Fatal Road Accident Claims

What are the typical causes of fatal car accidents?

Investigating the cause of a fatal car accident or fatal road traffic accident is complex and can take time, involving the police, insurers and often, the court.

Fatal road traffic collisions have a number of causes, but dangerous driving is often a factor. From 1 July 2023, the maximum penalty for causing death by dangerous driving is life imprisonment. Dangerous driving is defined by S2A Road Traffic Act 1988. The Crown Prosecution Service defines dangerous driving as, “driving falling far below what would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving in this way would be dangerous”. It also includes “driving where it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous”.

Some types of poor driving that can cause fatal road accidents that can warrant a fatal road traffic accident compensation claim are:

Failure to look

A failure to observe properly is often a significant contributory factor for fatal car accidents. Figures from the RAC Foundation show that in 2018, a failure to look properly was the main cause in 26% of fatal accidents. Vulnerable road users such as cyclists, motorcyclists and pedestrians are particularly at risk.

Loss of control and speeding

Driving too fast for the road conditions and breaking the speed limit hamper a driver's ability to react. This can often lead to collisions with pedestrians, other vehicles or road users, or hitting stationary objects like trees.

The Department for Transport published figures showing that more than half (56%) of fatal collisions in Great Britain in 2023 had at least one speed related factor assigned.

Distraction

It can be easy to lose concentration when you're driving, which can have devastating consequences.

The Royal Society for the Prevention of Accidents (ROSPA) has published a driver distraction factsheet. ROSPA confirms that a number of factors can cause driver distraction, such as using mobile phones, headphones, sat nav devices and infotainment systems. It reports that in 2022 there were 2616 road traffic collisions where ‘distraction inside vehicle' was cited as the contributory factor, 76 of these were fatal.

Alcohol or drug impairment

Department for Transport figures show that 19.6% of all fatal collisions in 2023 were assigned at least one drink or drugs related factor. More specifically, 282 of 1441 fatal collisions with at least one factor assigned, were assigned a drink or drugs factor.

Texting or using a phone illegally while driving

The law is clear on this - using a hand-held device while driving is unlawful, highly dangerous, and carries a range of penalties. In Great Britain in 2022, 22 people were killed in fatal road accidents, and 674 were injured where using a hand-held device was a contributory factor.

Not wearing a seatbelt

Road casualty statistics for 2022 show that 21% of car occupant fatalities in reported road traffic collisions weren't wearing a seatbelt. This shows that those who don't wear a seatbelt are disproportionately more likely to be killed in road collisions.

Driver or rider fatigue

Driver or rider fatigue can also make a fatal road traffic accident more likely. While not an offence, it increases the chance of road users committing other offences, such as careless driving.

Poor road maintenance

Sometimes faulty lighting or poorly maintained road surfaces can cause a fatal car accident. These are the responsibility of the local council or highways authority.

If you've lost someone close to you due to a fatal car accident, and it's likely that someone else was at fault, we may be able to help. 

Compensation won't make things right, but it can ensure that you and your family have financial security in the future. Our compassionate and experienced personal injury advisors can help. Give us a call on 0800 376 0150 and they'll explain whether you're eligible to start a fatal road traffic accident claim.

Fatal road accident claims: vulnerable road users

Some road users are more vulnerable than others, and more likely to be involved in fatal road traffic collisions.

Fatal cycling accidents

Cyclists are some of the most vulnerable road users. In 2023, 87 pedal cyclists were killed in Great Britain, whilst 3,942 were seriously injured.

If you've lost a loved one following a fatal cycling accident that was someone else's fault, it's likely that you can make a claim for compensation.

You can read more about our work with bike accident claims here.

Fatal motorcycle accidents

Motorcycle accidents can quickly become serious or fatal. The fast speeds and lack of protection on a motorcycle can mean that even the slightest impact or accident can have life-changing consequences.

In 2023, 315 motorcyclists were killed in Great Britain, while 5,481 were reported to be seriously injured in motorcycle road accidents.

Motorcycle road traffic accidents are often caused by other drivers forgetting to check for motorcyclists at a junction or when merging. The consequences can be devastating.

If you've lost someone close to you following a motorcycle accident, we can help. Give our expert advisors a call today on 0800 376 0150. They'll give you free and confidential advice about whether you can make a claim, but there's no pressure. Whether you make a claim for fatal road traffic accident compensation is entirely up to you.

What does the Law say about fatal road traffic accident claims?

The Fatal Accidents Act 1976 says that the dependants of someone killed in an accident which was not their fault can make a claim for compensation.

‘Dependants' can be:

• A spouse or former spouse.
• Someone cohabiting with the deceased as husband, wife or civil partner for a minimum of two years prior to the accidental death.
• Children, including adopted children and those who become a legal part of the family via marriage or civil partnership.
• Parents or older relatives, including grandparents, great grandparents and those acting as a parent, such as a step-parent or a guardian.
• Immediate family like brothers, sisters, cousins, nieces, nephews and aunts or uncles.

If it was your partner who suffered a fatal accident, you could make a fatal road traffic claim as a dependant if you were partially or entirely financially reliant on them. You can read more about making a dependant's claim here.

The Statutory Award for Bereavement

You may also be able to claim a Statutory Award for Bereavement under the Fatal Accidents Act 1976. It's an amount that is currently fixed at £15,120 and is paid by the other side's insurance company in a successful fatal road traffic accident claim.

This payment is made to the surviving spouse (or to the parents if the victim was a child), regardless of whether dependency losses were involved.

