Archives

Archives

Police Charged for Dangerous Driving

Can the police be charged with causing death by dangerous driving or causing death by careless driving during an emergency 999 call?  The answer is, as you would expect, ‘it depends on the circumstances.’  If the police were found guilty of causing a fatal accident then the dependents of the deceased can claim compensation.

During a high speed chase or a 999 call to come to a burglary or road traffic accident, the police are no different and are subject to the law despite the circumstances.

Death by careless driving brings lesser charges than death by dangerous driving as you would expect but any such charges brought against a police officer may not only mean a possible jail sentence but a loss of his or her job as a police officer.  The result can therefore be devastating in addition to the guilt and psychological trauma giving rise to the accident.

But can one split second decision mean the difference of life or death, innocence and guilt?  It will depend on the circumstances and facts of the case.  Certainly the urgency of the call or the event will be taken into account and the risk that the office put himself or herself applied in the circumstances.

Thus the need for high speed to attend a possible fatal car accident or crime being committed has to be balanced with the need for the officer, whilst traveling to the scene to make sure that the police officer does not take unnecessary risks.  The obvious one that springs to mind is failing to stop at a set of traffic light where the light is on red at speed.  One would expect that the officer would slow down to ensure that the road was clear rather than carry on at speed through the junction without checking whether it was safe for the vehicle to proceed.

Ambulance and Fire Service are Subject to the Same Rules

The law is not restricted to the Police the ambulance service and fire brigade are subject to the same law.  Without it applying to the emergency services could mean that innocent by standers are killed or seriously injured which will result in further harm and misery to others.

Fatal Car Accident Claims – Marijuana

Tragically it is not just human error, a split second wrong decision or complete and utter carelessness or recklessness that may cause a fatal road accident claim for compensation but what the driver does before getting behind the wheel.

The issue is drugs in society and seemingly freely available to many youngsters who drive today.

A recent study that the fatal accident claim solicitors blogged about earlier reported on a study by the Highway Safety Association which as reported that there are more fatal road accident claim due to drug taking than alcohol.

We reported that whilst this study was based on information from America, it is often the case (or at least is seems to give the impression) that come 10 years time, the UK will follow what the US does.

Cause for Concern – Fatal Car Accidents and Drug Taking?

As fatal accident claim solicitors specialising in this area, we consider that what happens in America will happen in the UK.  The report suggests that there were over 35,000 deaths due to road accidents.  A third of those drivers who died behind the wheel tested positive for some form of drug taking.

Marijuana – The Drug for Drivers?

The drug that most drivers that were killed behind the wheel in a fatal car accident claim had taken marijuana in some form or another. The next most common drug was amphetamine which showed up in about 9% of those deaths.

Should Marijuana be Legalised?

The report suggests that the rise in the number of fatal car accident claims due to drug taking coincided with the legalisation of the drug for recreational or medical use in more than 50% of the states in America.

The are calls in the UK for this drug to be legalised and perhaps this is one form of evidence that suggests that before we consider going down this road, more studies and safeguards should be considered.

Suspicion of Death by Danger Driving in Liverpool

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.

 

 

Fatal Car Accident Claims – Face Jail

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.

Fatal Accident Compensation – Calculate Future Awards (Part 2)

In Part 1 fatal accident solicitors considered the general complex issues of how calculating future awards for lump sum compensation for a fatal accident or fatal disease can be complex.  Needless to say, once again, as fatal accident solicitors specialising in this area in addition to serious life changing injury claims, the future calculation for compensation leaves the victims, in our view under compensated.

Why?  It is all down to how the large discount is applied to future lump sum compensation awards for a fatal accident or serious life changing injuries.  The discount applied applies on the award of the compensation so as not to ‘over compensate’ the dependents or victim of a life changing injury claim.  Thus to use an similar example, if the dependents or personal injury victim sustaining serious injury claim is valued at say £100,000 over a period of 10 years, if that amount was put into stocks and shares over a period of 10 years, there is a chance that the investment will grow over time and thus the net value would be more than the £100,000.  This is unfair and has been attacked as the returns may not be significant or at all as there is a chance there could be heavy losses.

‘Victims and families whose loved one have been killed in a fatal accident or sustained a serious life changing injury have been under compensated for years…’ 

[Author Ronnie Hutcheon, Principal Solicitor of R James Hutcheon Solicitors]

Fatal Injury Bereavement Award

Thus the dependents compensation for a fatal accident or the victim of a serious life changing injury claim are being under-compensated and have been over many years.  Further the Conservative Government has also since April 2013 not only reduced solicitor costs if they win a compensation claim for fatal accident or injury but now solicitors are forced to take up to 25% of the victim’s compensation award.  Thus to say that the aim of compensation is to put the claimant victim in the same financial position but for the death or accident is a misnomer.

