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News Desk | News Story
18th February 2010
A GMB member has received £5,000 in compensation after brakes on his work van that he had complained about failed and he crashed.
Before the accident Michael Ross, 46, from Carlisle had asked his employers, AMEY, to check the van’s brakes on three occasions but was told each time that there was nothing wrong with them.
In June 2009 his brakes failed and he crashed into the back of another car as he was driving the van back to the depot in Dalston.
Mr Ross, who is a local government highway response driver for AMEY, was left with whiplash injuries.
The employer’s response to the crash was not to check the brakes but to start to discipline him for crashing the van.
It was at this point that Mr Ross decided to break the firm’s procedures and asked the company fitter to look at the brakes himself. It was found that two of the discs had completely seized and that was the cause of the crash.
Mr Ross said: “I knew there was something not quite right with the brakes but every time I brought it up with my supervisor I was told they had been checked and there was nothing wrong with them. After the accident when I knew because I had been there that the brakes had caused the crash I decided to take matters into my own hands. The fitter found the brakes were faulty and fixed them straight away.”
Mr Ross has recovered from his injuries but still suffers from flashbacks.
He said: “I have nightmares and wonder what would have happened if someone had walked out in front of the van or if I had been going faster. I could have killed someone.”
Following the accident he contacted his union the GMB to seek advice about the disciplinary and they instructed their lawyers Thompsons Solicitors. Thompsons was successful in both having the disciplinary dropped and AMEY did not admit liability but settled the claim out of court.
Ged Caig from the GMB said: “It sounds like a sick joke that AMEY tried to discipline our member after he was involved in a crash due to dodgy brakes that had been reported faulty on three occasions.
“More care should have been taken to rule out all possible problems with the brakes before this van, which was used to respond to emergency call outs on highway repairs, was put back on the road. Mr Ross was just fortunate his accident was fairly minor and no one else was hurt. It does not bear thinking about what might have happened.”
Lyndsay Milligan from Thompsons Solicitors added: “Mr Ross did everything he could to ensure he was driving a safe vehicle but he was let down by his employers who simply didn’t listen and failed to maintain this van correctly.
“This vehicle could have killed someone had the brakes failed at speed. AMEY can learn simple lessons from this accident and put policies in place to avoid this happening again.”
If you or anyone you know has suffered an injury at work, telephone us now for accurate claim advice.
There are strict time limits in place to make any personal injury claim including claims stemming from accidents in the workplace. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.