£700,000 Compensation for Family Following Fatal Road Traffic Accident

To honour client confidentiality, we will refer to our client as Mr C for the purpose of this case study.

Case Background and Accident Circumstances

Mr C aged 50 at the date of the accident died in a tragic road traffic accident which occurred on 1st October 2011. The claim was brought by the Mr C's wife, who at the time was appointed Administrator of his estate and as the claimant.

The accident occurred on a road with a maximum speed limit of 50 mph (miles per hour). The Defendant, driving a tipper lorry was performing a turn into a quarry entrance when he misjudged the turn and left his vehicle straddling across double white lines onto the opposite side of the carriageway, just before a blind bend.

The Defendant failed to provide any warning to approaching vehicles of the obstruction.

Mr C was riding his motorcycle at this time in the opposite direction and was confronted by the lorry on his side of carriageway whilst coming around the blind bend. This caused Mr C to take evasive action by sliding his bike along the road but he was unable to avoid the lorry resulting in his body impacting with the rear wheels of the tipper lorry and thereby sustaining internal injuries that proved to be fatal.

Establishing Liability

It was found that the Mr C was travelling at 60 mph despite there being road signs in the area to warn drivers to slow down on the approach to the blind bend.

Mr C suffered fatal thoracic injuries as a result of the accident. He remained conscious for approximately 20 minutes following the accident, during which time, Mr C would of been in pain and distress.

The ambulance attempted resuscitation at the scene however, Mr C tragically died within the hour from cardiac arrest.

Primary liability was admitted for the accident at an early stage and was subject to allegations of contributory negligence.

How did Mr C's compensation claim breakdown?

A total settlement was agreed in the sum of approximately £875,000 during a Settlement Meeting broken down into the following categories:-

  • £16,500 to the claim made on behalf of the estate of Mr C under the Law Reform (Miscellaneous Provisions) Act 1934
  • £858,500 to the claim of the dependants under the Fatal Accidents Act 1976
  • Reduced to reflect an element of contributory negligence

At the time of the accident, Mr C left behind his wife and two children. He was also the sole directory and majority shareholder in a growing company.

The matter was settled at a Joint Settlement meeting with a total sum of £700,000 after taking contributory negligence into account (totalling a loss of £121,500).

Although exact breakdown figures were not provided the opposing either party, we estimate that the claim was broken down into the below categories:

  • £1,500 to cover Pain, Suffering and Loss of Amenity
  • £190,000 to cover Bereavement Award and Past Losses
  • £668,500 to cover Future Losses (includes dependency on earnings, pension and services)

Contact Fatal Accident Solicitors

Our specialist team can provide you with professional advice to help you overcome any difficulties you face resulting from the loss of partner or any family member.

If you wish to make an enquiry with us or simply need any more information, you can either complete our short online enquiry form or feel free to call us on 08000 93 00 94.

Please visit our Fatal Accident Claims page for more information on how to make a claim.

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