How Do You Claim Compensation For Death By Dangerous Driving?

If a loved one has died in a fatal road traffic accident the news could be even more devastating if their death was caused by dangerous driving. Claiming compensation for a death by dangerous driving may not be your first consideration.

However, making a compensation claim can help with financial pressures, which may be brought about by the death of a loved one.

In this guide, we discuss how you could make a death by dangerous driving compensation claim if your loved one was killed in an accident. We look at what dangerous driving is, when you could make a fatal accident claim, how compensation may be calculated, and the evidence that could support your claim.

If you have been affected by a death caused by careless driving, please contact us for a no obligation fatal accident claim consultation.

• Talk to our team by calling 0800 073 8804.
• Begin your claim online.
• Use our live support service.

Browse Our Guide

• What Does Death By Dangerous Driving Mean?
• Can You Claim Compensation For Death By Dangerous Driving?
• How Much Fatal Accident Compensation Could Be Awarded?
• What Evidence Could Be Used In A Fatal Car Accident Claim?
• Contact Us To See If You Can Claim Compensation For Death By Dangerous Driving
• Read More About Fatal Injury Claims

What Does Death By Dangerous Driving Mean?

Whilst you are using the road as a driver, cyclist or pedestrian crossing the road, you are owed a duty of care by other road users. They must use the road in a manner which is safe and responsible, adhering to the regulations and rules as set out in The Road Traffic Act 1988 and The Highway Code. If another road user failed to meet their duty of care, you could claim for fatal injuries caused by them.

The Crown Prosecution Service gives guidance on driving offences, including what constitutes dangerous driving.

Examples of dangerous driving may include;

• Driving aggressively or speeding.
• Driving through a red light or otherwise ignoring road signs.
• Being intoxicated whilst driving, such as under the influence of alcohol, drugs or medication.
• Driving whilst distracted, such as using a smartphone.

How Often Is Death Caused By Dangerous Driving?

Taking the latest government statistics on reported road casualties we can see that in 2023 there were estimated to have been 1,645 fatal road accident casualties. This is a decrease of 4% from 2022.

For further information on whether you could make fatal car accident claims for wrongful deaths caused by dangerous drivers, contact our team.

Can You Claim Compensation For Death By Dangerous Driving?

If a loved one has been killed in an accident, you could be able to claim compensation. To do so, you need to satisfy the eligibility criteria. The basic criteria to claim for death caused by dangerous driving are that:

1. The defendant caused the accident by driving dangerously or carelessly, thus breaching their duty of care as a road user.
2. That this dangerous driving caused the death of a loved one.

Further, fatal accident claims must follow the relevant claims process. The estate is the only party that can claim compensation for the deceased’s pain and suffering. This is set out in the Law Reform (Miscellaneous Provisions) Act 1934.

Following this, the Fatal Accidents Act 1976 (FAA) makes provisions for specified dependents of the deceased to claim compensation. In the following sections we look at types of fatal accident claims and when you could claim compensation for death by dangerous driving.

Dependency Claims

Specified parties who were financially dependent on the deceased for income could make a dependency claim following a fatal road traffic accident. How much compensation may be awarded could depend on factors such as the deceased’s income and any additional workplace benefits.

Dependency claims may be made by:

• A current (or former) spouse or civil partner,
• Someone who lived with the deceased as a spouse or civil partner for two years or more prior to the death.
• Biological or adopted children as well as children through marriage, or civil partnerships.
• Ascendants such as parents – those treated as such by the deceased.
• Siblings, aunts, uncles.

To make a dependency claim following a car accident in which a loved one died, you will need to prove that you were financially dependent on them.

Bereavement Award Claims

The bereavement award is a separate payment which is awarded under the FAA. This compensation is awarded separately to other forms of compensation discussed in this guide. The current amount is £15,120.

