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Lorry Driver Watching TV Causes Death

A lorry driver has been charged with causing death by dangerous driving when it is alleged that he was watching television at the time of the collision.

The lorry driver drove into the rear of the vehicle the deceased was driving when it is thought he was watching television.

The lorry driver has denied causing death by dangerous driving but has agreed to a lesser charge of causing death by careless driving.

Compensation Death by Dangerous Driving

 

 

 

 

 

 

 

 

Google Searches Reveal Watching Television while Driving

The prosecution in a trial has informed the court that the lorry driver had made two Google Searches on his phone in his cab revealing the possibility that shortly before the tragic collision that he may have been watching television hence the charge of causing death by dangerous driving.

At the court hearing it was said:

“There was clearly inadequate distance between the car and the lorry and insufficient time to stop.”

The court was told that the lorry driver was looking downwards for an “extended period” and was not paying attention to the road.

“There was no hope at that point to stop in time and avoid a collision,” the lorry driver’s actions were “inevitably dangerous”.

The lorry driver is said to have admitted that he“fell short” of the required standard but added: “The Crown say the driving was much worse than that and fell far below.”

The trial continues, reported in The Times

Compensation for causing death by dangerous driving?

If you or your family have been affected by this article and require legal advice please do not hesitate to contact our legal team who will advise you of your legal rights and help you through the legal paper-work required.

Further reading please click on the following links:

Causing death by dangerous driving

Causing death by careless driving

Fatal Accidents Act 1976

 

 

Fatal Accident Claims – Uninsured Driver

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).

Fatal Accidents Claims - The Law

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.

 

Drink Driving Killer Gets 8 Months In Jail

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.

Life Sentence Death by Dangerous Driving

Life Sentence Death by Dangerous Driving

Causing death by dangerous driving may now attract a life sentence even if you are using a mobile phone.  It is not known if the use of a mobile phone will attracts such a sentence if it is in hands-free mode.

Fatal accident claims

Current Sentence for Death by Dangerous Driving

At the present time the current sentence for causing death by dangerous driving is 14 years but the adverse jail term is just 46 months.

In a consolation paper by the Government, it is mooted that the jail term should be increased from 14 years to life.

In addition to increase the maximum punishment for causing death by careless driving while driving under the influence of of drink and drugs again from 14 years to life.

Creation of New Offences of Causing Fatal Car Accident Claims

Further the consolation paper is considering the creation of new non-fatal car accident claims such as causing serious injury by careless driving with a maximum sentence of 3 years, and increasing the minimum driving ban for drivers convicted of causing death.

In 2015 there were 122 sentenced for causing death by dangerous driving and 21 convicted of causing death by careless driving while under the influence.

 

 

Help When You Need It Most

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.

In such cases that are simply reckless at to life the most common types of fatality relate to causing death by dangerous driving.

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.

Fatal Accident At Work?

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.

Further Reading from Fatal Accident Solicitors

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.

Not Guilty – Causing Death By Dangerous Driving

Not Guilty – Causing Death By Dangerous Driving

In a tragic accident that killed a motorcyclist in Wales a Jury found that the lady driver of a motor vehicle not guilty to a charge of causing death by dangerous driving.

The details of the charge of death by dangerous driving charge is reported in the Daily Mail.

The driver was 7 months pregnant at the time and the jury cleared her of driving at a speed

but the Jury cleared the woman after just 5 minutes of deliberation.

She told police: ‘I’m utterly devastated by what happened. I will have to live with this for the rest of my life.’

The prosecution accepted from the very outset that by driving at that speed, the motorcyclist himself was not driving safely and his driving fell below the required standard and that by his actions the driver was not provided with a reasonable ‘opportunity of reacting to his presence on the road.’

Read more: http://www.dailymail.co.uk/news/article-3743325/Pregnant-driver-cleared-causing-death-careless-driving.html#ixzz4HZq5B2xC

Fatal accident claims

Being charged by causing death by dangerous driving even if innocent can be a very stressful time.  Specialist criminal solicitor will be abel to look at the evidence and test the CPS (police) case against the driver charged with the offence.

Our specialism, however as fatal accident claim solicitors is to represent the family who has lost of the life of a loved one. We will also liaise with the police to establish the qualify of the evidence to see if a civil claim (not a criminal claim) can be met against the opposing driver or cyclist etc.  If so, we can take the driver or rider to court and claim fatal accident compensation for the family members left behind.

Death by Dangerous Driving Some Factors

Causing death by dangerous driving carries a heavy burden on a jury to establish if the defendant was driving a vehicle dangerously thereby giving rise to a potential charge for manslaughter.

Most people will consider death by dangerous driving is where (usually a young male driver) driving a highly powerful motor vehicle at speed, losing control and tragically killing another.

This typical profile often results in the passengers in the vehicle being killed or seriously injured and or other drivers or pedestrians.  In such circumstances it is a much clear cut decision that the Court or Jury will have to make to determine if the fatal car accident was as as result of causing death by dangerous driving.

But what of other cases that are not so clear cut.  Here are just two difficult examples.

Car Racing?

Say in this example, there are two motor cars and one is trying to get the other driver to have a race on a public road.  Initially the other driver (driver 2) is reluctant but then his passengers convince him to get involved in the race.  Then they have a race but before the fatal car injury, driver 2 gives up and decides to pull out of the race.  Say 15 seconds or so later, driver 1 continues with his victory race and unfortunately crashes his car killing himself and possibly others.

