How Much Compensation For A Death Caused By A Fatal Car Accident?
By Daniel Archer. Last Updated 9th May 2022. In this guide, we’ll explain death due to dangerous driving compensation. The death of a loved one can be a painful and traumatic experience. With so much to think about, the very thought of compensation claims might never have crossed the minds of the friends, family, or loved ones of the deceased. But a claim might be necessary. This fatal car accident claims guide will explore the issue in great detail.
In 2020, there were 1,460 reported road deaths in Great Britain, according to figures from the Department for Transport (DfT). A number of these deaths are caused by dangerous driving, careless driving, and other negligent behaviour. In some instances, fatal car accident victims are not at fault for the road accidents that claim their lives. If someone is killed in a car accident and another party is to blame, then someone close to the deceased victim may potentially be able to claim compensation on their behalf.
This fatal car accident claim guide examines the issue in great detail and will try to answer all the questions you may have thought about. If you have any questions, you can contact our legal advisors on the phone by calling 0800 073 8804. Alternatively, you can reach us online using our contact form or our 24/7 live chat service.
Select a section:
- A guide to claiming death due to dangerous driving compensation
- What is a fatal car accident?
- Claiming for a fatal car accident caused by a distracted driver
- Claiming for a fatal car accident caused by speeding
- Claiming for a fatal car accident caused by drunk driving
- Claiming for a fatal car accident caused by texting while driving
- Claiming for a fatal car accident caused by dangerous driving
- Other common causes of fatal car accidents
- Claiming for a fatal car accident that happened at work
- Claiming for a fatal car accident in a public place
- Fatal car accident facts and statistics
- Who can claim for a fatal car accident?
- What to do if you have lost a loved one due to a fatal car accident
- What can be claimed for after a fatal car accident
- No win no fee fatal car accident claims
- How much can I claim for a fatal car accident?
- How to start a fatal car accident claim
- Why choose us as your claims service for a fatal car accident claim?
- Call for free advice and to start a claim
The aim of this guide is to provide comprehensive and valuable information about fatal car accident compensation, particularly death due to dangerous driving compensation. It is divided into sections based on the most common questions we receive from people who are considering a claim.
In this guide, we will cover the most common causes of fatal car accidents and how you can claim compensation for death by careless driving, which might occur due to drunk driving or speeding. We will also cover the importance of determining who is eligible to make a claim for a fatal car accident and what to do if you have lost a loved one. To make things easier, the range of fatal accident compensation you could receive is also discussed, with a table elaborating on the various injuries and their respective average settlement totals.
Finally, this guide introduces you to one of the most important parts of fatal car accident claims: finding legal representation. We will cover the benefits and the advantages of bringing in a legal professional. If you have any questions about the subject, our contact details are also listed in the final section.
A fatal accident is a way of describing an accident in which one or more of the motorists involved suffer fatal injuries. It is important to note that fatal accidents can be caused by a number of reasons but in many cases, it is the direct or indirect action of an individual that leads to this unfortunate incident.
In fatal accidents, an evaluation of all the parties involved will be conducted, examining factors such as driving in a legal fashion and the traffic compliance of the drivers. Fatal accidents are typically treated with the utmost concern by the courts and the authorities. Thus, legal proceedings are almost always complicated. This is one of the reasons why we recommend turning to a solicitor for the best possible results.
When a driver gets distracted, there is the possibility of a fatal accident occurring. Driving requires a great deal of concentration from even the most experienced driver, as any mistake could cause an accident. Fatal car accidents caused by distracted drivers are common in the sense that there are many factors which could distract the driver if care is not taken. From unnecessary discussions with passengers to answering calls while driving, limiting the driver’s attention and care can have tragic results.
If you are interested in a claim involving a distracted driver, one of the most important aspects of the case will involve proving that the driver was distracted at the time of the accident. This can be difficult. If the proof can be obtained which puts the idea beyond a reasonable doubt, compensation can be claimed against the driver. If you are unsure as to how best to seek proof that the driver was distracted, it may be worth discussing the matter with a legal representative.
Breaking the speed limit while driving can result in a fatal accident. When speed becomes excessive, there is a possibility that the driver might lose control of the vehicle and this could cause a fatal accident. When the control of a speeding vehicle is lost, it could veer off the road and roll or it could lose control, hit stationary objects, and even hit pedestrians.
You may be able to make a fatal accident compensation claim if you lose a close family member or loved one due to another person driving beyond the speed limit. Investigations will reveal who is at fault and who the compensation can be claimed against. Your solicitor can help you build a strong case in this regard.
So why not contact us for free legal advice on seeking death due to dangerous driving compensation today.
