Yearly Archives: 2016

Risking Lives With Tyre Pressures Readings

A surprising finding in November 2016 has revealed that thousands of car users may be driving a vehicle that is unfit and dangerous on the road which may result in serious – life changing injuries or fatal road accident claims.

‘FOUR OUT OF 10 CARS HAVE AT LEAST ONE DANGEROUSLY UNDER-INFLATED TYRE”

This is due to under-inflated tyre pressures which may not revealed on the vehicles’ warning system to alert the driver of low and dangerous tyre pressures.

Vehicles In Laboratories Past The Tyre Pressures Tests

Whilst the computer tyre pressure systems passed the tests in laboratories on the road this appeared to be different. A VW Golf failed to detect under-inflated tyres in 14 out of 16 real-world tests.

A Fiat 500L was reported to fail all 16 tests according to research by an Independent Company commissioned by the campaign group Transport & Environment (T&E).

Legal Requirement for Tyre Pressure Systems in Vehicles

All cars since 2014 have to be fitted with tyre pressure monitoring systems (TPMS) that pass official approved tests. There are mainly two systems that are in use, where one TPMS will actively monitor each tyre where as others will, detect pressure changes by comparing the wheels rotational speed. The latter are called indirect systems that are slightly cheaper than the former.

However T&E advise that the indirect TPMs systems may be unsafe and can lull the driver into a false sense of security. No driver warning light on the dash board may about tyre pressures can lead the driver to think everything is okay with the tyres and not bother to do a least a visual inspection.

Using Mobile Phone Behind The Wheel

In a BBC Radio 5 programme which obtained a Freedom of Information Request to the Driver and Licensing Vehicle Agency DVLA, it reported that 600 people have been caught driving whilst distracted behind the wheel three times.

One driver apparently was caught 5 times.

These endorsements by the police to drivers distracted are called CU80 endorsements. These type of endorsements are defined as follows:

CU80

Breach of requirements as to control of the vehicle, mobile telephone etc

The penalty carries with it 3 points on a motorist licence. But in reality it is little deterrent to the daily use of mobile phones at the wheel which we see on our UK roads.

But Causing Death By Dangerous Driving Using Mobile Phone?

Whilst some drivers will get caught and charged with driving a motor vehicle whilst using a mobile phone the only punishment will be 3 points and a fine. But think about what may or could happen if that momentary lapse of concentration did kill someone on the road. A charge for causing death by dangerous driving can be made.

The charge of;

CU80 – Breach of requirements as to control of the vehicle, mobile telephone etc

Could leads to something much worse:

DD80 – Causing death by dangerous driving- mobile telephone etc

CD80 – Causing death by careless, or inconsiderate, driving – mobile phone usage

Endorsements and Offences

The information below is taken from the GOV.UK website which sets out the motoring penalty points for various charges in addition to the serious offences listed above.

Causing Death by Dangerous Driving – Mobile phone use

These codes must stay on a driving record for 4 years from the date of the conviction.

Code	Offence	Penalty points
DD10	Causing serious injury by dangerous driving	3 to 11
DD40	Dangerous driving	3 to 11
DD60	Manslaughter or culpable homicide while driving a vehicle	3 to 11
DD80	Causing death by dangerous driving	3 to 11
DD90	Furious driving	3 to 9

Causing death by Careless Driving

Codes CD80 and CD90 must stay on a driving record for 4 years from the date of the conviction.

Code	Offence	Penalty points
CD80	Causing death by careless, or inconsiderate, driving	3 to 11
CD90	Causing death by driving: unlicensed, disqualified or uninsured drivers	3 to 11

Family Advice Legal Help Line

If you or someone you know has lost a loved one due to a road traffic accident or they have been seriously injured in a non-fatal road accident we are here to help you every step of the way.

Even if you are a concerned friend of the family affected, we understand that sometimes those most affected find it difficult to speak to a solicitor. But from our experience the sooner they obtain advice the more we can help them deal with the paper work, the legal complexities that have to be dealt with and obtaining compensation to help with paying the bills.

