Long story short, some little scrote pulled out of the line in his car, side-swiped her into a wall and left the scene. Apparently, he ‘panicked’ and was ‘very sorry’, but it wasn’t his fault, but my ‘speeding’ wife. I’ve just sat through a two-week trial in the criminal court and the Jury has just found him not guilty of causing death by careless driving.
I was pinning all my hopes on this case and for bringing a claim for me and my two young daughters. My wife was the brains in our house and the main ‘breadwinner’ so we are struggling financially. The Police and CPS apologised for the outcome but said the Jury has made its decision and that’s it.
The CPS barrister said I now need to speak to another type of lawyer. A civil lawyer as the car was insured or something!? Can you help explain things? I’m really confused. I am devastated and don’t know which way to turn.
Answer
I am very sorry for your loss. Having represented a great deal of bereaved families over the years, not only is the loss of a loved one utterly devastating, but also you then have to deal with the legal system, which can be very slow and confusing.
To assist, in simple terms, the Police’s job was to gather the evidence and the Crown Prosecution Service (CPS) then presented that evidence, on behalf of the State, against the car driver in the criminal court. The car driver will have then defended the case and managed to raise ‘reasonable doubt’ that he was not driving without due care and attention, and the Jury found him not guilty in the criminal court.
That is the end of the criminal case. Why the CPS barrister has recommended you speak to a civil lawyer is because despite the not guilty verdict, you may be able to bring a claim in the civil court (this is different to the criminal court) for compensation following the death of your wife.
The legal test in the civil court is lower, so if you can ‘prove on the balance of probabilities’ the car driver was negligent, in full, or even in part, you will be able to recover some compensation from him/his car insurer.
However, these cases can be complicated with regards to both liability and working out their value, so you do need to speak to a specialist solicitor ASAP. I say this because under the law you only have three years from the date of the accident to have either settled your claim or to have issued Court proceedings.
Bearing in mind the accident happened ‘just over two years ago’, you do not have long to get legal advice and get your case in order if you are able to settle this, or if you have to issue Court proceedings. I cannot stress enough that you should not delay in finding a solicitor as time is of the essence.
Andrew ‘Chef’ Prendergast
More Bikes – June 2024
