The police and emergency services are naturally making the appropriate investigations. Thames Valley police have arrested two of the drivers involved. There is a possibility that charges may relate to causing Death by Dangerous Driving. A lesser charge is often called death by careless driving.
It is not wise to speculate however in such tragic events.
Fatal Road Accident Solicitors
Our deepest condolences go out to all those affected and those those who were injured, their family and friends.
When faced with a fatal accident claims road traffic accident there can be worry for the dependent family that the defendant driver does not have motor insurance to provide compensation to the deceased’s estate and family left behind.
Thankfully, even if the defendant driver was uninsured or even untraced at the time of the fatal accident claim the family and the estate of the deceased are still able to obtain compensation from the Motor Insurance Bureau (MIB).
The MIB has been set up to provide compensation for fatal accident claim so that the family left behind do not financially suffer as a result of losing a love one.
The claim procedure will be handled the same by the fatal accident claim solicitors which will include:
Investigating the circumstances of the fatal accident claim.
Dealing with the police
Speaking to the coroner
Attendance at a coroner’s hearing if required
Establishing compensation award
Establishing dependents of the deceased.
Providing compensation payments
Fatal Accident Claims – Need Advice?
If you or a member of the family who have lost a loved one and are in need for advice, please contact the fatal accident claim solicitors now.
Motor policies to rise again – fatal accident claims?
In a surprise move by the Government, the compensation bill for motor insurance companies is due to raise by £6 billion which they claim will add a £60 levy on the average cost of a motor policy to cover personal injury claims such as fatal accident claims in a road traffic accident or where there are non-fatalities but causing serious or life changing injuries.
Sceptics to the motor increase
What the motor insurance industry have failed to say is the dramatic change in the law since April 2013 when insurance companies have restricted fatal accidents claims solicitor costs dramatically and making injured victims as a result have to pay up to 25% of their compensation to their own solicitors where it use to be that the insurance company will pay.
Further there is likely to be coming into force shortly further restrictions on who can claim for motor accidents and reduction in injured victims who can claim and seek legal advice.
The insurance industry cannot have it all their own way. They have to properly compensate victims in fatal accident claims and serious life changing injuries regardless and seek to reduce their dividend to share-holders and profits.
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.
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:
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
Causing death by careless, or inconsiderate, driving
3 to 11
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.
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 death 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 on fatal road traffic accidents?
Contact the fatal accident claims please contact our experienced solicitor who will help you every step of the way.
• Under the current Fatal Accidents Act 1976 for dependency claims by relatives of people who are killed by the negligent wrongdoings of others can recover compensation for the death and hurt caused from losing a loved one.
• The Fatal Accident Act 1976 provides for a fatal accident compensation award on behalf of the “dependants” of the Deceased. The Dependents are usually the Spouse, Partner, Children of the Deceased.
• The word “dependent” refers to a person who is sustained by another person, such as a child supported by his or her parents. The word also refers to financial reliance which can be in money or “monies worth. So if a Dependent was living in the Deceased’s property “rent free” it is a possible claim.
• However the number of Dependents can be wide and not limited to the immediate family. It can extend to brothers and sisters, grandparents etc.
• Furthermore, the Fatal Accidents 1976 Act also allows for a ‘bereavement claim’ to be awarded in recognition of grief by a further restricted class of “dependant” (a spouse, partner or parents/mother if the deceased was a minor under the age of 18). For more information please visit our dedicated webpage concerning the bereavement award.
• As of 1 April 2013, the amount of the bereavement claim award increased from £11,800 to £12,980. In our respectful view, this amount is pitiful. Although we appreciate that no amount of money can compensate for the loss of a loved one, the level of this award should be increased.
• In addition, the Fatal Accident Act1976 Act also allows for ‘funeral expenses’ to be claimed by the dependants in respect of the deceased.
2. What you can expect from us:
• As specialist fatal accident claim solicitors, we are here to help you every step of the way to make a fatal accident compensation claim. Sympathetic advice and support is paramount in addition to maximum compensation for dependency and other related financial loss.
With this in mind, we strongly believe it is unjust to take up to 25% of the compensation for grieving families. However whilst we do not like to charge any success fee, due to significant increases in court fees and drastic legal cost cutting we are forced to make a charge which currently stands at 12.5% plus vat (almost half what most other solicitors will charge). Of course we offer a No Win No Fee Solicitor service so the family are fully protected. Thus it can be costly to go to another firm of solicitors.
