Driving Without Due Care And Attention – Killed My Mum!

Question:

My mum was killed in a car crash 16 years ago and because the woman involved refused to say how it happened the police could only give her a six month ban and a small penalty fee.

Is this correct and as a grieving family what compensation could we have claimed?

It is an event that will never leave us and to have clarification might be the link to leave part of this behind us.

Many thanks

 Emma Says:

I am sorry for your loss.

Without any witnesses other than the driver the police would find it very difficult to prove anything other than driving without due care and attention. They would need witness evidence about the standard of her driving or a full and frank confession.

If the woman remained silent on what actually happened then the police would not be able to charge her with anything more than driving without due care and attention. This does not carry a sentence of imprisonment and can only ever be dealt with by way of fines and penalty points or a ban.

The punishment is always related to the degree of negligence in the driving standard rather than the outcome/injuries caused. The woman driver was punished for the standard of her driving rather than for resulting death of your mother.

The court punished her rather than the police. The police do not sentence people.

I cannot advise on the compensation side of things. You need a civil lawyer on that front.