Fatal Accidents Claims and Mobile Phone Usage

It is reported that there are 10,000 motorists have been caught twice for being distracted whilst driving a motor vehicle on UK Roads over the last 4 years.

Many such incidents go without tragic results such as:

quick look at who text
texting
making a call
receiving a call
checking emails
sending emails
playing music
the list is now endless with smart phones.

However using mobiles phones behind the wheel are distracting to the extent they are akin to a drink driving charge. Of almost 240,000 motorists that have been caught since 2012, only 284 have received a ban.

Put Your Mobile Phone Away In Your Car

To prevent you being distracted but your mobile phone away so that you cannot get access to it such as your glove box. One tragic loss of concentration can result in a fatal road traffic accident. You could kill somebody. It is not worth it.

Police Will Check Your Phone

As is routine in any serious accidents the police will check your mobile phone records to see if you were using your phone immediately prior to a any accident including a fatal accident claim. If there is not a great deal of evidence as to the cause of the accident, if you were using your mobile phone it may be suggestive that you will be at fault and you could be charged with causing death by dangerous driving or causing death by careless driving the former can lead to a prison sentence of up to 14 years.

The fact that your own life could be spent behind bars for a long time, you also have the guilt of having to live with yourself for killing someone on the road. Just to check your texts or emails. It is not worth it.

Fraud to Justify Large Motor Insurance Premiums

Motorists once again are taken for ‘fools’ in the belief that the motor insurance companies are going to pass down the money saved by the so called ‘compensation culture’ in road traffic accident claims.

For many years the legal industry has been lobbying the Conservative Government in particular with the result that solicitors dealing with whiplash injury claims, personal injury and fatal accident compensation claims have had the costs for dealing with victims slashed to unprecedented levels.

But have the insurance companies passed on these significant savings to the motorists? It is doubtful. I personally have not seen my premiums come down at all.

Abolish Whiplash Injury Compensation and Access to Justice

The Government influenced by the motor insurance injury are now proposing next year to deny victims of road traffic accidents the right to any compensation and restrict access to justice by making it no longer financially viable to instruct a personal injury solicitor all in the need to ‘crack down on fraud’ in motor accident claims.

However the evidence does not stack up. It appears that a leading motorist solicitor Tom Jones is reported in The Times by saying that the costs of claims fell last year and was 30% lower than in 2010.

The motor industry is booming with healthy profits and cash reserves.

What About Fatal Road Accident Compensation?

If the savage Conservative cuts goes ahead as planned, claims involving death in road traffic accidents will not be affected. However, says our Principal Solicitor, Ronnie Hutcheon.

“The English legal system with there is an unlawful killing at work or on our roads is so unjust to the victim and the family members left behind. Harshly put, it is cheaper to kill than to injury. The Fatal Accidents Act 1976 needs a drastic overhaull to compensate fairly the bereaved families. Insurance companies are getting away with compensation murder.“

Dangerous Driving Crackdown

Causing death by dangerous driving provides a life sentence to the love ones left behind. But what about the person who has caused such heart ache? How does the legal Justice System treat him or her?

The sad answer, says Ronnie Hutcheon specialist in fatal road traffic accident claims, is that:

“the offender is treated with leniency, kid gloves. The statistics don’t lie, two out of five motorists who are convicted of death by dangerous driving are not jailed, the average prison sentence is just 4 years back in 2014. Causing death by dangerous driving carries a maximum sentence of 14 years but the average is just less than 6 years.”

Compensation for Death by Dangerous Driving – Unfair

Most offenders will get legal aid and defend the charge. Then in the fatal accident compensation claim, the deceased family will then be faced with fighting the fatal accident compensation claim by large insurance companies with big pockets to spend on solicitors. The family even if the win the case, due to the Conservative legal cut backs, may lose up to 25% of the compensation the family receive to their own solicitors who acted on their behalf. It is totally unjust.

