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.”
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.
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.