By Joanne Jeffries. Last Updated 3rd November 2022. Welcome to our guide on making a death caused by careless driving claim. In this guide, we discuss how you could claim for death caused by careless driving compensation. We answer a common question too, ‘What is the difference between death by dangerous driving and death by careless driving?’ We discuss death by careless driving compensation awards for 2022 claims, and ask what happens to those guilty of causing death by careless driving or death by dangerous driving in the UK. Further to this, we show you how death by careless driving compensation is calculated, explaining what damages could be included in a death by driving accident claim. If you’ve lost a loved one in a car accident death, and want to make wrongful death claims, this guide to fatal accident compensation could help.
Dear By Dangerous Driving Compensation Explained
The loss of a loved one from a death caused by careless driving is a stressful, traumatic time for a family. Claiming the death caused by careless driving compensation you will be entitled to for the loss of this loved one is often overlooked in the event’s aftermath. However, the claims process must be started as soon as possible to gain the compensation that is yours at a time it is needed the most especially when financial dependency is involved.
In this guide, we aim to inform people of the process of making a compensation claim for a death caused by careless or dangerous driving. Including information about the process of making a claim.
If you would prefer to begin your fatal accident claim right away, without reading this guide, or if you’d like more information on death from careless driving compensation, then call Accident Claims UK on 0800 073 8801 right now, and we can start a claim for maximum compensation on your behalf. So, contact us today about your case.
Select a Section:
- A guide to compensation claims for death caused by dangerous driving
- Cases of death caused by dangerous driving
- Careless driving caused by intoxication
- Careless driving caused by tiredness
- Other types of careless driving leading to fatal accidents
- Workplace careless driving fatal accident compensation claims
- Who can seek compensation for a death caused by dangerous driving?
- Fatal Accident Compensation
- How to start a personal injury claim for death caused by dangerous driving
- No win no fee compensation claims caused by dangerous driving
- Why work with accident claims UK on your claim for death caused by careless driving compensation
- Start your claim today for death caused by careless driving compensation
- Useful links relatnig to death caused by careless driving compensation
A Guide to Compensation Claims for Death Caused by Dangerous Driving
This guide is intended to educate people who have suffered the loss of a loved one through a road traffic accident caused by dangerous or careless driving. Unfortunately, accidents that result in death caused by careless driving are still quite common in the UK. If your family has suffered a death caused by dangerous driving, then this death caused by dangerous driving compensation guide is for you.
What is the difference between death by dangerous driving and death by careless driving? – Your questions answered
It covers everything you need to know before making a death caused by careless driving claim, including:
- A description of how deaths can be caused by dangerous driving and what constitutes dangerous driving.
- Descriptions of how deaths are caused by intoxication, including alcohol and drug-related deaths, and how they are caused.
- A description of how deaths are caused by tired drivers and how these types of accidents occur.
- An overview of some of the other forms of careless driving that can lead to a road traffic accident ending in fatalities.
Further advice includes:
- Information on making a compensation claim for a wrongful death due to careless driving at work, either as an employee or a member of the public.
- Information on just who can claim for the loss of a loved one following a road traffic accident that has been caused by careless or dangerous driving.
- A table that shows the typical amounts of compensation that the dependants of a person who was killed in a car accident can expect to claim.
- The steps you need to take to begin a compensation claim against dangerous road users for a death from careless driving.
- An introduction to the No Win No Fee national claims service offered by Accident Claims UK and the reasons why we believe this is the best way to claim for the death of a loved one in a road traffic accident.
If you have any questions about this guide or require more information, you can contact Accident Claims UK on the number at the top of this page, and we will do our best to answer any questions you may have about claiming death caused by careless driving compensation. This includes any queries with regards to contacting your insurance company.
Who can claim compensation for a death caused by dangerous driving claim?
Careless driving compensation claims are often made by dependents of the deceased person. This includes those that were dependent on the deceased’s income, such as children, and those who are closely related but not dependent and could deserve compensation for the person’s death.
This primarily, and most frequently, covers spouses and children. Additionally, it could cover the parents of the victim, especially if the person who dies is under the age of 18.
Cases of Death Caused by Dangerous Driving
One of the most common types of fatal accident claims we deal with here at Accident Claims UK is fatal road traffic accidents caused by dangerous driving. A frequent cause of claiming compensation, death caused by dangerous driving, is still a fairly common occurrence in the UK.
The law in the UK sees dangerous driving in a way that puts members of the public at unnecessary risk.
