A fatal road traffic accident is when one or more people die due to an accident on the road. The fatality could be the driver, a passenger, a pedestrian, a cyclist or a motorbike rider, but when any road user dies, it is termed a fatal road traffic accident. 

If you lose a loved one in a road traffic accident, you may have a fatal road traffic accident claim. Those left behind after a fatal accident may have a compensation claim if the fatal road traffic accident was not wholly the fault of the deceased. 

If you have lost a loved one and your life, and that of other dependents, is impacted by a fatal road traffic accident, a compensation claim seeks financial redress for the impact and financial losses today and in the future.

When you have lost a loved one in an accident that was not their fault, The Personal Injury Team No Win No Fee solicitors can file your compensation claim for the money you deserve.

Fatal Road Traffic Accident

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What is a fatal road traffic accident claim?

A fatal road traffic accident claim seeks compensation for those left behind when a loved one is killed in a road traffic accident that was not wholly their fault. 

You could lose a loved one who was out exercising, taking a walk or driving home on a busy road, but if the fatal road traffic accident was not their fault, those left behind could have a fatal road traffic accident claim. 

There were more than 1,700 fatal road traffic accidents in the UK in 2022. A lot of people are left behind after so many fatal road traffic accidents and may suffer severe financial losses due to the death of a loved one. 

The No Win No Fee Personal Injury Team solicitors can seek compensation for those left behind after losing a loved one in a fatal road traffic accident that was not their fault.

Who can make a fatal road traffic accident claim?

The dependents of the deceased may be able to make a fatal road traffic accident claim. The Fatal Accidents Act 1976 allows the dependents of the victim in a fatal road accident to claim compensation if the loved one was killed in a road traffic accident that was not their fault or only partially their fault. 

Under the act, a dependent is defined as:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives
Who can make a fatal road traffic accident claim

If you are one of the listed above, you may be defined as a dependent if you were partially or fully financially dependent on the person killed in the fatal road traffic accident. 

When a person is killed in a fatal road accident that was partially their fault, it is still possible to pursue a claim. With contributory negligence, the dependents may still be able to claim compensation, but the amount awarded may be reduced according to the portion of blame attributed to the deceased. 

The No Win No Fee Personal Injury Team can look at your case and see if you have a valid claim for compensation when you are a dependent of someone killed in a fatal road traffic accident.

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Fatal road traffic accident compensation claim

A fatal road traffic accident compensation claim seeks compensation for the damages suffered by dependents after the death of a loved one in a road traffic accident. 

Dependents of those killed in a fatal road traffic accident will suffer an emotional and financial impact on their lives today and in the future. A fatal road traffic accident compensation claim can seek damages from those responsible for the accident. 

Dependents can also claim compensation in a fatal road accident for the pain, suffering and loss of amenity endured by their loved one in the time between the accident and death. 

Compensation amounts seen in fatal road accidents for suffering before death:

  • Periods of consciousness and death within three months, up to £23,810
  • Unconsciousness and death within two weeks, up to £10,670
  • Unconsciousness and death within six weeks, up to £4,390
  • Immediate unconsciousness and death within one week, up to £2,790
  • Mental anguish over fear of death, up to £4,670
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(The figures given here are for General Damages amounts only. Dependents may also receive compensation for any financial losses due to the fatal road accident. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.)

You may be in line for a payment under the Statutory Award for Bereavement.

Statutory Award for Bereavement

If you lose a loved one in a fatal road traffic accident, you may be in line to claim a payment under the Statutory Award for Bereavement provisions. 

You can claim this award separately from any other compensation claim you may make. 

You may qualify to claim under the Statutory Award for Bereavement if:

  • You are a spouse or civil partner of the deceased
  • You lived with the deceased for two years before death as a husband, wife, or civil partner.
  • You are the parents of a deceased child who was under the age of 18

The bereavement award was increased to £15,120 in May 2020, but the new amount is only awarded in fatal road accidents after that date. 

If both parents claim for a child under 18, the award is split between the two of them.

What are you compensated for in a fatal road traffic accident claim?

You, a dependent, are broadly compensated for two types of damages in a fatal road traffic accident claim. 

The amount of compensation awarded for a fatal road traffic accident claim is the total of these two types of damages.

If a loved one suffers an injury in a road traffic accident which in time leads to their death, they may endure a period for which a dependent can claim General Damages for PSLA, the Pain, Suffering and Loss of Amenity experienced directly from the personal injury suffered in the accident.

They may suffer Pain as a direct result of injury in the road traffic accident. You claim for the pain suffered from the likes of shattered hips, facial lacerations, and internal organ damage experienced before their death due to the fatal road traffic accident.

They may experience Suffering from the injuries such as damaged internal organs received in the road traffic accident, and the suffering may last months or years before they pass away.

They can also claim for the Loss of Amenity in the deceased’s daily life, before death, such as difficulty or restriction in walking, sitting, playing sports, and sleeping from the injury suffered in the fatal road traffic accident.

Dependents may also seek compensation for Special Damages in a fatal road traffic injury claim to cover costs today and any future financial losses. 

These could include funeral costs, loss of earnings, care costs, medical treatment incurred or other financial dependency.  You can also claim for specialist rehabilitation, aids, adaptations, and any other out-of-pocket expenses you have incurred while caring for a loved one who later passes away due to a fatal road traffic accident.

The loss of income for the dependents from the loved one killed in a fatal road traffic accident can form a significant part of a compensation claim. If dependents relied on the income of the deceased, they may be able to claim for the loss of the financial dependency. They may also be a “loss of services” claim to replace the “services” provided by the deceased to others. 

Your No Win No Fee Personal Injury Team solicitor can advise you on what compensation claim you may be able to make when you lose a loved one after a fatal road traffic accident.