Uee of the Ogden Table To Compensate Fatal Accident Claimants

The Ogden Tables are used by fatal accident solicitor and personal injury solicitor who specialise in life changing injuries where the future awards of compensation have to be considered.  Here we will discuss only fatal accident compensation claims due to the recent important case of Knauer v MOJ by the Supreme Court in 2016 increased compenstion following the unalwful killing of a person in an accident by just using the Ogden Tables in the way they were intended.  Had the Courts used the Tables correctly it would have stopped thousands of bereaved families whose fatal accident compensation claims were settled by their Solicitor or the Courts over many years.

Teenager Lost Control of Vehicle

Teenager Lost Control of Vehicle

A 20-year-old male lost his life in a road traffic accident due to losing control of his vehicle causing him to crash into a vehicle before hitting tree’s on the opposite side of the road.

It is believed the deceased was travelling on a large stretch of road on the right side of the road when witnesses believe to have seen the vehicle becoming out of control and snaking onto the opposite side of the road.

The vehicle in which the deceased crashed into filled with smoke and the deceased’s car flipped over coming to a standstill in trees.

It is believed witnesses stopped at the scene of the accident and tried to open the door of the deceased’s vehicle, when they eventually got it open they could not find a pulse.

Emergency services were called and the deceased was pronounced dead at the scene of the accident.

In the coroners court it was confirmed the young driver died due to head injuries due to a road traffic collision.

#BrokenHeart
#BrokenHeart

Fatal car accident statistics

The number of fatal road accidents in Britain for 2007, according to the Department of Transport, fell by 7% from 3,172 in 2006 to 2,943. The number of non-fatal serious injuries on the road was 30,720. There were 247,780 road casualties. The number of fatal accidents among car users were 1,431 and non-fatal serious injury accidents 11,536.

What can I claim?

Questions - Contact Us

Not everyone connected to the deceased can claim compensation. The law limits the type of people who can claim. The word “family” and “dependants” are used to describe close family ties with the deceased such as children, wife or husband as this group of family members are often the most affected in a fatal accident claim and usually “dependant” upon the deceased.

Therefore the person(s) who can claim on behalf of the deceased are those close family members who were in some way “dependant” upon the deceased before and at the time of death which include:

  • Widow/Widower
  • Deceased’s infant children
  • Parents of the deceased
  • Any person who was living with the deceased as husband or wife immediately before the accident and was doing so for at least two years prior to the accident

No Win No Fee No Solicitors

For further reading on fatal car accident please click onto the following links on our fatal accident web site:

Young Driver Died Swerving from Oncoming Vehicle

Young Driver Died Swerving from Oncoming Vehicle

It is believed the young driver was travelling along a large stretch of road when he seen in his distance a vehicle travelling towards him so he quickly swerved and hit a heavy goods vehicle to avoid a head on collision which resulted in him losing his life.

An investigation to place in which it was founded that the driver of the Nissan Juke was indicating to turn left off a side road when he seen the deceased vehicle spin off and then hit the HGV truck.

As a result of the accident, a post-mortem took place in which it was found that the deceased sadly lost his life due to multiple injuries to his body as a result of a road traffic accident.

Pain and suffering due to a fatal car accident

Nobody can put a cost on the death of a loved one following a fatal car accident. The personal tragedy, pain and suffering is immeasurable. The number of deaths on the Road is around 3,000 per year.

#BrokenHeart
#BrokenHeart

Sympthetic advice

Here at R James Hutcheon Solicitors we do understand that compensation is often a secondary thought, but making a claim helps maintain financial stability and relieve the financial worry and stress that comes with losing a loved one especially if they were the main “bread winner.”

No Win No Fee No Solicitors

There are a number of things family or loved ones of the deceased can claim for following a fatal car accident, for example:

Questions - Contact Us

The above is subject to the relation to the deceased, for more information please do not hesitate to contact one of our highly experienced solicitors to discuss your query.

Teenager Lost His Life Due to Fatal Car Accident

Teenager Lost His Life Due to Fatal Car Accident

19-year-old has died when he lost control of his vehicle and struck the side of a house nearby were the deceased lived. It is believed there was also four passengers in the vehicle at the time of the accident in which they managed to free themselves from the smoking vehicle.