Examples of death caused by dangerous driving
Examples of behaviour that could be seen as dangerous driving, which could result in a fatal road traffic accident, are:
- Driving at speeds above the legal speed limit. However, in most dangerous driving cases, the speed limit is exceeded by a large margin, not simply a few miles per hour.
- Driving whilst speaking on the telephone or reading/sending SMS messages.
- Driving whilst accessing social media applications such as Facebook, Twitter, Instagram, etc.
- Racing on public roads, either in an organised race or an impromptu one.
These are just some of the driving behaviours that can be construed as dangerous driving. There are more. If you have lost a loved one due to the actions of a dangerous driver, then contact Accident Claims UK, and we can help you claim the compensation you are entitled to.
Careless Driving Caused by Intoxication
Careless driving can be defined in many ways, but one of the most common ways that a person can be found to be guilty of careless driving is driving whilst intoxicated. The legal system looks down upon a drunk driver or intoxicated drivers, and death compensation claim amounts for accidents caused by drivers under the influence are generally quite high.
Driving whilst intoxicated does not necessarily mean that a person has been drinking alcohol. Recreational drug use is also seen as driving whilst intoxicated. And in some situations, even prescription medications, if used incorrectly, such as taking too high a dose, or ignoring specific instructions that imply that a person’s abilities may be impaired, could result in a driver being ruled as having driven whilst intoxicated.
If your family has suffered a loss at the hands of an intoxicated driver, Accident Claims UK can help you claim death caused by careless driving compensation for your loss. Call us at the number at the bottom of this page to determine how to make a death due to careless driving claim.
Careless Driving Caused by Tiredness
Although this is not the most common reason, we claim death caused by careless driving compensation in car accidents, road traffic accidents caused by a driver who is too tired to drive safely can and do happen quite regularly in the UK.
It is important to note that road traffic accidents caused by tiredness are not necessarily the result of falling asleep at the wheel. As we get tired, our reactions slow down, our vision becomes blurred, and our decision-making faculties become impaired. Any of these can cause a driver to make a minor mistake in their driving, resulting in a fatal road traffic accident.
If you have suffered the death of somebody close to you through the actions of a driver who was driving when they were too tired, call us at the number at the bottom of this page to find out the fatal accident compensation amount you might be able to claim.
Other Types of Careless Driving Leading to Fatal Accidents
When we look at death by careless driving case studies, the reasons we have already discussed above are generally the most common ways that fatal accidents occur. However, there are many other examples of careless driving that can also lead to a fatal road traffic accident, such as:
- Not paying attention to the road whilst programming a GPS.
- Driving a vehicle that you know has a serious fault that could cause an accident.
- Someone driving without prescription glasses or contact lenses, leading to vastly reduced vision capabilities.
- Driving while you are suffering from a serious illness that negatively affects your ability to drive in some way.
- Losing concentration due to dealing with passengers such as small children in the car.
Of course, there are many more ways that careless driving can result in an accident that leaves a family member in a position to claim death caused by careless driving compensation for the loss of a family member. Call Accident Claims UK to discuss your specific death caused by careless driving claim. And find out whether we believe you have a valid reason to claim for a death due to careless driving.
Workplace Careless Driving Fatal Accident Compensation Claims
If you look at the graph above, you can clearly see that workers in Great Britain have a higher chance of dying after being struck by a moving vehicle than many other kinds of accident. And that could allow you to claim death from careless driving compensation.
Every company in the UK has a legal responsibility, governed by legislation laid out by the Health & Safety Executive, to maintain all company-owned vehicles to keep them safe to operate. Each company is also required to make sure every one of their employees who drive a company vehicle has sufficient training.
If a company fails in either of these two duties, which directly leads to the death of either a company employee or a member of the public, a valid reason to claim bereavement compensation will exist. Call Accident Claims UK on the number at the bottom of this page to determine how we can help you with your work-related fatal accident claim.
Who Can Seek Compensation for a Death Caused by Dangerous Driving?
If you’re interested in pursuing death by careless driving compensation but aren’t sure if you can make a claim, this section will help you. Unlike a personal injury claim, where the victim is also the claimant in a fatal accident, compensation will be claimed by a separate party. Three different legal entities can claim for the death of a person in a fatal road traffic accident, and these are:
- Direct dependants of the deceased – this means children or a partner dependant on the deceased as the main breadwinner and will suffer due to their loss.
