deserves everything that has come his way and I hope he doesn’t get a bean.

You mean, you don’t think dumping on the public road is more to do with the employer’s expectations and systems of work? That it’s just a personal choice where a driver dumps his crap, over which employers don’t have much control or influence?

Rjan:

eagerbeaver:
So let’s see if I’ve got this right.

Mr Cabbage decides to empty whatever crap that is remaining in his trailer onto a public road for a motorcyclist to encounter and possibly end up dead or paralysed.

If that is not enough, the brainless moron then decides to park underneath power lines and raises his tipper.
What an out and out raging bellend. He deserves everything that has come his way and I hope he doesn’t get a bean.

You mean, you don’t think dumping on the public road is more to do with the employer’s expectations and systems of work? That it’s just a personal choice where a driver dumps his crap, over which employers don’t have much control or influence?

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
look at the tiny wee drop thats lying in the layby.its not exactly kryptonite.just a handfull of grain…theres phesants and all sorts of wild birds that would be onto it quicker than macodougalls on a skip. cop yourself on. :unamused:

Rjan:

muckles:

Rjan:

muckles:
Please make your replies more concise, this isn’t school you won’t get extra marks for paragraphs of waffle.

I’d love to, but at some point one has to explain one’s self.

I’m sure you can make you point in far fewer words. I’d do it for you, but I really can’t be bothered to read through it to find the salient points and offer a counter argument to prove how wrong you are.

The difference is I can be bothered showing how wrong you are, and that’s why I’m writing at enough length to explain myself, since you’re hardly just going to accept my say so. And it’s not always easy to write succinctly when resolving a radical difference of opinion, because the shorthands and unspoken implications which can be used when talking to like minds, don’t exist.

No you write an essay that is probably repeating your point several times over, I’ve had to many years of having to read through long winded documents for work, without having to do the same on a forum.

Rjan:

eagerbeaver:
So let’s see if I’ve got this right.

Mr Cabbage decides to empty whatever crap that is remaining in his trailer onto a public road for a motorcyclist to encounter and possibly end up dead or paralysed.

If that is not enough, the brainless moron then decides to park underneath power lines and raises his tipper.
What an out and out raging bellend. He deserves everything that has come his way and I hope he doesn’t get a bean.

You mean, you don’t think dumping on the public road is more to do with the employer’s expectations and systems of work? That it’s just a personal choice where a driver dumps his crap, over which employers don’t have much control or influence?

Isn’t it the drivers option of an easy way out, rather than climb up and sweep out the dusty trailer in what looks like a hot day it’s far easier to raise the trailer.
Not all drivers adhere to company working practices, and once through the gates the drivers are out of sight of the company, who believe the drivers are doing the job in a safe and considerate manner.

the maoster:

muckles:
I’m sure you can make you point in far fewer words.

Don’t be too harsh on Rjan, I grant you he’s very wordy but his command of the English language is commendable and quite refreshing on here at least. I secretly cheered when he decided to go head to head with Carryfast as I surmised that he’d be stubborn enough to post forever in order to get the last word (or Opus) in. Sadly he seems to have dropped that particular baton :smiley:

You mean on the idling thread? That hasn’t finished yet. :laughing:

Grumpy Dad:

Rjan:

eagerbeaver:
So let’s see if I’ve got this right.

Mr Cabbage decides to empty whatever crap that is remaining in his trailer onto a public road for a motorcyclist to encounter and possibly end up dead or paralysed.

If that is not enough, the brainless moron then decides to park underneath power lines and raises his tipper.
What an out and out raging bellend. He deserves everything that has come his way and I hope he doesn’t get a bean.

You mean, you don’t think dumping on the public road is more to do with the employer’s expectations and systems of work? That it’s just a personal choice where a driver dumps his crap, over which employers don’t have much control or influence?

Isn’t it the drivers option of an easy way out, rather than climb up and sweep out the dusty trailer in what looks like a hot day it’s far easier to raise the trailer.
Not all drivers adhere to company working practices, and once through the gates the drivers are out of sight of the company, who believe the drivers are doing the job in a safe and considerate manner.

There is no way on earth ANY company will condone/expect any driver to empty any kind of matter onto a public highway. This bone idle prick cut corners and turned himself into a barbeque. I suspect that he is going down the route of having no signed SSOW in his employee file and getting his company in the crap more by a way of ’ non conformance ’ rather than being a neglectful employer.

Hopefully ANY JUDGE WITH COMMON SENSE would rather fine the company for any potential paperwork faux pas, rather than ’ award ’ Mr Cabbage with a payout.

I don’t jump off cliffs. Because it is OBVIOUSLY a dangerous thing to do. I don’t need a bloody risk assessment for it.

" so far as is reasonably practicable "…ring any bells? (1974 HASAW). I hope this bellend get’s sweet FA.

Someone cleverer than myself suggested using a broom and even posted a picture. When the bloke tipped in the mill or dock, the grain would come out of the upskelled body, give the body a bang with a mallet or a brush and there would be none left.

Any grain stuck in a weld or crack would still be stuck if you skelled the body up again, jump in the back, sweep it out into a black bin liner and take it home for the bird table.