The deceased suffered fatal injuries in the crash and also left one of his passengers seriously injured.

A witness to the accident advised that he heard a car come up behind him, in which he believed to have been accelerating hard and was hitting a high speed when the vehicle then skidded, hit a kerb and hit the side of a house.

It is believed the deceased was transported to hospital by emergency services were he then later died.

A coroner’s inquest concluded that the deceased died as a result of a road traffic accident.

#BrokenHeart
#BrokenHeart

Fatal Car Accident and Compensation Claim Solicitors

Here at R James Hutcheon Solicitors we understand that nobody can put a cost on the death of a loved one following a fatal accident. The personal tragedy, pain and suffering is immeasurable. It is believed the number of deaths on the road amounts up to around 3,000 per year.

Compensation for fatal car accident may often be a secondary thought, but making a claim helps you maintain financial stability and relieve the financial worry and stress that comes with losing a loved one.

Questions - Contact Us

Who can claim?

Not everyone who was connected to the deceased can claim compensation, the law limits the type of people who can claim. Please find below a list of people in who can make a claim for compensation:

  • Widow/Widower
  • Deceased’s children (if below 18)
  • Parents of the deceased
  • Wife/Husband who was living with the deceased for at least two hears prior to the accident.

“What are your charges?”

No Win No Fee No Solicitors

If you are wondering about costs for legal advice, you have nothing to worry about if you come with us due to us working on a No Win, No Fee basis which means if we do not win your case you do not have to pay us anything.

Contact one of our specialist solicitors we have over 27 years of experience in handling fatal accidents cases.   There are time limits to claim compensation for fatal car accident so please don’t leave it too late.

Father of Three Dies in Fatal Car Accident

Father of Three Dies in Fatal Car Accident

A father-of-three died at the scene of a fatal car accident which involved the deceased’s car and another vehicle.

It is believed the deceased was over taking at the time of the accident which was a result of this fatal accident just moments after dropping his children off after a fun filled day.

#BrokenHeart
#BrokenHeart

The deceased was driving a Ford Focus on a long stretch of road when he moved to overtake a grey Toyota Corolla when he collided with a Volkswagen which was travelling on the opposite side of the road that resulted in them colliding head on and rolling over and coming to stop in a field.

The driver of the Golf suffered minor injuries, but unfortunately the father-of-three died at the scene of the accident due to fatal head injuries.

Fatal Car Accidents and Claim Solicitors

Here at R James Hutcheon Solicitors we understand that nobody can put a cost on the death of a loved one following a fatal car accident. The personal tragedy, pain and suffering is immeasurable. It is believed the number of deaths on the road amounts up to around 3,000 per year.

“What are your charges?”

If you are wondering about costs for legal advice, you have nothing to worry about if you come with us due to us working on a No Win, No Fee basis which means if we do not win your case you do not have to pay us anything.

No Win No Fee No Solicitors

Contact one of our specialist solicitors we have over 27 years of experience in handling fatal accidents cases.   There are time limits to claim compensation for fatal car accident claim so please don’t leave it too late.

26 Year Old Died Colliding with a Central Reservation

26 Year Old Died Colliding with a Central Reservation

It is believed the deceased was travelling along a dual carriage way speeding at more than 100 mph in his Mercedes when it collided with a barrier in the central reservation.

The deceased was travelling with three passengers which was all injured but survived the horror car crash.

The deceased was driving at speed when the car hit the concrete support, it rolled on its side and then on its roof causing it to slide down the road at estimated speeds of between 87mph and 99mph which eventually came to a stop 250 metres from the initial collision with the car on its roof and facing the way it was travelling before the accident.

#BrokenHeart
#BrokenHeart

Witnesses attended the scene and rang emergency services.

The deceased received CPR at the scene of the accident but they was unable to save his life, the other three passengers were transported to hospital.

The coroner concluded this incident was due to an accident in which the 26-year-old sadly lost his life.

The deceased suffered multiple injuries to his head, abdomen, pelvis and limbs and was pronounced dead at the scene of the accident.

Fatal Car Accident Compensation Claims

No Win No Fee No Solicitors

Nobody can put a cost on the death of a loved one following a fatal road traffic accident, the personal tragedy, pain and suffering is unexplainable.

At R James Hutcheon Solicitors we do understand that compensation is often a secondary thought but making a claim helps maintain financial stability and relieve the financial worry and stress that comes with losing a loved one.