Case Study: £800,000 Settlement for Family of Cyclist Killed by Drug Driver

Ben Posford

Overview

Osbornes Law secured £800,000 in compensation for the widow of Joe Burton, a 33-year-old cyclist who was killed by an uninsured drug driver in Southampton in July 2021. The case was brought through the Motor Insurers’ Bureau under the Uninsured Drivers’ Agreement, and required cross-border evidence to address Joe’s pension entitlements based in Australia. Ben Posford, Head of Catastrophic Injury, led the claim.

The collision on Hill Lane, Southampton

On the evening of Friday 23 July 2021, Joe was cycling home from a barbecue along Hill Lane in Southampton. Just before 10pm he was struck from behind by a car driven by Kornel Marcinek. Joe sustained serious injuries and was taken to Southampton General Hospital. He died the following day.

Marcinek was 25 and had only recently passed his driving test. He had smoked cannabis earlier that day. Just 21 seconds before the collision he had used his phone to text a friend. Hampshire Police later established that he was driving at between 37 and 40 mph on a road with a 30 mph limit. He was uninsured.

The driver’s prosecution

Marcinek pleaded guilty to two offences: causing death by careless driving while over the specified limit of a controlled drug, and causing death while uninsured. In August 2022, Southampton Crown Court sentenced him to 21 months in prison and disqualified him from driving for two years and ten months.

Joe’s mother Christine spoke publicly about the loss, urging others to “talk about them, do healthy pursuits, don’t take intoxicating substances”. Joe’s widow Anna described him as “an amazing person who was loved by everyone he met”.

About Joe Burton

Joe was one of a small number of people who had agreed to be snowed in over winter at a British scientific establishment in the Antarctic, working as an electrician. He had recently married Anna in the months before his death.

Building the fatal accident claim

Because Marcinek was uninsured, the civil claim was brought against the Motor Insurers’ Bureau under the Uninsured Drivers’ Agreement. The MIB acts as the safety net for victims of uninsured and untraced drivers and pays compensation in cases where there is no insurer to claim against.

Claims under the Fatal Accidents Act 1976 allow eligible dependants to recover the financial support the deceased would have provided, the practical services they would have given, and a statutory bereavement award. Joe’s pension entitlements were held in Australia, which required cross-border evidence from Australian counsel and pension actuaries to properly value the dependency claim.

Ben Posford instructed Jeremy Crowther of Deka Chambers as claimant counsel. Detailed expert evidence was obtained on Joe’s lost earnings, lost pension provision and the financial dependency Anna had on him.

The £800,000 settlement

The matter resolved for £800,000, covering Anna’s financial and services dependency, the statutory bereavement award and case costs. The settlement gave Anna a degree of financial security after a devastating and senseless loss.

Press coverage

• Hampshire Police: Man jailed following fatal collision on Hill Lane, Southampton
• Portsmouth News: ‘Selfish and thoughtless’ drug driver jailed after killing cyclist in Southampton
• road.cc: Drug driver sentenced to 21 months in prison for killing cyclist
• road.cc: Cyclists call for safer infrastructure after drug driver sentenced

How we can help

Our personal injury team has substantial experience of cycling accident claims, fatal accident claims and claims against uninsured or drivers through the Motor Insurers’ Bureau. We act for families across England and Wales and have particular experience of cases with cross-border elements, including international pensions, foreign witnesses and overseas dependants.

To contact us:

• Fill in our online enquiry form; or
• Call us on 020 7485 8811.