Death by Careless Driving
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Careless driving is when a driver’s standard of driving falls below that of a careful and competent driver. Examples include distraction, misjudgement or inattention. It is a criminal offence, and a civil claim can follow regardless of the criminal outcome. Evidence from police investigations will usually be central.
Yes. Criminal liability and civil liability are separate. A civil claim requires proof of negligence on the balance of probabilities which is a lower threshold than criminal prosecution. Police evidence can still be used even if no charges are brought.
A defined group of dependants can claim under the Fatal Accidents Act. This often includes spouses, civil partners, cohabitees who meet statutory criteria, and children. The estate of the deceased can bring separate claims for pain and suffering and financial expenses incurred before death.
Timelines vary. Straightforward cases may settle within twelve to eighteen months once liability is admitted. More complex cases involving contested liability or substantial dependency calculations can take longer. Early instruction of solicitors helps to progress the case efficiently.
Most fatal accident claims settle without a trial. Court attendance is usually only required if liability or valuation cannot be agreed. Solicitors will prepare you fully if attendance becomes necessary.
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