Can a driver who has killed a person in a road traffic accident / hitting them from behind at speed. Escaped prison as it was his 'SLEEP APNEA' that was proved to be the cause continue to drive?Is it possible for the family to bring a case against the driver for compensation?
Province/Country relating to question : UK
it is a very complicated situation where by the driver responsible is claiming compensation from his employers as he has gone for unfair dismissal and has his driving licence back. He is the one to blame but seems to be the winner which is immoral as a family has lost grandmother.
Do you know what he was charged with ? Causing death by dangerous driving or careless driving?
He was charged with dangerous driving but was aquitted on the grounds of suffering from sleep apnea ( OSA )
If he was acquitted then its game over Im afraid. If a person is acquitted there can be no punishments. Jurors are free to acquit for that reason or for any reason they think is appropriate.That does not mean that he cannot be sued in the civil courts though. There is a lower standard of proof. Also, he will be insured so his insurance company should pay the award. Obviously I would need to know more about the nature of his defence to say whether he will get his job back. He may do. If the claim is that they forced him to drive more hours than the law allows causing fatigue then he may very well have a claim against them.
Bar Exams, over 5 years in practice
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