Driving under the influence of alcohol (or other illicit substances) is strictly prohibited under UK laws. However, it does happen and – at times – it can lead to accidents. If a road accident has resulted in a fatality and one of the drivers is found to have been under the influence of alcohol (or other substances), they will typically be assumed to have acted in a negligent manner. If this is the case, the other party involved in an accident may be owed compensation in order to recover the damages.
You can claim compensation for a fatal accident in incidents involving drunk driving. If a case of drunk driving is established, a compensation claim can be made against the guilty party. Your solicitor can help you build a solid case in this regard.
The single most quickly growing cause of fatal car accidents is texting while driving. The term “texting” covers not simply using a mobile phone to send SMS messages but also posting social media updates of comments to sites such as Facebook or Twitter. It also covers using messaging apps such as Skype, LINE etc.
We can help the dependants for a victim of a fatal car accident due to texting, claim the compensation they are entitled to.
Something of a catch-all term, “dangerous driving” includes a whole range of potential driving offences which could lead to a fatal car accident. Indeed, speeding, driving under the influence, and driving whilst texting are all examples of dangerous driving. However, in some cases, where it is difficult to pinpoint any specific offence the driver has committed, the term “dangerous driving” is used. As with the previous examples, if you have lost a loved one in a car accident caused by dangerous driving, we can help you claim death due to dangerous driving compensation.
Apart from the cases involving drunk driving, speeding, and distracted drivers mentioned above, there are many other causes of fatal car accidents. These can include (but are not limited to):
- Night Driving: driving at night can triple the risk involved of having an accident.
- Wrong-way driving: driving in the wrong direction arising from poor judgement can cause fatal accidents.
- Snow: snow can be dangerous for divers and increases the chances of accidents.
- Tire Blowouts: these incidents can cause a loss of control of the car, resulting in a fatal accident.
- Animal Crossings: animals cross the road without caution, presenting a hazard to drivers.
- Potholes: poor road maintenance can cause tire blowouts and other damage, which in turn can lead to an accident.
- Tiredness: driving while tired can seriously impact the awareness of a driver and lead to serious accidents.
The potential causes of fatal car accidents are numerous and proving negligence can prove complex with some cases. However, it’s still worth seeking legal advice about claiming if someone close to you becomes a car accident death victim and they weren’t fully to blame.
In addition to the times when an accident occurs during regular road use, accidents can happen to those who are working. For example, it is possible that a person could be crushed by a car while at work, for a driver working for a transport company to be involved in a fatal accident, or for a multitude of other scenarios to take place.
Employers have a duty to provide a safe working environment for employees. This can include road safety. For example, a delivery driver should be assured that there are no faults or maintenance issues with their vehicle. Alternatively, a person working in a warehouse should be protected from car accidents while on the premises. If it is judged that an employer did not do enough to protect the employee – who died as a result – there may be a valid claim for compensation. In order to find out more, we recommend discussing the matter with a solicitor.
Public places are expected to be safe for visitors or the general public. Public places, in this case, can include a stadium, hospitals, clubs, and every other place that is normally opened to the public. Many of these public places have car parks or are situated near roads. In situations in which a car accident has lead to death, the occupier of the public place may be liable.
You can claim compensation for a fatal car accident in a public place and the claim will involve proving that the liability resides with the operators or the owner of the place. The owner or operator of any public place is mandated by law to ensure full compliance with health and safety regulations and procedures. Your solicitor will analyse the situation and advise on the next course of action. They can also advise you on the level of death due to dangerous driving compensation that could be awarded.
When attempting to understand a compensation claim, it can help to look at the wider picture. There are many instances of road-related death every year. The statistics show that:
- In the 12 months before the end of June 2019, traffic from motor vehicles increased by 0.3%. Per billion vehicle miles, the fatality rate increased by 4%. With such a high number, it should not come as a surprise that accidents occur.
- According to provisional statistics from the Government, in the 12 months before the end of June 2020, there were 131,220 total casualties on the roads. This is a decrease from 2019, potentially influenced by Covid travel restrictions.
- Of the various categories of road users, pedestrians, cyclists, and motorcyclists are those most at risk of a fatal accident on a percentage basis.
- However, the vast majority of fatalities which occur because of road traffic accidents involve drivers and passengers in cars.
If your friend, family member, or loved one has been killed as the result of a car accident, you may be able to file for compensation. Contact our team for more information about how to do this.
Fatal car accidents can be painful to bear for the family and friends that have lost a loved one. Compensation for death of family member can be difficult to calculate and there is little which can be done to compensate for the death. However, there are a number of ways in which those related to the deceased can receive money as part of a claim. Those who can claim compensation include:
- Dependents of the Deceased: those who were directly provided for by the deceased. This can include the spouse, children, partner, or other family members.