Crackdown of Sentences for Causing Death by Dangerous Driving

However there is some movement by the Government to a least look into the leniency of sentencing handed down by the Criminal Courts for causing death by dangerous driving. The Ministry of Justice consultation will be launched by the end of 2016. It is mooted that causing death by dangerous driving will carry a minimum jail sentence of 1 year and that the distinction between death by careless driving and death by dangerous driving should be abolished and judges should be given the discretion to sentence the offender up to 14 years in jail.

Time will tell if these proposed stronger punishments will materialise in the months and years to come. But something has to be done to deter dangerous driving on UK roads.

Fatal Car Accident and Uninsured Driver

Where a driver has caused a fatal accident claim and has no insurance a claim for compensation can still be made.

Despite the fact that the vehicle or driver is uninsured does not bar a claim for compensation providing that the accident has been reported to the police as soon as possible. Obviously due to the seriousness of a fatal collision this not usually a problem.

Assuming that the relevant reporting and requirements have been made a claim for fatal accident compensation can be made via the Motor Insurance Bureau.

What Happens Next?

Your fatal accident claim solicitors will investigate the claim in the usual way. The relevant steps would be:

Investigate the fatal accident details
Interview family members and those affected
Establish who can make a claim under the Fatal Accidents Act 1976 & the Estate Claim
Liaise with the police
Submit a claim to the Motor Insurance Bureau
Liaise the MIB regrading procedural aspects of the fatal accident claim
Reach a settlement for fatal injury compensation

Why the MIB?

The MIB was set up to compensate victims of road accidents where the cause of the accident was due to an uninsured driver or untraced driver. The MIB is known a fund of last resort so that the MIB will only step in if there is no other insured person liable in respect of the accident.

The MIB scheme is not limited to fatal injury, it also covers general personal injury and losses.

Untraced drivers are also covered, ‘hit and run’ claim.

Claim for Uninsured Fatal Accidents/Personal Injury?

Anyone considering make a claim for a fatal accident or personal injury against either:

should not be deterred from making a claim for compensation as the MIB scheme has been set up to help victims and families by those who have been affected.

Crime Does Not Pay – Joint Enterprise

Where a fatal road accident occurs the consequences for those left behind are devastating. But what happens if as a result of the death that caused the fatal injury, the deceased was involved in a criminal activity by himself or with another, for instance on a ‘joint enterprise?’

An example of a criminal activity but be breaking into a car to steal it or driving a car with an intention to seriously injure or kill somebody. This can be done by himself or with others. The general rule is that if someone has committed a criminal offence, current or a past criminal offence, those charges can be taken into account to stop any compensation or reduce the amount of compensation for a fatal accident claim.

Examples of Criminal Joint Enterprise

In one case where there were two persons involved in a criminal joint enterprise, one a driver and the other a passenger, the driving drove his car negligently and injured a pedestrian. The Court had found them both responsible for the accident.

The same principle will apply where the passenger encouraged the driver to drive in a dangerous or careless way, if a fatal car accident happens then the passenger and the driver can be held both liable for the death of another.

How Much Compensation Can Be Deducted if There is Criminal Liability

This is dependent upon the facts. Certainly if the person who caused the fatal accident and died himself by dangerous driving, it will follow that his ‘dependents’ will not be able to claim as his estate and his dependents cannot claim against himself as he was at fault.
If he was killed whilst racing another vehicle in a dangerous manner, it again will follow that his estate and his dependents may not bring a claim due his criminal activity.
If he the driver was innocent in the accident but had criminal convictions in the past, his compensation could be reduced or stopped. The amount that can be deducted will be dependent upon the seriousness of the criminal convictions. The ore severe the greater the deduction.

Help and Assistance

Contact the fatal accident claims please contact our experienced solicitor who will help you every step of the way.

