Fatal Road Traffic Accidents
We hear about accidents on the road through the media almost every day but we are less likely to hear of the aftermath. Timms Personal Injury Solicitor, Molly Evans, discusses what happens after a fatal road traffic accident in her most recent blog…
Following the tragic car crash which recently took place at a Wimbledon prep school, killing two young girls and injuring numerous others, many have been left questioning just how something so terrible could have happened. There is much speculation in the media about the cause of the accident and, at the moment, no one has full knowledge of the events which led up to this tragedy.
The accident has left the family and loved ones in an unimaginable position, grieving for their loved ones. But what can the law do to help them seek justice? The family can in fact, take action to pursue the driver for criminal offences as well as under the civil law.
How Can The Law Help You After A Fatal Accident?
The police will investigate the circumstances of the incident and gather evidence to pass on to the Crown Prosecution Service (CPS). The CPS then have the responsibility of prosecuting a criminal offence through the criminal courts.
In a civil action, the injured party, or the relatives of those fatally injured, can bring a claim for compensation through an insurance claim. It must be proved that it was more likely than not that the other driver was negligent.
This is a much lower standard of proving allegations than in a criminal trial which is decided upon proving allegations beyond a reasonable doubt. A criminal offence does not need to have been committed for there to be a civil action against the driver.
The Fatal Accident Act 1976 allows the relatives of those fatally injured to claim against the wrongdoer. For a relative to fall under the scope of this legislation, they must be able to prove that the driver causing the accident was negligent in their actions.
The driver’s legal responsibility would be clear if, for example, the driver failed to stop at a junction or drove into the back of you. However, there are certain circumstances where a driver may not be found to be negligent, such as if they lost control because they suffered a medical emergency at the wheel.
If they had no prior warning of the medical condition, and the loss of function was spontaneous, they would have a valid defence, as they had not been in control of their actions when the accident occurred. They would need to prove this through expert medical opinion.
If the driver knew, or ought to have known, that a medical condition would affect their ability to drive the car safely or was feeling unwell shortly before the accident then it is unlikely that the driver would have a defence.
When unsure about whether you are safe to drive, it is important to check with a medical professional before getting behind the wheel, as it could lead to liability in both criminal and civil proceedings.
How Can Timms Help?
If you would like further information about making a claim for personal injury, contact our expert team on freephone 0800 011 6666 or via email at legal@timms-law.com.
August 2023