Category Archives: fatal motorbike claims

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.

Cyclists and Fatal Accidents – Near Misses

Cyclists are prone to serious life-chanigng injuries or fatalities on the road due to their vulnerability.

Cyclists are reported to be a risk to being knocked off their bike almost every 2 weeks which can be the fault of the cyclists not being aware of their surroundings or motorists not seeing or expecting a cyclist close by.

There are also other matters of concern to avoid such devastating consequences on the UK roads and streets.  What are they?  It is the ‘near misses.’  Those thankful days where a car, van or lorry just misses the cyclist and thus avoiding a fatal accident claim and serious injury.

25 Near Misses A Year

It is reported that almost every 2 weeks a cyclist is almost knocked off their bikes.  A staggering statistic. It appears there is confusion over the right of way at junctions in particular which gives rise to most risk to potential cycling fatal accident claims.

On average a cyclist will experience 25 near misses at junctions every year in the UK. The Highway Code is being criticised by cycling organisation to be updated to reflect the dangers and a petition has been set up.

British Cycling Federation have said that there are 14 conflicting rules to consider for cyclists and motorist alike when it comest to rights of way at road junctions.

Dangerous Common Risk

British Cycling have said that the most common dangerous manoeuvre was passing too close to the cyclist by a motorist.  It was recorded over 130 times a year and where a vehicle pulling out in front of a bike 70 times.

Contact the Cycling Accident Solicitors

If you have been involved in an accident causing injury or are a family member or friend who has lost a loved one please contact us for legal advice and support.  No matter how small the question on blame, liability, compensation or simply what to do we can point you in the right direction or help you submit a claim.

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.

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.

 

 

Fatal Car Accident Claims – Face Jail

Many deaths on the road are due to careless driving techniques (causing death by careless driving) or dangerous maneouvers (causing death by dangerous driving) often with a result of a fine, penalty points and a jail term.  The latter is more likely if the offence was deemed to be dangerous.

However, even if death is caused by dangerous driving, nevertheless it is often said that the jail term does not reflect the offence, often jail terms are between 2 to 4 years.

Using Mobile Phone and Causing Death On the Road

With the recent upsurge in using mobile phones behind the wheel, handsfree or otherwise, there as been a rise in fatal car accidents and non-fatalities on the road due to the distraction when using a phone.

At the present time the maximum sentence of causing death by dangerous driving is 14 years sentence but the average jail term is less than 4 years.

Certainly killer drivers ruing lives, the pain is immeasurable to the families and friends left behind.  Whilst it is impossible to compensation a loved one who has been killed in fatal road accident claim nevertheless the Government are determined to ensure that the punishment fits the crime.

Sam Gyimah the justice minster has come out recently and advised that the message is clear:

‘if you drive dangerously and kill on our roads, you could face a life sentence.’

Death By Dangerous Driving Solicitors Advice

Expert legal advice is here if you have been affected by a death in the family (or a friend) who sadly has lost his or her life in a fatal road accident.

Our solicitors are here to help you every step of the way.  Even if you just want a chat at this stage please contact us for expert support and advice.

Reducing Fatal Car Accident Claims

The Department for Transport will take measures to fit speed cameras and warning signs of 50 of the most dangerous A roads in the UK to reduce the number of fatal accident claims and serious injuries on the roads.

It is reported by the DfT that in 2015 there were over 1700 deaths on the roads and over 22,000 people seriously injured.

One of the roads it has planned is for the A32 through Hampshire which has recorded 33 fatal road accident claims and serious injuries.  Also there is a stretch of road that is 12 miles long the A285 through South Downs which has 23 major accidents and was named the UK’s highest risk.

Other roads that include fatal car accident claims and life changing  injuries that have been targeted is the A588 between Lancaster and Blackpool were there were 28 serious car crashes in 2 years.

In addition to speed cameras other road calming methods are being considered by Councils such as anti-skid treatments and rumble strips to slow down cars.

A spokesperson from the RAC welcomed the initiatives advising that the number of fatal road accident claims have come down but at recent times has remained at 1750 over recent years.

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 3

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

or

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.

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.”

Fatal cycle accident

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.

Fatal road traffic accident claims

 

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.