Crime Does Not Pay – Joint Enterprise
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 deceased 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
Contact the fatal accident claims please contact our experienced solicitor who will help you every step of the way.
Posted: October 21, 2016 at 5:50 pm