We have all heard of causing death by dangerous driving or causing death by careless driving, however the Conservative Government are considering if a charge on the statue books can be brought for causing death by dangerous cycling.
Ministers this month are looking into the death of a cyclist where a woman was hit by a bike when she crossed the road. The cyclist was charged and convicted with wanton and furious driving over the death.
Riding a Bike with Faulty Breaks
It was revealed that the bike had no front brake. The cyclists was, however, cleared of manslaughter and convicted of a lesser charge which only carried a maximum sentence of just 2 years.
Increase the Punishment
There is no backing with the Government to review the law when someone is killed on the road or pavement by a cyclists to bring it in line with the law relating to motor vehicles. There has been a recent growth in cyclists over the past 10 years and as a result, the probability is that more people could be injured or killed on the roads.
Parliament is reviewing the law in this area following the sad loss.
A man has been arrested in a ‘hit and run’ tragic fatal car accident when the vehicle he was driving caused the tragic death of a little girl and serious injury to her grandmother.
The man who handed himself in after allegedly travelling abroad after the tragic accident is now said to have handed himself in after pleas from his mother on national TV.
Police are not looking for any other suspect.
Further Reading on this tragic event: Liverpool Echo – Violet-Grace
Consequences Causing Death by Dangerous Driving
In our mind the punishment for causing death by dangerous driving are totally inadequate. The maximum punishment is 14 years in prison. Most serve less than 5 years.
If the punishment against the driver is not sufficient, bereaved families are further met with an insulting legal system where compensation is of limited or no use especially when it comes to losing children.
Yes compensation is not everything, it will never be enough for a loss of a loved one but the compensation for a fatal accident claim for causing death by dangerous driving can help with financial pressures following the death of a loved one. Often even if it is not the bread-winner who has died, some bereaved family members cannot go back to work for a long time. The bills don’t stop coming in. They need to be paid from somewhere.
If you have been affected please contact us for sympathetic expert legal advice.
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.
In this tragic road traffic accident a lorry driver was cleared of causing death by dangerous driving and causing death by careless driving when the breaks of a lorry failed on a steep hill.
However the owner of the haulage company was responsible for the vehicle and the Company’s mechanic who was responsible for checking the lorry’s breaks were convicted in the Crown Court for manslaughter by gross negligence of four people who were tragically lost their life in the fatal accident claim.
It is reported that both the owner and the chief mechanic could face significant lengthy custodial sentence.
The scale and tragic consequences following the fatal road accident with the lorry is that four people had lost their lives including a little girl who was only four.
Our sincere condolences go out to all the families and friends of those that have been involved in such a needless and tragic fatal road accident.
Intoxicated, drunk behind the wheel of a tractor on a private land a 52 year old man was convicted of causing the death of a young child.
It is said that the tractor driver consumed the equivalent to 13 pints of beer the night before the tragic fatal accident claim.
It is claimed that The Times Newspaper that the tractor driver could not be prosecuted for the boy’s death because the tragic fatal accident happened on private land due to a legal loop hole.
Criminal System Let Down By The Family?
Causing death by dangerous driving or causing death by careless driving or under the influence of drink and drugs on a public road can bring about the maximum sentence of up to 14 years imprisonment. However such a penalty is for motorised propelled vehicles like motorcars, motorbikes, trackers are where the fatal accident claim is on a public road.
Here the unfortunate and tragic fatal accident occurred on private land and thus not covered under the maximum penalty of the criminal legal system.
The criminal legal system would let down families whose loved one has been killed in such tragic circumstances. The law has not been updated for many years. Someone who is killed by a motor vehicle on a public or private road must face the same penalty and the full force of the law.
What about the Civil Courts, will they be of any use to families who have loss a loved one in similar circumstances.
As it stands, it is the view of the fatal accident solicitors that whilst compensation will be payable to the family left behind it is a paltry sum. A parent(s) may be able to obtain a bereavement award and the return of the funeral expenses and the cost of a headstone.
Such awards frankly are an insult. Like the criminal legal system the law has not been changed for many years.
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.
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
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.
|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.
|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.