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On average there are five deaths per day caused by road traffic accidents in the UK. Some of these deaths are tragic accidents where there is no direct accountability; however, there are some instances where blame can be attributed to a third party.

Recently, it was reported that the family of a man who was fatally injured in a road traffic accident are to receive compensation for loss of society.

In August 2013 Vincent Kennedy was involved in a road traffic accident whilst travelling along the A85 at Connel in Argyll. He was a passenger in a car being driven by his partner, Veronica Mackenzie. As she approach a bend in the road her car began to skid, Ms Mackenzie steered her car in the opposite direction causing a collision with another vehicle resulting in two deaths, one being Mr Kennedy. Ms Mackenzie also sustained serious injuries in the accident and was hospitalised for some time following the crash.

The family of Mr Kennedy raised proceedings against Ms Mackenzie arguing that Mr Kennedy’s death was due to her negligence. She denied the allegations, stating that she had been driving with due care and attention and was unable to prevent the accident. However, due to her injuries, Ms Mackenzie had no memory of the accident.

The dispute was on-going and the case proceeded to a civil trial. Evidence from a police officer was heard, who stated that Ms Mackenzie had "failed to negotiate a gradual left hand bend although the exact reason for this is not known". However, "in the absence of any vehicle fault, road defect or involvement with any other vehicle, the cause of this must be driver error." 

Following the trial, the judge, Lord Uist found Ms Mackenzie liable for the loss injury and damage suffered by Mr Kennedy’s family following his death.  

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