The question here is whether driver 2 can be convicted of causing driver 1’s death by dangerous driving.  One could argue he has contributed to the death by racing with driver 1 and they were on a joint enterprise.  In driver 2’s defence, however, the solicitor acting for his/her defence could argue that the race was controlled by him and it was driver 1’s fault as just before the fatal car accident there was no race between them and the fault was simply due to driver 1 losing control of his vehicle.  A very difficult question.

Car Accidents

In another example, for instance, what if a motorist dangerously drove his vehicle and caused a collision to the extent that there was extensive damage and debris on the road.  Another vehicle fails to see the debris in time, swerves and crashes his car and subsequently tragically killed.

Can it be said that the motorist who was driving dangerously that caused the other motorist to crash his car be convicted of manslaughter by causing death by dangerous driving?

It will be a matter of the Court/Jury to decide, but as can be seen in these two simple but tragic examples, it is not always the young male driver, dangerously losing control of his vehicle causing the fatal car accident; it can relate to a more complex set of facts which five rise to difficult decisions.

Compensation

As fatal accident compensation solicitors we offer a wide-ranging legal service to help families who have been affected by the loss of a loved one following a fatal road accident.  We will help you every step, including all the paper-work, advice at the inquest and coroner’s court, assistance with the police concerning the prosecution of the defendant and ultimately compensation that may be due as a result of the tragic fatal car accident.

Contact the fatal accident claim solicitors now.

 

 

Causing Death by Dangerous Driving

Causing Death by Dangerous Driving

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.

Fatal accident claims

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.

Will it Result in a Manslaughter Conviction?

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 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.

Fatal Car Injury - Contact Us

Advice and assistance is available under a no win no no fee solicitor service so you have nothing to worry about when instructing us.

Hit and Run Accident – Death by Dangerous Driving

A tragic fatal accident has occurred when a pedestrian was struck in Manchester causing fatal injuries.

The Police have reported that the pedestrian was in his early 50’s and whilst taken to hospital following the fatal hit and run accident unfortunately died from the tragic collision.

Man Arrested Following the Fatal Hit & Run Accident

It is reported in the ITV News “Man arrested after fatal hit and run accident in Salford‘ Section on their website that the vehicle that struck the pedestrian failed to stop after the collision.  The vehicle was found, however, and a man in his mid-twenties was arrested on suspicion of causing death by dangerous driving and failing to stop at the scheme of a fatal accident.

Inadequate Punishment Following Death By Dangerous Driving

As fatal accident solicitors we are not privy to any further information surrounded the tragic death on an innocent pedestrian.  But once again, where is the justice in the UK when a bereaved family lose a loved one on our roads to due death by dangerous driving?

Generally speaking, if a person is charged and convicted by death by dangerous driving the punishment is not a deterrent by any stretch of the imagination.

Many of the bereaved families and friends consider the charges to be in insult leaving a deep unforgiven feeling that the Justice has let them down.

According to the Government, a fatal car accident figures indicated only 3 to of 5 drivers are convicted and the average length of time behind bars is just 4 years.

Drivers Who Kill and Seriously Injure Should Face Greater Punishment

Not only punishment by the Courts but also in compensation.  The driver who has caused the heartache due to death by dangerous driving will either be insured or the bereaved family will be able to obtain some compensation from the Motor Insurance Bureau.  Compensation for death by dangerous driving is often inadequate in any event, just like the punishment of the driver who kills behind the wheel but it helps relive some of the financial pressure during the grieving process to stop the family getting into debt or losing their home because they cannot pay the mortgage or rent.

Help When You Need It Most

If you have lost a loved one following a fatal accident either on the road, at work or due to a medical mistake, we are here to help you every step of the way.  Expert legal support and advice.  For more information on death by dangerous driving or general support please contact the fatal accident claim solicitors.

Police Officer Not Guilty of Death by Careless Driving

A tragic accident happened between a police officer driving a vehicle on an emergency call resulting in fatal road injury claim.  The police officer was driving his vehicle at over 30 miles per hour above the 40 miles per hour speed limit on the road in wet conditions.

With regret and  resulting in tragic consequences, the police vehicle collided with another vehicle containing two occupants.  One of the occupants died from the multiple injuries and the other passenger of the vehicle sustained a facial fracture.

Police Investigation Into The Fatal Road Injury Claim

It was found by the Independent Police Complaints Commission that the police officer had lost control when driving his vehicle on a bend which then collided into the on coming car where one occupant was tragically and fatally killed.

Pc Thomas Hart, 27, was acquitted following a four day trial at Teesside Crown Court.  The IPCC thought there was sufficient evidence to charge the police officer for death by careless driving.

However the Crown Court that head the evidence found that there was insufficient evidence and thus he was found not guilty of causing death by carless driving.

The IPCC produced a statement:  “This was a terrible tragedy for all involved. My sympathies in particular go out to Aimee Welsh’s family and friends. They have lost someone they loved dearly.”

Death By Careless Driving

In this case although the police officer was found innocent of causing death by careless driving, nevertheless it does not necessarily mean that no compensation claim for the death can be made.  As fatal accident solicitors, we were not involved in this most unfortunate case but anyone who has been involved in a similar circumstance will be advised that a fatal injury compensation claim can be made through the civil Courts.

In the above case, the Police officer was being charged with death by careless driving in the Crown Court, i.e. by the Crown Prosecution Service and if found guilty may got to jail.  In a Civil compensation claim, anyone acquitted by the Crown Court of causing death by carless driving can still be made to pay compensation for the fatal injury claim as the standard of proof is less than in the Crown Court.