Driver Sues Dead Cyclist

Spanish Driver Sues Dead Cyclist

Click on the above link and read the article - tell me what you think. Imagine that the car driver was not speeding and only that he failed to see a cyclist who was riding at night with no reflective clothing and no helmet. (The driver in the article has not faced any criminal charges).

Is he right to want compensation for the damage to his vehicle from the dead cyclist's family?

If one car driver caused a collision with the other but died of his injuries, the other driver would claim against the dead person's insurance company being liable for the accident - not involving the dead man's relatives. However as this case involved a cyclist there is no insurance company to fall back on so he would naturally look towards the dead man's relatives for compensation.

You could however question why the driver has not claimed against his own insurance company. The article unfortunately does not provide full details of the accident, if the accident was solely the fault of the cyclist, why should the driver have to make a claim to his insurance company which would subsequently affect his premiums and any no claims bonus. Compare this with someone whose car is vandalised; their insurance is affected, yet they are not to blame - is this fair?

Personally if the cyclist was wholly to blame I do not blame the driver for making a claim although directing this at the cyclist's family appears insensitive, but it may be the only option. Even if the cyclist is only partly responsible the driver can still claim.

If this case happened in the UK, I think many home insurance policies cover liabilities relating to householders' actions and the driver would be able to claim against this.

List of Driving Offences

Please find below a table of motoring offences, their definitions under the Road Traffic Act (RTA) 1988 and the penalties they carry.

Please note:
1. All of the below offences could carry a fine.
2. Where two imprisonment sentences are stated these are either-way offences and relate to the outcome of either indictment/summary trial e.g. Dangerous Driving carries maximum 2 years imprisonment on indictment but 6 months maximum if tried summarily.
3. The below table highlights the possible implications of the driving offences listed - each penalty is subject to variation dependent on the individual circumstances of each case - seek legal advice.

Any questions please post.
Coming soon.... Alcohol Related Offences.

Offence	Definition	Penalty
Dangerous Driving	s2 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place	2 years/6 months imprisonment Obligatory disqualification exceeding 1 year 3-11 points
Causing Death by Dangerous Driving	s1 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place - must be proven that caused the death of another person	Maximum 14 years imprisonment Obligatory disqualification exceeding 2 years 3-11 points
Careless Driving	s3 RTA- Driving a mechanically propelled vehicle on a road/public place without (a)due care and attention or (b)without reasonable consideration for other persons using the road/public place	3-9 points discretionary disqualification
Failure to Stop	s170 RTA - Driver of a mechanically propelled vehicle on a road/public place must stop and give details if they have had an accident	6 months imprisonment 5-10 points discretionary disqualification
Failure to Report an Accident	s170(4) - Driver of a mechanically propelled vehicle on a road/public place must if they have an accident report the matter to police as soon as reasonably practicable and in any event within 24 hours	6 months imprisonment 5-10 points discretionary disqualification
No Insurance	s142 RTA - Using (or causing/permitting to be used) a motor vehicle on a road/public place when there is no policy in force against Third Party risks	Fixed penalty fine 6-8 points discretionary disqualification
Driving While Disqualified	s103 RTA - Driving a vehicle on a road whilst disqualified from holding or obtaining a licence	6 months imprisonment 6 points fine discretionary disqualification