Hit and run fatal road accidents

If your loved one was killed and the other vehicle failed to stop or was uninsured, then we can help you make a fatal road traffic accident claim through the Motor Insurers' Bureau.

This includes accidents where the other vehicle or driver is untraceable or uninsured.

What are the time limits on making a fatal road traffic accident claim?

The legal time limit for road traffic accident claims within England and Wales is set out in Section 11 of the Limitation Act 1980.

Generally, as an adult you have three years from the date of the fatal road traffic accident to make a claim. If the person survives the accident, but dies within three years, then the time limit begins on the date of death, not the date of injury.

Contact our expert advisors today to find out if you can make a fatal road traffic accident compensation claim. If you decide to make a claim, they'll refer you to a specialist road traffic accident personal injury solicitor. There's no pressure though - whether you want to make a claim is entirely your decision.

What does compensation cover in a fatal road traffic accident claim?

Because all fatal road traffic accidents are different, we don't know at the outset how much fatal road traffic accident compensation you might receive.

There are two types of damages that you may be awarded in a successful fatal road traffic accident claim:

• General damages which are awarded for pain, suffering and loss of amenity; and
• Special damages which cover any specific financial losses.

Pain, suffering and loss of amenity

As well as experiencing pain and suffering, it's sometimes the case that the victim doesn't pass away immediately after the accident. Often, they will be hospitalised and in a coma for some time before passing, meaning that they can't do the everyday things that they previously took for granted. This is known as a loss of amenity.

Financial losses

You may incur significant financial expenses following a fatal road traffic collision, such as:

• The cost of caring for your loved one, funeral costs and the legal costs of dealing with their estate. Care costs may include medical treatment, ongoing care (even if provided by your family), medicine, adaptations to their home or vehicle, travel costs and childcare costs.
• Loss of earnings: if you or the person who was involved in the fatal road traffic collision were unable to work in the time before they passed away, then any loss of income will be included in your compensation claim.
• Loss of services that your loved one may have previously performed, such as childcare, caring for another adult, housework, gardening and DIY.
• Dependency losses: this is usually a major part of a fatal road traffic accident claim. If you and your family depended upon your loved one's income, then this will be considered. Your specialist fatal road traffic accident solicitor will calculate all long-term losses such as income, bonuses, loss of pension and any other employment benefits.

Can I make a fatal road traffic accident claim?

You might be unsure of whether you're eligible to make a fatal road traffic accident compensation claim on someone else's behalf. This is perfectly normal, and we can help.

Our advisors will offer advice and support and tell you whether you can make a fatal road traffic accident compensation claim. They'll ask you for information about when the accident happened, who was involved, who was at fault and what the impact was.

Losing a loved one is distressing and life-changing. We know that you might not be ready to talk about what happened. There's no pressure to make a claim - we'll take things at your pace.

If you decide to go ahead, we'll refer you to an expert personal injury solicitor who will carefully and sympathetically investigate how the accident has impacted your life.

Starting a fatal road traffic accident claim

In traumatic and distressing circumstances where a loved one has died following a fatal car accident, we know that compensation can't ever replace your loss.

No one expects to be told that someone close to them has passed away because of someone else's negligence.

But you shouldn't be left to deal with the impact it can have, without support and advice.

Whether your loved one was a driver, cyclist, passenger or pedestrian, we may be able to help you make a no win no fee compensation claim if their accident was someone else's fault.

Compensation can help you begin rebuilding the stability and financial security that enables you to cope with day-to-day life.

Your solicitor will calculate the compensation figure based on the impact of the bereavement, funeral expenses and the level of dependency of those left behind. They will explain everything you need to know, at a pace that's right for you.

If you've been affected in this way, call us on 0800 376 0150 for a confidential chat.

How long will it take to make a claim?

We don't know at the beginning how long it will take to conclude your fatal road traffic accident claim. This is because the circumstances and complexity of every accident vary. We also don't know at the beginning, whether the other side's insurance company will accept liability, which means we don't know if the claim will go to court.

After your fatal road traffic accident solicitor has investigated the details and submitted your claim to the other side, they'll start to get an idea of how long the process will take. They'll keep you informed every step of the way, as they build your claim for fatal car accident compensation.

How do I make a fatal road traffic accident claim on behalf of a loved one?

We understand that you may not be ready to talk yet. The shock of losing a loved one in a fatal car accident, due to someone else's negligence, can be overwhelming.

As soon as you feel ready, the first step is to contact us on or begin your claim online if you prefer. Unfortunately, there is a three-year limitation period for fatal claims, like all personal injury claims. Claims must be settled, or court proceedings started, within three years of the date your loved one died. However, our compassionate team will do the work for you, to ensure your claim is processed or finalised prior to the deadline.

If we think you're eligible to make a fatal road traffic accident claim and you wish to proceed, we'll refer you to one of our specialist solicitors. You can rest assured that you're in safe hands, as they have lots of experience. They'll take some more details and start to build your claim.

Road accidents and life-changing injuries

Not all serious road traffic accidents end so tragically. Sometimes, a road traffic accident, such as one involving a cyclist, pedestrian or motorcyclist, may lead to serious or life-changing injuries. In these cases, the key date to start proceedings or settle the claim is the date of the incident, or when a child reaches 21 years of age.

You may still be able to make a claim on behalf of your loved one, particularly if they're not able to do it themselves because they lack mental capacity to do so, whether or not this is because of the accident. .

We have more information about making a claim on behalf of somebody else here. Or you can visit our serious injury claims page to learn more about our work with life-changing injuries.