- Family members of the deceased – who have suffered either emotional or financial damage due to the loss of a relative in a fatal road traffic accident.
- The estate of the deceased – if the death has left, for example, a company owned and operated by the deceased with serious problems, then it could claim compensation.
If you would like to find out whether you can claim for the death of a person in a road traffic accident caused by careless driving, call Accident Claims UK on the number at the bottom of this page to find out.
Fatal Accident Compensation
Fatal accident compensation claims could be made on behalf of the deceased. This can include those who have experienced a car accident and death has occurred. The compensation awarded could vary depending on the specific facts and circumstances of the case.
However, generally, compensation can be awarded for the pain and suffering of the deceased. When valuing this head of claim in fatal accident compensation claims, solicitors can use the Judicial College Guidelines to help them. We have used this document to create the table below.
| Compensation Awarded For | Amount Awarded | Notes |
|---|---|---|
| Death and losses | Over £600,000 | For financial losses along with compensation for pain and suffering of the deceased, compensation awards can reach this level. |
| Awareness, into unconsciousness and then death. | £10,510 to £10,670 | For deaths that involve unconsciousness after 3 hours, followed by actual death within 2 weeks. |
| Long-term unconsciousness followed by death. | £3,760 to £4,390 | For deaths that involve almost immediate unconsciousness, followed by actual death within 6 weeks. |
| Immediate unconsciousness followed by death. | £1,370 to £2,790 | For deaths that involve immediate unconsciousness, followed by actual death within 1 week. |
| Full awareness of death. | £12,540 to £23,810 | The victim remains awake and aware, with death within 2 weeks. |
| Mental trauma | £4,670 | Psychological damage, trauma and stress caused by death. |
| Loss of future earnings | £10,000 – £400,000+ | Amount based on actual financial loss. |
| Funeral expenses | Dependent on claim – please call for advice | Dependent on claim – please call for advice |
| Bereavement award | Dependent on claim – please call for advice | Dependent on claim – please call for advice |
| Tetraplegia | £324,600 to £403,990 | AKA quadriplegia. If the claimant had an expectancy of living 25 years the award could be in the middle of this bracket |
If you would like to talk to us about what damages you could claim and how we could help you, please don’t hesitate to call. We could provide you with free legal advice on wrongful death claims.
What Types Of Damages Could Make Up Fatal Accident Compensation Awards?
Under the Fatal Accidents Act 1976, certain qualifying relatives could be entitled to receive a bereavement award. This is a sum of £15,120 set out in Section 1A of the Act 1976.
Other forms of compensation could be awarded, such as for:
- Funeral costs
- Financial dependency, such as the loss of past and future earnings if the family depended on the deceased for income
- Loss of services, such as child care.
To learn more about making a car accident death claim on behalf of a loved one, please get in touch using the number above.
How to Start A Personal Injury Claim for Death Caused by Dangerous Driving
The process for claiming the loss of a loved one due to a fatal accident is very similar to that for making a careless driving personal injury claim that it must be possible to prove that a third party was the cause for the accident. This is where Accident Claims UK comes in. We can help you with this. If you call us on the number at the bottom of this page, we will ask you several questions to learn all the facts of your claim. We will ask questions such as:
- At what date and time did the fatal road traffic accident take place?
- Where did the accident occur?
- Who was at fault for causing the accident?
- What relation was the deceased to you?
- Have you or your family suffered any financial loss due to the death?
- Will the loss of a breadwinner have a long-term financial effect on your family?
- How many dependants did the deceased have? What ages are they?
These are just some of the questions we will need to be answered to successfully make a compensation claim for the loss of a family member in a fatal road traffic accident caused by careless driving.
No Win No Fee Compensation Claims Caused by Dangerous Driving
Accident Claims UK operates a No Win No Fee careless driving compensation claims service to the whole of the UK. We firmly believe that this is the most effective way to make such a serious claim.
Under our No Win No Fee scheme, there really is nothing to pay right up until the time you receive a compensation payment. There is no fee to start your claim, and we won’t ask you to pay anything while we are making your claim, even if it goes on for several months. And in the very unlikely event that we fail to claim on your behalf successfully, we won’t charge you anything at all. The only time we levy a success fee is when we win your claim for you.
This means you really have nothing to lose, as this is a completely financially risk-free way to make a death by careless driving claim. You don’t pay anything unless you win; it is that simple. If you need more information about our No Win No Fee agreement and how it works, give us a call at the number below. We can then answer any questions you may have regarding death caused by careless driving compensation.
