Category Archives: Fatal Car Accidents

Frankie Murphy Inquest Liverpool 26.06.19

The Inquest of Frankie Gary Murphy

The Inquest was held following the tragic death of a young boy just 13 years of age who sadly lost his life on Liverpool Road, Page Moss , when his bike was hit by a car shortly after 5pm on October 24, 2016.

Our Principal Solicitor who attended the Inquest, at South Sefton Magistrates Court, Bootle, Liverpool, Ronnie Hutcheon, represented the family.

Whilst the hearing has been reported extensively by the Local Liverpool Paper, The Echo  nevertheless an Inquest can only provide a verdict on certain facts but a robust cross-examination of the witnesses is not permitted.  Thus the verdict at Inquest Hearings may not always get to the detail that is required in criminal or civil proceedings.

A statement on behalf of the family, was read out to the Echo Journalist as hereunder:

A statement from solicitor Ronnie Hutcheon, on behalf of Frankie’s family, said:

“As solicitor for the family of Frankie Murphy I would like to acknowledge the composure and dignity of the family throughout the hearing despite the deep hurt and emotional distress caused by their loss of Frankie.

“The family appreciate the limitations that the coroner can decide, the evidence he can hear and the nature of verdict that can be handed down.

“Frankie Murphy’s family and legal team will take time to reflect upon the evidence and decide if further action will be taken through the civil courts.

“The family would like to express that Frankie was the life and soul of the family and will always be missed and loved by everyone left behind.”

Inquest Hearings Law and Procedure

Attending Inquest Hearings, Liverpool can be a daunting experience on behalf of bereaved families who are already suffering following the death of a loved one.  For further reading on What happens at an Inquest or Coroner’s Court‘ please click on the link.

To deal with the legal complexities that follow, talking to the Coroner, the Police, pathologist, dealing with the paper-work etc and bills are just one of many factors.

We can help all families who suffer from a bereavement due to an accident where someone else may be to blame.  Please contact Ronnie Hutcheon, specialist fatal accident solicitors.

 

53 Year Old Dies in Fatal Accident in Liverpool

53 Year Old Dies in Fatal Accident in Liverpool

Tragically there has been another local fatal car accident in Liverpool. The accident details are reported in the Local Liverpool Echo.

Our deepest condolences are to the family of those affected at this most difficult time.

The Liverpool Echo reports:

“Emergency services were called at around 2.15am to reports a black Mercedes car had been in collision with a stationary HGV on Moorgate Road.

“The 53-year-old male driver of the car was taken to hospital but later died from his injuries.

“Next of kin have been informed and formal identification has taken place.”

If you have any information about this indcident you can contact the Matrix Roads Policing on 0151 777 5747 or Crimestoppers, anonymously, on 0800 555 111.

Fatal Road Accidents

The most common fatal accident claims comes from those who have been involved in a road accident.  The legal issues can be complex in the form of liability (negligence) that is who is at fault for the accident and what damages (compensation) that can be claimed?

For expert help or just an enquiry on what to do following a fatal accident, no matter how small the enquiry please contact us.

Fatal Car Accident Claims – Marijuana

Tragically it is not just human error, a split second wrong decision or complete and utter carelessness or recklessness that may cause a fatal road accident claim for compensation but what the driver does before getting behind the wheel.

The issue is drugs in society and seemingly freely available to many youngsters who drive today.

A recent study that the fatal accident claim solicitors blogged about earlier reported on a study by the Highway Safety Association which as reported that there are more fatal road accident claim due to drug taking than alcohol.

We reported that whilst this study was based on information from America, it is often the case (or at least is seems to give the impression) that come 10 years time, the UK will follow what the US does.

Cause for Concern – Fatal Car Accidents and Drug Taking?

As fatal accident claim solicitors specialising in this area, we consider that what happens in America will happen in the UK.  The report suggests that there were over 35,000 deaths due to road accidents.  A third of those drivers who died behind the wheel tested positive for some form of drug taking.

Marijuana – The Drug for Drivers?

The drug that most drivers that were killed behind the wheel in a fatal car accident claim had taken marijuana in some form or another. The next most common drug was amphetamine which showed up in about 9% of those deaths.

Should Marijuana be Legalised?

The report suggests that the rise in the number of fatal car accident claims due to drug taking coincided with the legalisation of the drug for recreational or medical use in more than 50% of the states in America.

The are calls in the UK for this drug to be legalised and perhaps this is one form of evidence that suggests that before we consider going down this road, more studies and safeguards should be considered.

Drugs The Big Killer in Fatal Road Accident Claims

Sign of the times. In the 70’s and 80’s the problem seemed to be with alcohol related deaths on the road. However there in the United States there are more fatal road accidents due to drugs than alcohol.