- Family Members of the Deceased: people connected to the deceased but not actually dependent financially on the deceased.
- The Estate of the Deceased: This covers those entities that have suffered from hardship as a result of the death of the deceased. The entities involved in this category include small businesses or businesses that may have suffered some financial loss.
If you are worried about your compensation claim and would like clarification, we recommend discussing the matter with a legal expert.
If you have lost a loved one due to a fatal car accident that wasn’t their fault, it is important that you take action as soon as possible to establish whether you can claim compensation for the incident. However, in taking action there are a number of steps we recommend that you take in order to put your claim in the best possible position. We recommend that you:
- Report the Accident: report the accident to the police and be sure that they have an official record.
- Collect Evidence: Get the car(s) registration details and, if possible, gather eyewitness accounts. These can form part of the evidence.
- Get a Medical Report: any medical reports and documents can be useful when taking the case to court.
- Keep Records: It is important to keep records of funeral costs, medical costs, and other documents related to this issue.
By taking the above steps, you can help to ensure that your claim is not only more likely to be successful, but that you will receive the correct amount of death due to dangerous driving compensation.
Top Tips For Proving Fatal Car Accident Claims
Negligence is when an injury or fatality is caused by someone else not upholding a duty of care to someone when they were legally required to. To illustrate, all road users owe one another a duty of care. This duty should be upheld by following the safety guidelines in the Highway Code.
However, in some cases, a road user may not uphold the duty of care they owe leading them to harm someone else. In these cases, the person who was harmed may be eligible to seek compensation. Furthermore, in cases where the person has died, a qualifying relative may be able to seek compensation on their behalf if they are eligible under the relevant legislation.
If a loved one has passed away due to a car crash, the fatality must be established as being caused by negligence. Otherwise, the person making the claim on behalf of the deceased won’t be eligible to claim compensation.
There are certain key pieces of evidence that can help you in establishing negligence. We have included a few examples below. However, this is not a comprehensive list. There are other forms of proof that you could acquire.
- Medical evidence – Coroner’s reports can be presented during the process of your claim. Documents such as these will contain important information such as the cause of death, and how long after the injuries it took for the deceased to pass away. This can also assist those responsible for calculating a fatal accident claim. For example, it can help them calculate how much compensation is owed to the person after dying on impact in a car accident.
- Visual evidence – Footage from sources such as CCTV cameras and dashcams can be obtained. These can be helpful forms of evidence when establishing who was responsible for the fatal accident.
- Witness contact details – For example, there may have been people who saw the accident. If you gather their contact information, a solicitor can contact them at a later date to see if they are willing to submit a witness statement.
Get in touch if you have any questions. It can be difficult to know what happens when someone dies in a car accident, from a legal standpoint. However, we are here to inform you about making a claim.
The final settlement total resulting from every compensation claim will be different. The figure will be arrived at due to the unique circumstances of the case. However, there are a number of common factors. These expenses, costs, and charges include:
- General Damages: These damages cannot be quantified in terms of money. The pain, the grief, the trauma and the psychological problems sustained as a result of the fatal accident are taken into consideration.
- Medical Expenses: This involves the medical expenses that were incurred prior to the death of the victim.
- Funeral Expenses: The entire cost of the funeral can be claimed in the case.
- Special Damages: This could be the loss of financial support from the deceased to the spouse, children, or other dependents.
During the process of filing for compensation, it is important to keep a record of the many ways in which the accident has affected you financially. Receipts, invoices, and so on can be used when claiming damages.
Making a claim for compensation for death in a car accident can be difficult in many ways. As well as the grief and the upheaval in your life, we have found that one of the major hindrances for people is the lack of funds to pay legal fees from the claimants. This financial burden in the event of a death can be particularly trying.
This is why we offer a Conditional Fee Agreement (CFA), also known as a ‘No Win No Fee’ arrangement. In situations such as this, we are able to offer legal representation without any upfront costs or charges. We only charge you when the case is successful and we take the fees from your compensation amount. If the case is not successful, we will not charge you.
This can greatly reduce the financial burden placed on those who have recently lost a person close to them and it can ensure that you’re able to work with the best legal team available, without the monetary risk.
