Causing death by dangerous driving
Keywords: Death by dangerous driving, death by reckless driving, death by careless driving, Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934, dependency, fatal accident claims, compensation for death in road traffic accident.
The sudden loss of a loved one due to another causing death by dangerous driving is one of the most common fatal accidents that the fatal injury claim solicitors have to deal with.
All fatalities are a personal tragedy to the family, nothing can turn back the hands of time, nothing can cushion the hurt, pain and suffering. No compensation for a fatal accident can ever be enough, can ever compensate the family left behind.
The law is found in the Road Traffic Act 1988 substituted by the Road Traffic Act 1991, section 1.
The Court/Jury will have to consider very carefully if the defendant dangerously drove a ‘mechanically propelled vehicle’ i.e. motor car, motorcycle on a public road or in a place contrary to the Road Traffic Act as amended. If so the defendant must be convicted of the criminal offence and the Judge will apply the appropriate sentence.
If the defendant is convicted of causing death by dangerous driving there will inevitably be a claim for fatal car accident compensation under the Fatal Accidents Act 1976 and the Law Reform Act mentioned above.
What is a mechanically propelled vehicle?
One major issue is that for the defendant to be guilty of causing death by dangerous driving and as such for the bereaved family to claim fatal accident compensation, the vehicle that the defendant was driving must be mechanical propelled. So it can be more than just a car or a motorbike. It can apply to a quad bike, or any vehicle that has been adapted for use on a public road.
Causing Death in a Road Accident, result in Manslaughter?
Unless it can be proven that the vehicle was deliberately aimed at victim and as such an intention to kill (i.e. murder) then the lesser charge against the defendant for causing death by dangerous driving will be manslaughter.
It has been reported in the conviction rate for manslaughter since the change in the law has reduced from 89% to 79% due to the possible reluctance of the Jury finding the defendant guilty of manslaughter where the fatal accident was ‘accidental.’
However, it does not lessen the ultimate hurt and grief that is caused the a loved one is killed due to death by dangerous driving.
Making a claim with the fatal car accident solicitors
Fatal injuries compensation claims can be difficult, complex and demanding. It should not be left to an average personal injury solicitor. You need a specialist to help you deal with the important legal matters, the investigations into the fatal car accident and deal with the compensation.
Advice and assistance is available under a no win no no fee solicitor service so you have nothing to worry about when instructing us.
Posted: May 9, 2016 at 1:12 pm