Why is this relevant I hear you say as this is an American problem?  The answer is short and to the point.  It seems that whatever America does, the UK will follow some 10 years later.  A maker we have to consider no doubt.

Drink and Drugs

In one report where the statistical information has come from, (Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility) advisers that there is a a steady increase in drug use amount drivers killed in road traffic accidents.

In 2005 28% of toes tested were found to be under the influence of drugs, but in 2009 this increased to 33%.

35,000 Killed in Crashes

The statistics are shocking and every life lost is a personal tragedy that could have been avoided. Of the drivers who were fatally killed, 57% were tested for drugs and 71% for alcohol.

Over a third were tested positive for drugs.

Combined with those to criminal charges against the offender, the family left behind following the loss of a loved one will want to ensure the justice is achieved by the conviction  of the offender and also fatal accident compensation can be obtained to relieve some of the financial stress and worry.

 

 

 

 

 

Social Media The New Church

The Church is often what we use to for family and friend to get together on important stages in our lives:

  1. Christenings
  2. Marriage
  3. Deaths

Facebook is Taking Over!

Now Facebook is taking over (at least digitally).  We are still using The Church for such important events in our lives (and death) but Facebook is now so vast and widely used that such events also take place digitally.

Facebook is certainly a place for light-hearted messages, thanks, updates but now even announcements of a death in the family are often an important message board to inform family and friends.

In a recent study by Co-Op funeral care  a third of adults who want their loved ones to post online when the die have already let someone know that tho sis their wish.

We Deal in Grief in Different Ways

Everyone is different.  Some will shudder at the thought of advising loved ones or friends of a loss.  They would want to meet the family in person, make that call rather than announce it on social media platforms.

However others are use to posting anything and everything which includes announcing the death of a loved one.

Announcements of death on social medial ever growing.  Anyone who has lost a loved on in the past 3 years due to an unlawful killing should consider seeking legal advice to help them make a fatal accident claim for compensation and getting to the truth of what happened.

Contact us now for help and support all under a no win no fee solicitors guarantee.

Suspicion of Death by Danger Driving in Liverpool

A man has been arrested in a ‘hit and run’ tragic fatal car accident when the vehicle he was driving caused the tragic death of a little girl and serious injury to her grandmother.

The man who handed himself in after allegedly travelling abroad after the tragic accident is now said to have handed himself in after pleas from his mother on national TV.

Police are not looking for any other suspect.

Further Reading on this tragic event: Liverpool Echo – Violet-Grace

Consequences Causing Death by Dangerous Driving

In our mind the punishment for causing death by dangerous driving are totally inadequate.  The maximum punishment is 14 years in prison.  Most serve less than 5 years.

If the punishment against the driver is not sufficient, bereaved families are further met with an insulting legal system where compensation is of limited or no use especially when it comes to losing children.

Yes compensation is not everything, it will never be enough for a loss of a loved one but the compensation for a fatal accident claim for causing death by dangerous driving can help with financial pressures following the death of a loved one.  Often even if it is not the bread-winner who has died, some bereaved family members cannot go back to work for a long time.  The bills don’t stop coming in.  They need to be paid from somewhere.

If you have been affected please contact us for sympathetic expert legal advice.

 

 

Criminal Injuries – Fatal Road Crash

It is unfortunate that there are many senseless deaths and fatal car accidents on UK road due to the criminal acts of others. Usually young teenage or adult males.

Motor vehicles can easily be turned into weapons and cause carnage.  Young males still steel vehicles for ‘joy riding’ or used in the course of a criminal offence such as a get-away car at the scene of a crime.

Whatever the use, there is with regret victims who are present at the wrong place and time who ultimately and needlessly lose their life or suffer from serious injuries or life-changing injuries and are in the need of fatal accident compensation to help them recover and relieve the financial stress and burden of not having to work again.

Help is Available to Victims of Fatal Road Accidents

Those bereaved families who have lost a loved on due to crime or criminal activity can seek independent specialist advice from solicitors dedicated to help victims.

Notwithstanding the criminal often have no assets or money or insurance cover to sue for compensation, a claim can be made for criminal injuries compensation for the death of a loved one.  The scheme is designed to help bereaved families to claim compensation for a fatal accident claim where the death was caused due to a criminal activiity.

For more information on making a criminal injuries claim for compensation for the death of a loved one please click here: criminal injuries – compensation for death.

Estate to Pay more in Fatal Accident Claims

Dramatic increased in court fees are not uncommon with the Conservative Government.  Now the bereaved families are set with another tax through probate fees which will come into force in May 2017.

What is Probate in a Fatal Accident Claim?

