How Much Compensation Can I Claim For A Death By Careless Driving?
Car accidents are a serious problem in the United Kingdom. According to the Department for Transport, just under 2,000 fatalities occur throughout the UK annually as result of car accidents and careless driving; over 100,000 traffic accidents were reported to the police during 2016.
Of all fatal road accidents that occur in the U.K. each year, fatalities involving car drivers on the road account for 44% of these fatalities, the rest being made up of pedestrians, motorcyclists, and cyclists who are clearly still at major risk.
If a member of your family has had their life claimed by a fatal car accident caused by careless driving, you could be entitled to receive compensation for death in car accident situations. If you are in this situation and are considering claiming compensation for the death of family member or loved ones, you should read this guide in order to receive the information that you need.
Select a section:
- A guide to claiming for a death caused by careless driving.
- Death by careless driving due to dangerous driving.
- Death by careless driving due to intoxication.
- Death by careless driving due to tiredness.
- Other common causes of death due to careless driving.
- Claiming for a death by careless driving at work.
- Claiming for a death caused by careless driving on public roads.
- Who can claim for a death caused by careless driving?
- What to do if a loved one has been killed due to careless driving.
- What can be claimed for after a death caused by dangerous driving.
- No win no fee death by careless driving claims.
- How much can I claim for a death caused by careless driving?
- How to start a claim for a death caused by careless driving.
- Why choose us as your claims service for a death by careless driving claim?
- Call for free advice and to start a claim.
In this guide, we will provide you with the information that you need to make a truly informed decision about whether or not you should pursue a fatal accident claim after a death caused by careless driving.
The guide will warn you about the potential issues that could arise from your claim, such as a lack of evidence or questions such as “does car insurance pay for death and injuries?”, and the steps that you will need to take in order to make your fatal accident claim.
The guide will also provide you with general information and statistics concerning careless driving, such as the causes and how you should best go about your claim, depending on the circumstances of the particular fatal accident that has affected you. This includes details such as whether the accident occurred whilst the individual was working or driving on a public road.
However, if at any point you want more detailed information than this guide has provided, please do not hesitate to get in touch with our team. Our contact information can be found in the final section. The UK Government publishes full statistics about road traffic accident fatalities each year if you need further information.
The most common cause of a fatal accident as the result of careless driving is willful dangerous driving. ‘Dangerous driving’ is legally defined in the United Kingdom as driving in such a way as to “expose the public to harm or injury.” Common examples of dangerous driving are exceeding the speed limit of a road, overtaking another car without taking the correct precautions, or failing to correctly signal before turning.
One reason behind the common nature of dangerous driving death is how easily standards of driving can slip, especially if one is late or in a rush to get to their destination. For example, if one is late to work in the morning, they may believe it to be safe to exceed the 30 miles-per-hour speed limit on a road, in order to get to work on time.
As the changes in behaviour are incremental and generally unlikely to cause an immediate accident, individuals who drive become progressively more comfortable with dangerous driving until their standards become so lax they cause a fatal accident or severely injure another person.
If the accident that you are claiming for occurred as the result of dangerous driving, the driver themselves may be liable for compensation if they neglected their responsibility to drive safely and abide by the highway code. However, their employer may be responsible if the accident occurred as result of their enforcing of poor standards or enforcement of time pressures that caused employees to drive dangerously, worried that they might lose their jobs.
Another common reason for an individual’s careless driving can be intoxication. While this is commonly associated with alcohol, intoxication can occur as result of alcohol consumption, illegal drug consumption, or as a side effect of an illness or legally-prescribed medication.
Fatal accidents caused by intoxication are usually the result of individuals misunderstanding their limits and tolerances for such substances, or even a lack of knowledge about the effects of ingested substances. This can lead to odd results regarding liability in such cases.
For example, an individual who drives carelessly as result of drinking alcohol prior to driving would be considered entirely responsible for any accident that they caused through said careless driving. However, if an individual is affected by prescription medication and has not been warned about the side effects, the responsibility – and therefore, the liability – may lie with their doctor or pharmacist.
Tiredness is another common cause of fatal accidents as the result of careless driving. This typically occurs as result of individuals underestimating the effect that their tiredness will have on their ability to drive competently, failing to understand the effects that tiredness has upon reaction speeds and situational awareness.
However, there are many other common causes of fatal accidents due to careless driving that should not be ignored. These can include (but are not limited to):
- Becoming distracted is a particularly common cause of such accidents, particularly in relation to the driver’s phone or GPS, as well as other passengers who may be inside the vehicle.