Why Work with Accident Claims UK On Your Claim For death caused by careless driving compensation?
We are an extremely experienced firm of legal professionals. Everyone on our careless driving claim solicitor team has won many such claims in the past. With over 30 years of experience making successful claims across a very wide range of cases, we have the knowledge and expertise needed to claim a fatality caused by careless driving.
We will always do everything possible to maximise the amount of compensation you are awarded, yet in the same breath, we won’t ever do anything that might put your claim at risk.
We are always available to answer any questions you may have, and we will always keep you updated on what we are doing on your behalf and how your claim is progressing. No legal jargon here, just simple to understand English. Call us at the number below to begin getting you the compensation you are entitled to today.
Start Your Claim Today for death caused by careless driving compensation
Do you believe you have a valid reason to claim death by careless driving compensation? If so, then call Accident Claims UK on 0800 073 8801 right now. We will take the details of your claim, and when we know enough about your situation, we will offer some free legal advice on what to do next. In most cases, this will be to use our No Win No Fee claims service. And this is the simplest, most effective and financially risk-free way to claim death caused by careless driving compensation.
Death caused by careless driving claim- FAQs
What is the penalty for causing death by careless driving?
Causing death by careless driving is defined by the Road Safety Act 2006 as the act of driving without proper care and attention to the road or without consideration towards pedestrians, cyclists, motorcyclists or other drivers in a way that causes someone else’s death.
What is the prison sentence for causing death by dangerous driving?
The maximum prison sentence that can be handed to someone for causing death by careless driving is 5 years. If someone’s caused death by careless driving while under the influence of drink or drugs, they can be sentenced to 14 years in prison.
Who do I claim from if the driver at fault was untraced or uninsured?
Claiming for the death of a family member can be upsetting at the best of times. But when you’re trying to claim against a driver who wasn’t insured or who fled the scene afterwards, then this can seem more complicated.
What role does the Motor Insurers’ Bureau play in the compensation process?
The Motor Insurers’ Bureau can pay out compensation when the usual channel of compensation claims is unavailable. They will pay compensation in accidents where the at-fault driver should have held compulsory motor insurance but didn’t, or if the driver and their insurance details can’t be found.
How can I tell what is death by dangerous driving in comparison to death by careless driving?
For the former, the standard of driving should be far below that of a typical driver’s competency level. But for the latter, the drop in driving standards is only minor.
Is death by careless driving a criminal conviction?
Yes, this is a very serious criminal offence in any scenario.
What should you do if you see dangerous driving?
If you feel like you witness dangerous driving to the extent that it must be reported, call the non-emergency police number on 101.
Can you send dashcam footage to the police?
Yes, you can send dashcam footage of a serious breach of road safety to the police in various forms.
What Happens When I Claim Through the Motor Insurer’s Bureau?
If you are considering claiming for the loss of a loved one through the MIB, a solicitor could help you with this process. Once your claim has been received, the MIB will write to your solicitor to confirm receipt. They will also give a reference number which will need to be quoted on any documentation. The MIB will attempt to begin their investigation of your claim as quickly as possible. The process would include:
- Establish the relevant facts of the case
- Confirming who was involved in the accident
- Obtaining relevant reports from witnesses or engineers
- Getting hold of the police report
- Contacting the DVLA or foreign bureaus if the accident involves a foreign vehicle
In some cases, the MIB may request other supporting documentation. They could then go about establishing liability. They would only usually pay compensation if it could be established that there was fault on the part of the driver. If there was any fault on the deceased party’s side, it is likely that the compensation would be reduced, or the MIB might refuse the claim.
How Long Do MIB claims take?
The MIB aims to decide on a claim within 6 weeks. However, where extensive investigations are required, this might take longer. There could also be delays if conflicting evidence is presented, or where liability is in dispute. Sometimes, the police report could take some time to come through. This is due to the fact that the police are unable to release reports until the conclusion of any criminal prosecution.
Could a child make a death caused by careless driving compensation claim?
Unfortunately, if a child loses a parent because of somebody who is driving carelessly, they could not make their own claim for compensation. This is because in the eyes of the law, they do not have the capacity to make decisions on legal matters such as this. However, another family member or the other parent could claim on behalf of the child as their litigation friend. This could mean that the litigation friend would make decisions on the child’s case for them.