Probate is the court procedure to ensure that the person who has died is officially recorded and to show the assets and liabilities of deceased immediately before death.

Probate will be obtained by the deceased executors if a will was left behind or through the next of kin (known as intestacy) if there is no will.

The person(s) in charge of the deceased affairs will then issue the relevant paperwork at the local court to obtain permission to officially deal with the legal affairs of the deceased which includes selling or maintaining assets and paying debts of the deceased.

In addition, of course, the person(s) dealing with the affairs of the deceased will also need to file the relevant IHT (Inheritance Tax Forms) to inform the Inland Revenue of how much tax, if any, the estate has to pay.

Fatal Accident Claims Increase Probate Fees

Fatal accident solicitors will need to advise bereaved families of the increase in the probate court fees, which can raise to £20,000 simply to authorise the court to proceed through probate.  There is nothing more the court will do for this hefty fee, it is just a backdoor method of gaining more tax from the dead.

Fatal Accidents and Motor Insurance Bureau

Fatal Accidents and Motor Insurance Bureau

In this blog we would like to refer you to our link page fatal car accidents and motor insurance bureau for general information for bereaved families who need some guidance on taking action against the driver who killed a family member in a fatal road traffic accident.

Fatal Accidents Claims - The Law

Legal Proceedings v Motor Insurance Bureau – Fatal Accident Claims

One a relevant bereaved family member instructs a fatal car accident claims solicitor proceedings will be taken against the driver said to have caused the fault.  Now if that driver is uninsured or untraced a case may be made out against the Motor Insurance Bureau or (MIB).

The MIB will effectively run the case and if the offending driver is at fault will make an award of compensation.

Practical Steps to Issue Proceedings v MIB

There are special rules for fatal accident solicitors to take action where the MIB is involved.  Failure to adhere to the rules (Uninsured Drivers Agreement) for instance will mean that a perfectly good claim for fatal accident compensation will have to be rejected.  The main points a fatal accident claim solicitor will have to bear in mind is:

  • MIB claim form, must be completed and submitted to the MIB as soon as possible.
  • Upon issue of proceedings relevant notice in accordance with the Uninsured Drivers Agreement but be given to the MIB (Clause 9).
  • Once the court has issued proceedings (the fatal accident solicitor must inform the court NOT TO SERVE UPON THE MIB/DEFENDANT) as the solicitor must then notify that the claim form has been issued within 14 days.  The court may fail to inform the Claimant fatal accident solicitors that the claim form was issued in time which may result a failure to provide proper notice.
  • Upon issue of the claim form the fatal accident solicitor must then serve this upon the MIB and defendant driver (if traced but uninsured) together with other relevant documents which will include the particulars of claim, medical evidence and a schedule of loss.  Further all relent correspondence with the defendant and any relevant insurance certificates – Clause 10.
  • When the fatal accident claim solicitors serve all of the relevant documents it is good practice that notice is provided at the same time that if there is no defence served within 35 days of service, the Claimant reserves the right to enter judgement.

Failure to Comply Will Result in the Fatal Car Accident Claim Being Struck Out

A failure of the fatal accident claim solicitors to comply with the strict time limits set out in the  Motor Insurance Bureau Uninsured Drivers Agreement can result in them rejecting a perfectly valid claim.  Even if the procedural aspects are complied with when proceedings have been issued and serve, if the fatal car accident solicitor failed to give notice within the 35 day period to enter judgement, again the MIB may reject the fatal car accident claim.

Driver in Fatal Accident Was Uninsured – What to Do?

The hurt of loved ones following a fatal road accident is compounded when the person who caused the death was uninsured.

It is difficult enough to have to deal with the legal complexities following the sudden and unexpected loss of a close family member but then having to find out there is no insurance just makes matters more difficult.

Step in the Motor Insurance Bureau, who can deal with fatal car accident compensation claims if the driver of the vehicle that is at fault was uninsured or untraced.

Fatal Car Accident Uninsured Driver or Untraced Driver

If the driver that caused the death cannot be traced or even if traced has no insurance solicitors acting for the bereaved family will take action against the driver via the MIB.  The MIB is a fund set aside by a pool of insurance companies to compensate loved ones for the death of a close family member, funeral expenses and financial dependency losses.

Many fatal car accident claims are taken against a driver that is properly insured but there it is still not uncommon for the MIB to be involved.

Many fatal car accident claims are often following by criminal charges brought by the police for such offences as:

Help and Advice

To take specialist legal advice from solicitors who deal with fatal car accident claims is necessary to over-come the legal complexities that often accompany fatal road traffic accident compensation claims.  Not every solicitor who deals in personal injury will have all the necessary expertise to represent bereaved families.

Contact us now the fatal accident claim solicitors, we are here to help you every step of the way.