According to the judicial guidelines, death compensation calculation will depend on the circumstances surrounding the accident and the eventual death. Trying to provide an exact estimation can be difficult, but the below table details a range of accidents and injuries and illustrates the way in which their severity (as well as the pain and suffering caused) can influence the final settlement total.
|Reason for Compensation||Typical Compensation Amount||Comments|
|Death and losses to finances||£450,000 plus||Awards can exceed this amount if they factor in dependency costs like loss of earnings.|
|Death (full awareness)||£11,770 to £22,350||Severe injuries but this time followed by unconsciousness with death coming in 2 weeks to 3 months after the incident. (Note that this is the baseline: other damages will also apply.)|
|Death (Consciousness followed by unconsciousness)||£9,870 to £10,010||Unbearable pain followed by unconsciousness after 3 hours and death two weeks later. (Note that this is the baseline: other damages will also apply.)|
|Death (unconscious death within one week)||Up to £2,620||Here, unconsciousness happens immediately after the accident with death occurring in just one week. (Note that this is the baseline: other damages will also apply.)|
|Mental anguish||Up to £4,380||Psychological trauma and suffering caused by fear of impending death. (note that this is the baseline, other damages will also apply)|
|Funeral costs||£3,000 - £10,000||Could be higher|
|Punitive damages||£1,000 - £275,000||Could be higher|
|Loss of anticipated earnings||£10,000 - £400,000||Could be higher|
|Loss of care, protection and companionship for family members.||£2,000 - £100,000||Could be higher|
Determining how much compensation for death and fatalities on the road will depend on a number of factors. The table provides an overview of a few examples of the compensation range available for claims. If you need a more accurate idea of how much death due to dangerous driving compensation you could receive, please feel free to use the contact details at the bottom of the page to reach us.
If you are considering any kind of compensation claim, knowing where to begin can be the first hurdle. In cases such as these, you may not know where to begin. This is why we advise all of our clients about the benefits of professional assistance. For example, we’re able to provide a free legal consultation, in which you can discuss the case with our team and come to a decision regarding the possible outcome of the claim.
We’ll examine all of the evidence and use our experience to provide you with a full, detailed report of what will likely happen with your claim. If you choose to work with us moving forwards, we can then handle all of the difficult work on the case. If you want to begin a compensation claim, our consultancy session is the easiest way to get started.
We have the experience, the knowledge, and everything else it takes to get the maximum possible compensation settlement for you. We’ve successfully handled a lot of fatal accident compensation claims and will use this history of success to make your case as successful as possible.
We offer a number of key benefits to those who are seeking legal assistance. These benefits include:
- A commitment to offering the highest quality legal services available.
- A No Win No Fee policy.
- A free legal consultation.
- The ability to arrange for local medical appointments for our clients.
- A level of integrity and determination which is unmatched by other law firms.
If you want to maximise your compensation claim with the aid of an informed, professional team of experts, we’re the perfect law firm for you.
We’re nearly at the end of our guide to claiming death due to dangerous driving compensation.
Making a claim for compensation does not need to be difficult. Even in the most arduous moments, following the death of a loved one, you can turn to our team for expert, informed assistance. We can answer questions such as “does car insurance pay for death?” and “how much compensation am I owed?”
You can either call us now on 0800 073 8804 or you can contact us online by using either our 24/7 webchat or by filling out a contact form. Whichever method suits you best, we’ll arrange a consultancy session for you. Get in touch now and find out how much we can offer you and your claim.
Fatal Car accidents causing the death of a family member or loved one can be devastating. The NHS website has provided this page for useful information on coping with bereavement.
This Citizens Advice page also has useful information about what to do after the death of a family member or loved one.
LegalExpert.co.uk general page on Car Accident claims and compensation amounts
Death caused by a car crash that has hit a motorcycle causing the motorcyclist to die for more information and free advice contact us today.
The (CPS) The Crown Prosecution Service, If a dangerous driver is at fault you can check the laws and regulations hear. as the driver who was at fault could be charged.
Read this to learn more about claiming if you’ve been injured or a loved one has passed away from being involved in a multi-car pile up.
Other Useful Compensation Guides
- Walsall Car Accident Claims Solicitors
- Read this article to learn more about hospital acquired infections compensation
- Emergency Services Vehicle Car Accident Claims
- Can I Claim Compensation For A Emergency Braking Accident on A Bus?
- Compensation For A Pedestrian Hit By A Car – A Case Study
Death Due to Dangerous Driving Compensation FAQs
How much compensation do you get for accidental death?
The amount of compensation you could get for the death of a loved one varies. Some claimants are affected psychologically by death as well as financially. Provided the death was caused by a third party, you could be compensated for medical bills, funeral costs and other factors. Speak to our understanding advisors for a thorough estimate.
What is considered dangerous driving?
For dangerous driving, the standard of driving would be very much below what is expected of drivers via The Highway Code. Careless driving would involve a higher standard, but still not meeting the requirements of driving expected in The Highway Code.
Can you sue someone for careless driving?
If someone else’s careless driving led to your injuries, you could sue. Try to be prepared as you can with documented evidence. Speak to our advisors if you’re unsure.
If you still have any questions about death due to dangerous driving compensation, please feel free to contact Legal Expert using the contact details highlighted above.