They could help to decide on whether a compensation settlement was good enough, or whether they should fight through the courts for more compensation for the child. When the compensation comes through, it will be held in a trust for the child to access once they turn 18 years old. However, in some cases if it is needed, an application could be made to the court for some of the monies to be released.
How long do I have to claim for death by dangerous driving in the UK?
In general terms, you would normally have three years from the accident date to make a claim for death by driving in the UK. However, there are other exceptions. For example, you could have three years from the date you connected your injuries with negligence.
Other exceptions apply so please call our team for more information. There may still be time to launch a claim for death by careless driving compensation.
Should I claim death by careless driving compensation?
There are several reasons that you might consider claiming compensation for the loss of a family member due to death by careless driving. Death by dangerous driving in the UK may have resulted in financial expenses such as funeral expenses, for example. If so, compensation could help pay for the cost. You could also be compensated for your bereavement if you are eligible.
For more information on whether your eligible to claim, call our team on the number above.
What expenses could I claim in a death caused by careless driving compensation claim?
The expenses you could claim would depend on the specific facts and circumstances surrounding your case. Our personal injury solicitors, all authorised and regulated by the Solicitors Regulation Authority could fight for the maximum damages possible. You may be able to claim for funeral expenses, and other expenses directly associated with your loved one’s death. Please do not hesitate to contact us to talk about your claim. We’re here to advise support and guide you.
What is the difference between death by dangerous driving and death by careless driving?
The difference between tween death by dangerous driving and death by careless driving relates to the cause of the accident. Careless driving is driving that falls below the reasonable standard expected of road users. It could be considered to include:
- Undertaking another vehicle
- Misusing traffic lanes
- Driving too close other vehicles
- Driving through red lights by mistake
Dangerous driving is driving that is far below the reasonable standard. It could include:
- Great excess of speed
- Driving while impaired by drugs and/or alcohol
- Making seriously dangerous manoeuvres
These lists are not exhaustive. If you’re still not sure what is the difference between death by dangerous driving and death by careless driving and whether it could affect a claim, please call us. We would be happy to discuss your claim with you.
Could death by careless driving compensation include funeral costs?
If you make a successful death by careless driving compensation claim, it could include funeral expenses. Bereaved family members could also receive compensation for their bereavement if they meet the criteria. Your compensation payout could also include damages for loss of financial support for dependents.
Could I make a death by careless driving compensation for the loss of a child?
You could make a death by careless driving compensation claim if you have lost your child due to someone else’s careless driving. We understand how traumatic this may have been for you and would handle your case with the utmost sensitivity.
Where can I find information on death by careless driving compensation awards for 2022 claims?
The latest guidelines for death by careless driving compensation awards for 2022 come from the Judicial College Guidelines.
The most recent publication was released in April 2022. We have used figures from this edition to create the table in our guide. However, the figures are only guidelines and are not a guarantee of what you could receive in compensation. Furthermore, they do not account for special damages in death by careless driving compensation claims.
If you would like further guidance on how much you could claim, please call our team. We would be happy to speak to you. We could assess your case to see whether you meet the eligibility criteria to claim. If you do, we could provide a solicitor to assist with your claim.
Could I claim against someone for causing death by careless driving?
In cases where you’re claiming on behalf of the deceased, your claim could go through the Criminal Injuries Compensation Authority (CICA). The CICA provide an avenue for victims of a violent crime in England, Scotland and Wales to seek compensation for the harm they sustained.
In the Criminal Injuries Compensation Scheme 2012, there is a tariff of injuries that includes set amounts of compensation. This tariff will be used to calculate how much compensation is owed.
To discuss whether you could claim directly against the perpetrator, please get in touch on the number above.
Useful Links Relating To death caused by careless driving compensation
At the link below, you will find a detailed guide that we have published on claiming compensation for car accidents:
How to claim compensation for a car accident
Below you will find our guide to claiming compensation for a child in a car accident:
At the link below, you will find a guide we have published. It covers claiming compensation against the Motor Insurers Bureau (MIB):
How to claim compensation from the Motor Insurers Bureau (MIB)
At the link below, you will find the UK Government’s 2019 report on road traffic accidents.
UK Government 2019 report on road traffic accidents
On the link below, you will find statistics published by the UK Department of Transport. These show road traffic accidents in the UK:
Department of Transport statistics on road traffic accidents in the UK
Below, you will find a link to think.gov.uk, the government’s designated road safety campaign:
Thank you for reading our guide on pursuing death caused by careless driving compensation in England and Wales. We hope we’ve cleared up the process of making a claim.