- Driving whilst your vehicle has a fault is another common cause of fatal accidents, as faults can easily become worse without the driver’s knowledge if they fail to have the proper safety inspections of their car on a regular basis.
- Loss of eyesight from injury or illness is a common cause of fatal accidents due to careless driving, especially in individuals over the age of 65. Degenerative eye disorders can affect individuals over a long period of time and, as such, can cause incremental change that is not easily noticeable.
Clearly, many different factors can be involved in a fatal accident. This is why the individual attention that you will receive if you choose our company as your Claims Service is so important; every case is different and if not treated as such your claim may not succeed.
If the fatal accident that you are claiming compensation for occurred when either individual was working, the responsibility for the accident may lie with the employer. If the employer can be considered to be acting negligently, in relation to the health and safety standards that they should be considering, they could be responsible for the accident and the payment of your compensation.
Employers are inherently liable for any accident that occurs as result of their employee’s conduct, especially conduct that results in severe injury or death. However, other related parties such as an equipment supplier or a manager may also be responsible.
For example, if the car accident occurred as result of the individual being untrained in dealing with large vehicles, a service that an employer should at least investigate if not provide themselves, the employer could be considered responsible.
However, if the accident occurred as result of a fault with the vehicle provided to said employer by an equipment supplier, they could be considered to be acting negligently and thereby be responsible for the fatal accident and for paying your compensation.
If the fatal accident caused by careless driving occurred on a public road (as opposed to private property), finding the liable party may be difficult. For example, if the accident occurred in a public place such as a park, the local council could be responsible for the accident.
However, if the accident occurred on property owned by a private individual, such as an industrial complex, the party held potentially responsible could be the private owner. This is as the result of their duty of care towards individuals on their property, even if they are not directly responsible for the accident itself.
The parties that are able to claim compensation as the result of a death caused by careless driving could be more varied than you think. While many people believe that only family members directly related to the deceased can claim compensation, there are actually three legal entities that can potentially claim compensation after a fatal accident:
The first (and most common) legal entity that can claim careless driving compensation is those who were dependent upon the deceased. This includes family members such as children of the deceased, as well as potentially the spouse of the deceased who relied upon them as a source of income.
The second legal entity is the general immediate family of the deceased. This includes children of the deceased who are not dependent upon the income of the deceased but still are closely related to them and, as such, may deserve compensation for the death.
The third legal entity that can claim careless driving compensation is the estate of the deceased. This legal entity can claim compensation to pass on as part of the estate or to settle the estate’s debts. If you would like more information about your right to claim compensation, discuss the matter with a member of our team today.
Knowing what to do after a loved one has been killed due to careless driving can be hard, especially as the result of the emotional trauma which affects those who have lost a loved one. Fundamentally, what you will need to do is gather evidence in order to support your fatal accident claim. As such, our company advises that you follow these steps if you want to make a fatal accident compensation claim:
- Firstly, you will need to gather evidence to prove that the fatal accident occurred. This could include evidence such as witness statements provided by observers of the accident or even CCTV or camera phone footage of the accident occurring. This evidence ensures that the legitimacy of the accident cannot be called into question as part of your fatal accident claim.
- Secondly, you will need to gather evidence to prove the fatal accident occurred as the result of negligence on the behalf of another party. This could include evidence such as a police report of the accident, which could describe the different factors that led up to the accident occurring or evidence that suggests another individual drove in a dangerous manner.
- Finally, you will need to gather financial evidence to prove the extent of damages that you have suffered as the result of the fatal accident. This could involve evidence such as a projected income amount (calculated by an accountant or estimated by yourself) with regard to the previous income of the deceased.
All of these steps are vitally important to your fatal accident claim and necessary if you want to receive the compensation that you deserve for the death of your loved one. Going through these steps is made simpler with the assistance of a Claims Service.
One of the most important aspects of your claim is the amount of compensation that you could receive. As an extension of this, you will likely be unaware of the nature of what you can claim compensation for after the death of a loved one. You can claim for:
- General damages – costs such as bereavement and emotional suffering that have resulted from the death of your loved one.
- Special damages – costs such as loss of future household income or general financial losses that result from the accident.
- Funeral expenses – the costs of hosting a funeral for the deceased, such as venue costs, catering costs, and flowers.
- Medical expenses – costs incurred in attempting to keep the deceased alive, such as private medical treatment not covered or offered by the NHS.
As you should be able to see from this list, there are a huge number of different costs and expenses that you can claim for as part of your fatal accident case. Contacting our team and arranging a free consultation session can help clarify which costs and expenses you may be able to reclaim.