Fatal Car Accidents and Family Members

Losing a loved one in a fatal motor accident claim is heart-breaking enough but can you imagine the hurt when the fatal motor accident could be down to a family member or friend?

Dad/Mother/Uncle Driving The Car

The most common example is where parent or other family member is driving a car and a fatal road accident collision occurs. If the parent or family member who is driving the car was at fully at fault in particular, it would mean that in order for the deceased family passenger to claim fatal accident compensation it will have to be directed the driver.

Thus in family situations the deceased passenger in the vehicle will have to claim fatal accident compensation against the driver thus:

Deceased spouse v Driving Spouce at fault
Deceased child v Driving Parent. Uncle, Aunt etc at fault
Deceased Parent v Driving Adult Child 17 years plus

The close family connection makes the fatal car accident claim even more difficult (emotionally) as one would expect. However one has to deal with the case in hand and nothing can be changed. Nobody can turn back the clock.

Who Pays The Fatal Car Accident Compensation?

Whilst it is in name only that a claim is to be made it must be remembered that the compensation for a fatal motor accident is paid by the insurance company. If there is no insurance company there is a scheme available that will compensate the estate of the deceased and the dependents of the deceased if any.

Legal Support and Advice

As fatal accident solicitor we will help you every step of the way to assist you and hold your hand through the most difficult time in your life and your family members. The legal implications to make a claim can be far-reaching and complex so please contact us for the advice that you need.

Fatal Accidents Act – Value of Life

In this blog by the fatal accident solicitors we come to mention the unjust award of compensation in England & Wales when a person loses his or her life following a fatal accident.

Most fatal injury claim arise due to motor accidents for fatal injury at work claims.

In some detail we have discussed the inadequacies of the Fatal Accident Act 1976 to compensation close family members who lose a loved on following an untimely death to the negligence of another or due to an act of violence.

Value of Life?

The value of life ranges from what most members of the public consider a human being is worth, that is ‘priceless’ and from the law’s point of view ‘value-less.’

The compensation for a loss of life in a fatal accident if death occurs instantly is £NOTHING. However if the victim suffers some pain then some compensation is payable. The amounts are once again derisory and unfair.

Thus in when considering fatal accident claims on decided cases in the past, the following compensation is awarded where:

If the victim is fully aware of pending death, suffers severe burns and lung damage, fluctuating levels of consciousness between 4-5 weeks, the compensation to the victims estate is worth in the region of £14,000 to £18,000.

The price of an average SUV motor vehicle.

Its not enough but that is what we are faced with at the moment as the law currently stands. However there are many other aspects to making additional compensation payments for dependents of the deceased and a bereavement award.

Fatal Accident? – No Win, No Fee, Solicitors

As specialist fatal accident solicitors we take the worry about speaking to a qualified solicitor if you wish to seek advice or simply wish to have a chat with a solicitor. We provide a No Win, No Fee, Solicitor service for fatal accident claims.

No Win No Fee Solicitors – How Does It Work?

In simple terms if the fatal accident compensation claim is lost which can be by obtaining unfavorable advice when the fatal accident solicitor is investigating the claim or lost at a Court Hearing the general rule is that the losing party has to pay the winning parties costs. However those costs are now qualified since April 2013 as in a fatal injury claim the losing party does not have to pay the legal costs of the action save for expenses in running the case. For a detail look on what this means see qualified one way costs shifting link.

However to save time and worry in having to read the above link and understand this, the simple way to protect yourself is to obtain legal insurance. We can obtain the insurance on your behalf and you only pay for the insurance if you win the case so it is genuinely worry free.

So by obtaining insurance through fatal accident solicitors you protect yourself against any legal costs if the claim for compensation is lost.

What Does it Cost If I Win?

In the event of winning compensation for a fatal accident claim the you win pay the following:

Success fee of between 0% to 25% of qualifying compensation
Legal expense insurance (if one is obtained) – remember you don’t pay this if you lose.

The balance of the compensation will be paid to you.

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