Common Fatal Road Traffic Accident claims

Common fatal road traffic accidents range from a fatal car accident claim to a fatal pedestrian accident claim to a fatal motorcycle accident claim. 

If you lose a loved one in a fatal road traffic accident, you may have a fatal road traffic accident claim for compensation. 

Common fatal road traffic accident claims are:

Common Fatal Road Traffic Accident claims

Fatal car accident claim

A fatal car accident claim is when the driver or a passenger is killed when their car is in a road accident. The accident may happen on a side street, an A road or a motorway and could involve one or more vehicles. 

A fatal car accident can happen when:

  • The car is hit by another vehicle at a junction
  • The car is in a collision with a tree or a wall
  • The car is in a multi-car accident on the motorway

If you lose a loved one in a fatal car accident, you may have a road traffic accident claim for compensation.

Fatal pedestrian accident claim

A fatal pedestrian accident claim is when a walker, runner or child going to school is killed when hit by another road user. A pedestrian is very vulnerable when on or close to the road, and many fatal road accidents involve a pedestrian. 

A fatal pedestrian accident can happen when:

  • The pedestrian is crossing at a road junction
  • The pedestrian steps on the road to avoid an obstruction
  • A car mounts the footpath at speed

A No Win No Fee personal injury solicitor can make a fatal road traffic accident claim for the dependents of the pedestrian.

Fatal motorbike accident claim

A fatal motorbike accident is when a motorbike rider or passenger is knocked off their bike and killed. Motorbike riders and passengers are vulnerable road users like pedestrians, and the slightest tip from a car, truck or bus can cause a fatality. 

A fatal motorbike accident can happen when:

  • The motorbike is ‘doored’ by a car user
  • The motorbike is hit by a car coming out of a private driveway
  • The motorbike is hit by a bus when turning at a junction
  • The motorbike is not seen by the driver of a vehicle pulling out onto a main road

The driver may claim not to see the motorbike rider, but dependents may have a fatal road traffic accident claim. Failure to see a motorbike may in itself be negligent.

Are you eligible for compensation?

If you want to pursue damages for the accident you have suffered, we have a simple 3 step process to make sure you get the compensation you deserve.

  • Take our online assessment & speak with our team
  • Our team of claim specialists will undertake a full case review
  • We will send a legal letter and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Fatal cyclist accident claim

A fatal cyclist accident claim is when a bike user is knocked down and killed while using the roads. A cyclist has little protection when exercising or commuting on the road and may be killed in only a minor accident. 

A fatal cyclist accident can happen when:

  • The cyclist is ‘doored’ by a car user
  • A cyclist is hit by a car, truck or bus when negotiating a corner
  • A clip from another road user knocks them off their bike

The No Win No Fee personal injury solicitor may make a compensation claim on behalf of the dependents of the cyclist killed in a road traffic accident.

Fatal E-bike or E-scooter user accident claim

A fatal E-bike or E-scooter user accident claim is when a rider is knocked off their E-bike or E-scooter by another road user. E-bikes and E-scooters are becoming very popular, but road users may not always pay them full attention. 

A fatal E-bike or E-scooter accident can happen when:

  • The rider is run over by a truck, bus, or car on the road
  • The rider is knocked off their E-bike or E-scooter and hits the pavement
  • The E-bike or E-scooter rider is hit by a speeding car at a junction

Road users are owed a duty of care by other road users. If another road user breaches that duty of care, resulting in a fatal road traffic accident, then the dependents may have a fatal road traffic accident compensation claim. 

A No Win No Fee personal injury solicitor can make the fatal injury claim on behalf of the dependents and get them the compensation they deserve for their loss.

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Hit and Run fatal road traffic accident

A hit-and-run fatal road traffic accident is not unusual in the UK, but the dependents of the loved one left behind can still make a road traffic accident claim. The dependents make a claim to the Motor Insurance Bureau. 

The Motor Insurance Bureau, MIB, was founded in 1946 to offer compensation to those killed and injured in hit-and-run road traffic accidents. The fund may be able to make a payment when the hit-and-run driver is not found or could be uninsured. 

If you are the dependent of someone killed in a road traffic accident involving a hit-and-run driver, you may claim against the MIB fund. 

The MIB levies all motor insurance policies in the UK to build the fund and to keep it capable of financing the claims against it each year. 

Dependents may make a claim against the Motorists Insurance Bureau fund when they lose a loved one in a hit-and-run fatal road accident.

The dependents can claim for the likes of funeral expenses or for the medical care a loved one needed before passing away. If the dependents relied on the deceased for financial support, you may also be able to make a fatal road traffic accident claim against the MIB. 

A No Win No Fee personal injury solicitor can help dependents claim against the Motor Insurance Bureau fund for compensation after a fatal road traffic accident.

Hit and Run fatal road traffic accident

Make a Fatal Road Traffic accident claim today

Make a fatal road traffic accident claim today using our online assessment tool to determine how much you can claim for your loss. The death of a loved one and income earner in a road traffic accident could affect you for life, and you may be able to claim compensation for the damages involved. 

The Personal Injury Team FREE online assessment tool will put you in direct touch with one of our team, who will give you a full rundown of what can happen with your fatal road traffic accident claim. 

Compensation amounts for fatal road traffic accident injury claims vary, and expert advice from one of our team members can help you with an idea of compensation for the loss of a loved one in a fatal road traffic accident.

Only by contacting one of our team will you get a fatal road traffic accident claim up and running today. Our team can help with applications to the Bereavement Fund, and we know how to work with the MIB to get dependents the compensation they deserve. 

Contact your Personal Injury Team today for immediate and expert advice on fatal road traffic accident claims tailored to you.

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