£1.2m awarded following a fatal road traffic accident

Compensation for a fatal accident amounting to £1,200,000 was awarded to a 45 year old woman and her three children following the death of her husband in 2008.

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Case details

Injury details

The deceased was riding a motorcycle normally on a main road. A van emerged from a side road into the path of the motorcycle.

The van cut the corner of the junction. The motorcyclist saw the van emerge and took evasive action. The motorbike skidded and collided with the side of the van. The rider could not avoid the collision.

The man riding was killed instantly.

An inquest returned a verdict of accidental death. Criminal proceedings were brought against the driver of the van.

The van driver was found guilty of driving without due care and attention. He was fined and banned from driving for 12 months.

Allegation

It was maintained that the van driver was negligent in emerging from the side road into the path of the motorcyclist.

Expert crash reconstruction evidence showed the motorcyclist had been driving safely and within the speed limit. It showed the van driver had cut the corner and caused the hazard.

It was alleged that the claimant and her three teenage children had suffered financial loss as a result of her husband's death.

The claimant and her husband were joint owners of a business. It was alleged that his death would cause the business to suffer financially.

Conclusion and settlement

Liability was admitted and the matter did not progress to Court.

Compensation of £1,200,000 was accepted by way of an out of Court settlement.

The compensation included damages awarded for the impact the death would have on the family business.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.