One of the most common reasons for individuals to avoid making a fatal accident claim is the potential legal costs that could arise. By using the assistance of a Claims Service, you could be charged numerous legal fees before your case even reaches court, costs that could potentially outweigh any compensation that you are offered.
However, our company offers you a better way to fight for the justice that you deserve. If you choose us as your Claims Service, we can offer our ‘No Win No Fee’ policy, also known as a Conditional Fee Agreement. This approach helps to ensure that the financial risk involved in making a claim is greatly reduced. Our costs are simply taken from any settlement total. Even more than this, we will only ever charge you legal fees if your claim is successful. This approach could be the simple, stress-free solution you have been searching for.
Another common concern related to this is how much compensation for death you could potentially claim as part of your fatal injury claim. While each case must be considered on an individual basis, we can provide you with average compensation amounts in order to give you a general idea of how much compensation you might receive:
* Starred amounts displayed in the table below are not for the death itself but are elements of a fatality that may be factored into the overall compensation amount if the deceased has suffered in any of these ways.
|Reason for Compensation||Typical Compensation Amount||Comments|
|Death (baseline)||£12,500 - £300,000||A normalised range of compensation paid for unexpected death.|
|*Death (unconsciousness following a brief period of awareness)||£8,000 - £10,650||Severe injuries, followed by unconsciousness after 3 hours and death within two weeks.|
|*Death (unconscious death within six weeks)||£6,400||Loss of consciousness immediately following injury, death within six weeks of the accident.|
|*Death (unconscious death within one week)||£1,050 - £2,125||Loss of consciousness immediately following injury, death within one week of the accident.|
|*Death (full awareness)||£15,950 - £18,100||Severe injuries, with full awareness, death within two weeks.|
|*Mental anguish||£3,550||Mental trauma and anguish caused by expectancy of death|
|Funeral costs||£3,000 - £10,000||Can be higher in some cases.|
|Punitive damages||£1,000 - £275,000||Can be higher in some cases.|
|Pain and suffering||£1,000 - £200,000||Driven by level of suffering.|
|Loss of benefits||£5,000 - £500,000||Driven by actual loss of benefits.|
|Loss of anticipated earnings||£10,000 - £400,000||Driven by actual loss of earnings, could be higher in some cases.|
|Loss of care, protection and companionship for family members.||£2,000 - £100,000||Driven by suffering encountered, could be higher in some cases.|
As you can see from this table, the factor that most affects the amount of compensation you could receive – as estimated by a death compensation calculation – is the suffering undergone by the individual who suffered a fatal wound. However, if you want information specific to your case then you need to contact our Claims Service. We can provide you with an honest opinion regarding how much compensation we believe you could receive.
The process of beginning your fatal accident claim for a death caused by careless driving is simple, thanks to the assistance of a Claims Service. After you have collected the information necessary to support your claim, you need to seek out the legal representation of a Claims Service such as our company.
You can do this by calling us directly on 0800 073 8804. However, if you do not feel comfortable with this you can fill out our contact form online to arrange a free consultation over the phone. In this consultation, we will give you our honest opinion about your fatal accident claim and how successful we believe it could be. Then, if you wish to use our services, we can take your claim to court and officially begin the process.
When dealing with a fatal accident claim for a death caused by careless driving, you will need the support of a Claims Service in order to ensure you have the best chance of success. We believe that our company can provide you with this service in the best possible manner.
Our team of legal experts can apply their years of experience dealing with fatal accident claims to your case, giving you the best chance of receiving the compensation that you deserve. Our ‘No Win No Fee’ policy highlights our fundamentally ethical business practices and emphasises our commitment to getting justice for those who require it. If you need to win a death by careless driving claim, we are the perfect law firm for you.
If you need assistance with your death by careless driving case, you should contact our company on 0800 073 8804 or through the contact form (and web chat) sections of our website. Once you get in touch, we can help you with your compensation claim.
The death of a family member or loved one can be devastating. This NHS link explains where you can go for help and support.
This Citizens Advice link explains some key points on what to do after a death.
Find out how much compensation you can claim for a car accident by using our car accident claims calculator.
Find out the death compensation amounts the family of the victim can claim for.
Has a family member had a fatal accident on a motorcycle? calculate how much compensation you can claim for.
Death caused by a cycling accidents are common in the UK get free advice on how to claim compensation on a No Win No Fee basis.
The Crown Prosecution Service (CPS) information and guidance on charging drivers for driving offences.