According to road safety charity Brake, approximately five people a day are killed by dangerous driving in the United Kingdom. if you have lost a loved one in a fatal road traffic accident, this guide discusses if you could make a death by careless driving compensation claim.
We explain the eligibility requirements that need to be met, who can make a fatal accident claim, and what for. Following this, we explain what evidence could be gathered and the time limit in which the claiming process must be started within.
Furthermore, we also explain the different forms of compensation that could be awarded and how this may be calculated.
Finally, we share how one of No Win No Fee solicitors could help with the claiming process.
Contact our advisors today with any questions you may have by:
- Calling on 0800 073 8804.
- Filling in our claims form.
- Using our live chat
Choose A Section
- Who Is Eligible To Claim Compensation For Death Caused By Dangerous Driving?
- How To Start A Death By Dangerous Driving Claim
- Common Causes Of Fatal Car Accidents
- How Much Death By Dangerous Driving Compensation Could Be Claimed?
- Why Choose Legal Expert For Your Claim?
- More Information
Who Is Eligible To Claim Compensation For Death Caused By Dangerous Driving?
Anyone who uses the roads has a duty of care to use them safely. They must follow the regulations and rules in the Road Traffic Act 1988 and the Highway Code to adhere to this duty.
If someone is driving carelessly, this could lead to a road traffic accident that could be fatal.
All death by careless driving compensation claims need to meet the following eligibility requirements:
- A duty of care was owed by a road user, such as a driver.
- They breached this duty.
- This lead to a fatal road traffic accident.
Following a fatal accident, under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can make a claim for their fatal injuries (compensated under general damages) and any associated financial losses (compensated under special damages). Additionally, they can make a claim on behalf of the deceased’s dependents.
It is important to note that they are the only party who can begin a claim within the first 6 months following the death.
If, after these six months, no claim has been made on their behalf, the dependents can make their own claim for how the death has affected them, as per the Fatal Accidents Act 1976 (FAA).
Who Qualifies As A Dependent?
Under the FAA, the following relatives qualify as a dependent:
- Wife, husband or civil partner (including former)
- A parent or someone treated as one, such as a stepparent
- A child or someone treated as one, such as a stepchild from a current or former relationship.
- Someone who lived with the deceased for 2 years exactly prior to their death as spouses.
- The aunt, uncle, brother, sister or uncle of the deceased.
To see whether you could make a death by careless driving compensation claim, contact our advisors.
How To Start A Death By Dangerous Driving Claim
There are certain steps you need to be aware of when making a death by careless driving compensation claim following the death of a loved one. We have set these out below.
Gathering Evidence To Support Your Claim
Evidence will need to be presented when making a fatal accident claim. This will need to prove how the accident occurred, who was responsible and what fatal injuries were suffered.
Examples of evidence that could be used include:
- The contact details of witnesses who saw the accident happen
- CCTV footage or dashcam footage that shows what happened.
- The findings of a post-mortem or inquest.
- Photographs of the accident scene.
- A copy of the police report from the accident scene.
Time Limits – How Long You Have To Begin A Claim
For all fatal accident claims, the time limit is generally 3 years. This can be:
- 3 years from the date of death.
- 3 years from the date of knowledge. This can be formed from the date of an inquest or postmortem.
Considering A No Win No Fee Agreement
If you contact our advisors, they could connect you with one of our solicitors. Our solicitors offer their services under a No Win No Fee agreement known as a Conditional Fee Agreement.
With this in place, you will not need to pay for their services:
- Prior to the claim starting.
- As the claim is ongoing.
- If the claim is not successful.
A success fee will be taken from the compensation awarded if the claim is a success. The law limits the percentage your solicitor can take as this fee.
Will I Need To Go To Court?
Generally, the majority of claims are settled without needing to go to court. However, there may be situations where a claim does need to progress to court. Some examples of factors that could mean a case needs to go to court include:
- The types of fatal injuries suffered.
- If liability is being denied.
- If a compensation settlement cannot be agreed upon.
How Long Can It Take To Receive Compensation
There is no set time frame for how long it will take for a claim to settle and for compensation to be awarded. Factors that could influence how long the claim takes to settle include:
- How many and the types of fatal injuries suffered.
- How long it takes to gather evidence.
- Whether a compensation settlement can be agreed upon.
- Whether the case needs to go to court.
If you have any questions about death by careless driving compensation claims, you can contact our advisors.
Common Causes of Fatal Car Accidents
There are various ways in which a fatal car accident could occur. Some examples include:
- A road user is driving under the influence of drink or drugs, resulting in a fatal crash.
- A speeding motorist is unable to come to a stop in time, causing them to crash into cars waiting in traffic on a motorway, leading to fatal injuries.
- A driver runs through a red light at a junction, causing a fatal car crash.
If you have lost a loved one and are wondering whether a claim for death by careless driving compensation could be made, you can contact our advisors.
How Much Death By Dangerous Driving Compensation Could Be Claimed?
As previously mentioned, the estate of the deceased can make a claim on behalf of the deceased’s general and special damages.
General damages could be calculated by referring to the Judicial College Guidelines (JCG). Within this publication are compensation guidelines for various severities of injuries.
We have used some of these for the following table. Please note, that the first entry does not come from the JCG.
| TYPE OF INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Fatality Plus Add On Claims | Compensation for the deceased's pain and suffering, financial losses and dependency payments | Up to £550,000 and over |
| Paralysis | Tetraplegia (also known as Quadriplegia) | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 | |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Injuries Resulting in Death | Full Awareness | £15,300 to £29,060 |
What Other Compensation Could Be Claimed?
Other forms of death by careless driving compensation that could be claimed include:
- Funeral expenses.
- Dependency payments – loss of the deceased’s earnings, both past and future.
- Loss of services – e.g. if the deceased provided childcare or help around the home. However, these losses need to be quantified by a solicitor. They can cover both past and future losses.
- Loss of consortium/loss of a special person – this covers things like loss of companionship or the impact on a familial relationship.
Additionally, under the FAA, certain relatives can also qualify for a bereavement award. This is set out as a lump sum of £15,120.
This amount is split if more than one person claims. It can be awarded to:
- A civil partner, wife or husband
- Someone who lived with the deceased for 2 years prior to their death spouses
- The parents if the deceased was an unmarried minor (or the mother if they were born outside of wedlock)
If you have any questions regarding how compensation may be awarded for fatal accident claims, you can contact our advisors.
Why Choose Legal Expert For Your Claim?
If you are looking to make a death by careless driving compensation claim, one of our expert solicitors could help guide you through the entire claims process. Soem of the steps one of our solicitors could help you with include:
- Help with gathering evidence.
- Negotiating a compensation settlement.
- Communicating with the defending party.
- Ensuring the claim is filed within the time limit.
Additionally, they can also offer their services on a No Win No Fee basis, as we mentioned previously.
Finally, the fact we operate on a No Win No Fee claim basis will help to lessen both the mental and financial burden of making a claim.
If you have any questions, you can contact our advisors by:
- Calling on 0800 073 8804.
- Filling in our claims form.
- Using our live chat
More Information
More compensation claims guides by us:
- Learn about claiming compensation for wrongful death.
- See whether you could claim if you were injured in a car accident.
- Advice on claiming after a fatal motorcycle accident involving a loved one.
Additional resources:
- Find out where to get help following a bereavement with the NHS.
- Learn when to call 999 from the NHS.
- Learn more about road safety laws with Think!
Thank you for reading our guide on death by careless driving compensation claims.
