Husband Motorway Death Claim: Car Crushed By Lorry On A Motorway
In this Q&A – we discuss both what compensation can be claimed for death and who can claim when a husband is killed in a motorway accident leaving a dependent wife and young children.
- Husband Motorway Death Claim: Car Crushed By Lorry On A Motorway
DESCRIPTION – Husband’s Death In A Motorway Accident
A year ago – my husband was driving his car on the inside lane of the M3 motorway in Hampshire heading towards London. The weather conditions that day were both wet and blustery.
An articulated lorry attempted to overtake in the middle lane and lost control in the wind swerving into my husband’s car – knocking him off the motorway and crushing the car.
The police and ambulance attended at the scene. My husband was pronounced dead.
I believe the lorry driver is being prosecuted for death by careless driving.
We have two young children and am a housewife, so we were all dependent on my husband’s income.
Is there anything we can do to claim compensation for the death of my husband?
SHORT Q&A – Claim For Death Of Husband By Wife And Children
Q: What can my young children and I claim if my husband is killed in a motorway accident and we were a;l dependent on his income?
A: Generally - you will be able o claim: 1) A bereavement loss. A sum divided between the wife and children for the loss of a husband and father' 2) Financial dependency claim - a sum to compensate you for teh contribution made from your husband's income to maintain teh family; 3) Funeral expenses - a sum towards the costs of your husband's funeral.
DETAILED SOLICITOR RESPONSE – Fatal Accident road accident claims
From the description you have provided:
Lorry driver and employer liability
It seems clear that liability for the accident rests with the articulated lorry driver or his employer. It was clearly a driving error by the lorry driver that caused the collision.
Should the lorry driver have been employed then that employer will likely be responsible for any compensation claim through a legal doctrine known as vicarious liability.
A Successful Criminal Prosecution Supports Your Claim
The burden of proof in criminal matters is higher than that in civil personal injury claims.
Therefore – if a successful criminal prosecution occurs your personal injury claim for the death of your husband in a motorway accident can rely on the prosecution as evidence to support proof of liability.
Motor insurance paying compensation
Suitable motor vehicle insurance will no doubt be in place to meet liabilities for injuries and losses to third parties. Both you (as the deceased’s wife) and your children – have a loss and as such will be considered relevant third parties.
Claim from the MIB if no motor insurance
Even if motor insurance was not in place – the Motor Insurers Bureau will step in to meet the liability of a claim.
Types of compensation you can claim
You and your children will be entitled to claim compensation for a number of heads of damage, including:
Bereavement Loss
The pain for the loss of a loved one is known as a bereavement loss. This is typically one fixed sum that is divided amongst the entitled parties.
Rest assured – you as the wife / spouse will have entitlement.
See our fatal accident bereavement loss article for a fuller description of entitlement and payout amounts.
Financial Dependency Loss Dependent On Husband’s Income
Loss of dependency payout is based upon your husband’s income and the financial contribution he made to your household.
Therefore, a proportion of his income is considered payable in compensation, so as to maintain the spouse (wife) and another proportion for the children’s upkeep (especially when still minors).
See our fatal accident dependency loss article for more details.
Funeral Expenses
A fixed sum is generally payable as compensation for the cost of your husband;s funeral.
Vehicle damage / write off
There may be other expenses that can be claimed in essence by your husband’s estate. These might include the write off value of the vehicle (or repair costs if cheaper).
Fatal road accident compensation claim process
See both our fatal accident and road accident claim articles to find the process for claiming compensation for death of a husband in a road accident.
FREE Lega Help
If your family member is involved in a fatal accident then you can use our free telephone / online solicitor help.
You can not only call direct to discuss your husband’s motorway accident with a solicitor and arrange a callback at your convenience, but also ask a question or have your motorway death claim assessed.