The bereavement award can only be claimed by certain persons and family members. These are;

• A civil partner or spouse of the deceased or a partner who lived with the deceased as a spouse for two years prior to the death.
• The parents of the deceased if they were an unmarried minor.

The award is split equally.

Financial Expenses Including Funeral Expenses

In addition to the types of compensation above, you could also claim compensation for financial expenses. These may include;

• Funeral expenses.
• Loss of service if the deceased helped with tasks such as DIY around the home or childcare.
• Loss of consortium. This covers the loss of a special person, accounting for loss which can not be quantified financially in other categories. It may cover aspects such as the impact on a family.

These losses may be harder to quantify. A trained solicitor could help to assess what damages you may be owed. For more information on claiming compensation for death by dangerous driving please contact us.

How Much Fatal Accident Compensation Could Be Awarded?

How much compensation for deaths caused by dangerous driving may be awarded will vary from case to case. As such, there is no average compensation for death by dangerous driving, such as when a pedestrian has been hit by a car.

The estate of the deceased can claim compensation for the pain and suffering of the deceased; this would be awarded under general damages. General damages are assessed using the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for different types of injuries and illnesses at various levels. The JCG also covers awards for injuries that lead to death, such as in death by careless driving claims.

The table below shows examples of these guideline brackets. The figure in the first row is not from the JCG.

The estate can also claim special damages as part of the fatal accident claim. This covers financial costs and losses suffered by the deceased between the accident date and their death. It can cover expenses such as loss of earnings, care costs, and travel expenses.

Our team can assess a death by dangerous driving compensation claim. Find out what you may be eligible to claim by contacting us.

What Evidence Could Be Used In A Fatal Car Accident Claim?

Whether you are making a fatal car accident claim, for a fatal bike accident or claiming for other types of fatal accidents on the road, you need evidence which can prove that the defendant owed you a duty of care and negligently breached this.

For a dangerous or careless driving claim you need to show that the other driver did drive carelessly or dangerously and that this directly caused the death of a loved one. Evidence could include;

• A coroner’s report which sets out the cause of death.
• Reports from police investigations into the incident. The police will investigate the incident.
• They may use CCTV footage, witness statements or dashcam video.
• Any other photo or video evidence which shows the cause of the incident.

Collecting evidence is an important part of the fatal accident compensation claim process. Contact us to learn how a solicitor may be able to help you.

Contact Us To See If You Can Claim Compensation For Death By Dangerous Driving

At Legal Expert our solicitors are experienced in helping people to make a variety of different fatal injury claims. Our team understands that claiming compensation following the death of a loved one can be a complicated process. As such, they will help every step of the way and do as much as possible to ensure that you are able to focus on your grief.

We could offer to take your claim on a No Win No Fee basis. Using a Conditional Fee Agreement (CFA). Under this type of agreement you could claim without the need to either pay upfront solicitors fees or be asked to make payments for their services during the claims process.

If your claim is successful, you are charged a success fee. How much may be charged is legally limited, so you keep the majority of your settlement. If you are not successful, there is nothing to pay for the solicitor’s services.

To get help claiming compensation for death by dangerous driving, please contact our team. You can do so by;

• Calling us now on 0800 073 8804.
• Starting your claim online.
• Using our live support service.

We are ready to help with your No Win No Fee road traffic accident fatal injury claim.

Read More About Fatal Injury Claims

Here you can find other resources which could help you claim compensation for death by dangerous driving.

• In our guide to cycling accident claims you can see when you could claim compensation.
• If a loved one has been killed as a passenger in a car accident or fatal cycling accident, you could be able to claim compensation.
• If you have had a car crash on the motorway, find out how to claim in this guide.

Resources

• Information on coping with bereavement from the NHS.
• Learn what to do after a death in this Citizens Advice Bureau guide.
• Information on driving offences from the Police.

We hope our guide to claiming compensation for death by dangerous driving has helped you. For further information or to start a claim, please contact us using the methods above.