• If you wish to seek further guidance and advice; please feel free to contact our specialist fatal accident solicitors. We will be pleased to help you even if it is just a query rather than making a fatal accident claim.
• Our details are on our website: Fatal Accident Solicitors Contact Us page:
Further reading on fatal accident claims guide.
See our specific webpages for further information:
Statistics have shown from ROSP in the report above that the most common cycle accidents are caused in the following way:
Motor vehicles pulling out into the path of a bike rider
Motor vehicles cutting across the path of a bike rider.
A cycle rider turning right from or into a major or minor road
Child riding a bike too fast.
A bike rider colliding into the he path of a motor vehicle, off pavement.
Cycle Accident Injuries Claimed
The ROSPA report indicates that the most common injuries are:
To legs and arms making a total of 65%.
Chest and abdomen injuries (5%).
Head Injuries; from minor to serious head injuries, including skull fractures and brain injuries are common accident injuries to cyclists. Child head injuries/Child brain injuries occur in 45% of accidents.
Fatal cycle accident claims revaeal that more than 70% of fatal cycle accident in London suffered from moderate to serious life changing injuries. Over 80% of cyclists that were killed on UK roads were on out of City location in rural roads.
Cycle Accident Solicitors Advice Line
We are expert injury solicitors specialising in cycle injury claims to fatal cycle accident compensation claims. Whatever the injury or nature of query please call us for advice and assistance.
For more advice relating to non-fatal cycle injury claims please visit our dedicated accident website that deals with motorcycle claims and pedal cycle claims.
Cycle accident deaths and serious injuries are unfortunately common on UK roads. By cycle accidents this includes motorbike riders as when as pedal cyclists.
The number of motor vehicles and lorries on our roads compared to cyclist means that that cycle rider our outnumbered and bullied off our roads. The UK Government has not spent enough on trying to keep our cyclists safe. The cycle lanes are few and far between, incomplete and ineffective to combat the number of fatal bike accidents and serious injuries on our roads.
Just look at this article from the Star illustrating the five most dangerous roads in Sheffield. The news feature it claims there are more than 800 bike riders injured on the road in Sheffield alone, that is just under 140 per year or 11 pm.
Due to the vulnerable nature of cyclists on our roads it is no surprise that when a collision occurs the injuries are serious and tragically prove to be fatal. We are here to help our fatal bike accident solicitors will help with the investigation into the fatal cycle accident claim and support the family throughout the legal process.
If the cycle accident compensation claim is non-fatal are specialist solicitor will be here to help you take action against the Defendant and claim the maximum compensation for the serious injury claim including compensation for the injuries, any loss of earnings, medical expenses and all other losses directly as a result of the unfortunate accident. For non-fatal cycle accident claims we have a specialist dedicated website for support and advice.
‘Help when you need it most‘ are heart felt words that are more apt when it comes to losing a loved on due to an ‘fatal accident’. We use the word ‘accident’ because in some tragic cases this can include actions that are reckless rather than careless or due to ignorance.
Here a fatal road accident is caused by more than a momentary lapse of concentration on the road, it is more than that. That difference it total devastation for the family who have lost a loved one from an emotional also also financial.
Fatal Accident Solicitors – Free Family Support
Nothing can change what has happened but we would all give everything we have to change it. But life has to go on and we are here to help bereaved families to find justice and to obtain some financial stability.
We will help the family by investigating the cause of the fatal accident claim by seeking up to date developments with the police who are empowered to establish if any law has been breached and to provide the necessary evidence to the Crown Prosecution Service (CPS) who will make a decision if a criminal charge can be made against the driver for causing death by dangerous driving.
If an fatal accident at work has happened then the Health and Safety Executive will be empowered to investigate and has the power to prosecute employers if they fail in their duty to provide a safe place and safe system of work.
Again as fatal accident solicitor we will liaise with the Health and Safety Executive and if there is evidence that the employer has fallen short if its duty of care, take necessary court action to include a claim for fatal accident compensation.
This website is dedicated to helping families who have lost a loved one in due to a fatal accident either on the road, at work or somewhere else. No matter, how, why or where please get in touch with us as we will do everything we can to help you. Our advice will be under a No Win, No Fee, No Worry Solicitor Service.
Call or email us today. Our contact details are on our Contact Us page.