Crashes involving trucks and other heavy vehicles are less frequent than car crashes and much more likely to cause serious injury. They also involve a longer list of people who may share responsibility, and a truck driver injured at the wheel usually has two claims running at once. The framework below covers the person hit by a truck and the driver of one.

Key points

  • Anyone injured by a truck driver's negligence claims against the truck's CTP insurer, as for any registered vehicle.
  • Fatigue, scheduling and loading are governed by the Heavy Vehicle National Law, and breaches are strong evidence of negligence.
  • A truck driver injured at work has a no-fault WorkCover claim and, if another driver was at fault, a CTP claim as well.

Injured by a truck

The claim is against the CTP insurer of the truck, identified by its registration. The negligence is the driver's, but the evidence often reaches further: the operator's scheduling, the driver's work diary and fatigue compliance, load restraint, and maintenance. The Heavy Vehicle National Law imposes duties on every party in the chain of responsibility, and a breach of those duties, whether or not prosecuted, is relevant to fault. Police reports for serious crashes involving heavy vehicles are usually detailed, and the truck's own telematics and dash cam are sometimes decisive. Ask for preservation early.

Damages follow the usual heads: treatment and rehabilitation, income loss past and future, superannuation, care, and general damages under the injury scale. Catastrophic injuries are covered by NIISQ regardless of fault.

The truck driver's own injuries

A driver employed to drive is a worker, and an injury sustained in the course of driving is a work injury regardless of who was at fault. WorkCover pays weekly compensation, treatment and rehabilitation, and an impairment lump sum if the injury is permanent. If another driver caused the crash, the truck driver also has a CTP claim against that vehicle's insurer for the full common-law damages, with WorkCover reimbursed from the settlement for what it has paid. If the truck driver's own employer's negligence contributed, for example through unrealistic scheduling, a common law claim against the employer under the Workers' Compensation and Rehabilitation Act may also be open.

Owner-drivers and contractors are in a different position. Whether an owner-driver is a "worker" depends on the arrangement, and many are not, which leaves them with CTP only where someone else was at fault, plus their own income protection and super insurance.

Loading, unloading and depot injuries

Injuries while loading or unloading a stationary vehicle can fall under CTP if they arise from the use of the vehicle, or under WorkCover or public liability depending on who was hurt and where. The characterisation matters because the time limits and forms differ. Get advice before deciding which notice to lodge; lodging the wrong one wastes time you may not have.

Frequently asked questions

Who is liable when a truck driver falls asleep? The driver is negligent, and the operator may also bear responsibility under the chain-of-responsibility provisions. For the injured person, the claim is against the truck's CTP insurer either way.

Can a truck driver claim both WorkCover and CTP? Yes, if the crash was work-related and another driver was at fault. The two schemes adjust between themselves so there is no double recovery.

How long do I have? Nine months to lodge a CTP notice, or one month after first seeing a lawyer. WorkCover applications should be lodged within six months of the injury. Three years to start court proceedings.

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