Rjan:

chester1:

harrawaffa:

bobbya:
If you wonder why the jobs gone down the pan just read some of these posts slagging off a fellow driver, no camaraderie there ,no chance of us all sticking together is there,the firm is at fault for not having a Safe system of work in place for this task,why not slag them off instead.

There is no “safe system of work” for raising a trailer under live power lines. None. You know why? Because it’s not safe.

In fairness there are systems about what you do when you have hit power lines

“Remain still and await medical attention”?

Or, “With the last of your strength, and if able to do so, bend over and kiss your ■■■ goodbye”? :laughing:

Remain in the cab for one

eagerbeaver:

Grumpy Dad:

There is no way on earth ANY company will condone/expect any driver to empty any kind of matter onto a public highway.

Of course they would! I’ve been at firms that wouldn’t care if your wheels fell off on the public highway, so long as it doesn’t cause a fuss. Not the larger firms, mind, but the three-man-bands certainly.

chester1:
Remain in the cab for one

Your man here wasn’t in the cab hence why he was set on fire and launched into the nearest field.

Rjan:

eagerbeaver:

Grumpy Dad:

There is no way on earth ANY company will condone/expect any driver to empty any kind of matter onto a public highway.

Of course they would! I’ve been at firms that wouldn’t care if your wheels fell off on the public highway, so long as it doesn’t cause a fuss. Not the larger firms, mind, but the three-man-bands certainly.

Name a firm that condones it’s drivers tipping onto a public highway.

eagerbeaver:

Grumpy Dad:

Rjan:

eagerbeaver:
So let’s see if I’ve got this right.

Mr Cabbage decides to empty whatever crap that is remaining in his trailer onto a public road for a motorcyclist to encounter and possibly end up dead or paralysed.

If that is not enough, the brainless moron then decides to park underneath power lines and raises his tipper.
What an out and out raging bellend. He deserves everything that has come his way and I hope he doesn’t get a bean.

You mean, you don’t think dumping on the public road is more to do with the employer’s expectations and systems of work? That it’s just a personal choice where a driver dumps his crap, over which employers don’t have much control or influence?

Isn’t it the drivers option of an easy way out, rather than climb up and sweep out the dusty trailer in what looks like a hot day it’s far easier to raise the trailer.
Not all drivers adhere to company working practices, and once through the gates the drivers are out of sight of the company, who believe the drivers are doing the job in a safe and considerate manner.

There is no way on earth ANY company will condone/expect any driver to empty any kind of matter onto a public highway. This bone idle prick cut corners and turned himself into a barbeque. I suspect that he is going down the route of having no signed SSOW in his employee file and getting his company in the crap more by a way of ’ non conformance ’ rather than being a neglectful employer.

Hopefully ANY JUDGE WITH COMMON SENSE would rather fine the company for any potential paperwork faux pas, rather than ’ award ’ Mr Cabbage with a payout.

I don’t jump off cliffs. Because it is OBVIOUSLY a dangerous thing to do. I don’t need a bloody risk assessment for it.

" so far as is reasonably practicable "…ring any bells? (1974 HASAW). I hope this bellend get’s sweet FA.

I agree the driver is at fault, wether it be his misjudgement, neglect or complacency the accident was no one else’s fault but the drivers, to pass the buck onto his company is like the electricity company being held responsible for not erecting signage warning of a potential overhead danger.

^^^ Totally agree with you mate. Everything is always someone else’s fault :unamused:

soe.org.uk/downloads/1393603 … Bodies.pdf

THE LAW

If a driver fails to discharge a load or operate a tipping vehicle safely, both the operator and driver may be responsible for seriously injuring themselves or others, perhaps even fatally. Both the operator and driver could also be contravening health and safety law.
Employers, owners and managers have a responsibility to provide and maintain safe systems of work, and to take reasonable and practicable precautions to ensure the health and safety of all workers and members of the public who may be affected by their activities. They should ensure safe systems of work for discharging a load and operating tipping vehicles are understood, and procedures are in place to check they are followed.
All drivers, including the self-employed, have a responsibility for their own health and safety, and that of other people who could be affected by their actions

Rjan:

eagerbeaver:

Grumpy Dad:

There is no way on earth ANY company will condone/expect any driver to empty any kind of matter onto a public highway.

Of course they would! I’ve been at firms that wouldn’t care if your wheels fell off on the public highway, so long as it doesn’t cause a fuss. Not the larger firms, mind, but the three-man-bands certainly.

^^^^^^^^^^^^^^^^^^^^^^^^^
+1 to the abve
a few years ago got 4 pallets of cakes and scones rejected at northwitch or middlewitch,cant remember,anyhoo…the advice i got from the traffic office was…your loading at stone,so you cant bring them back.do whatever you think is best to remove them from the trailer asap as was short of my 9 hours off anyway and i still had to get to stone…they got told they were getting chipped out the back of the trailer in the 1st layby i found as i was on trip dosh…no comment,so job done and a few foxes and birds didnt go hungry . :slight_smile:

It’s not his fault if the tipper body wasn’t made of rubber. :wink: