Husband settles civil claim after wife killed in Highlands crash

The husband of a woman who died in a Highlands crash said he remains saddened that the driver involved was not convicted.

Jane Davey, 59, was cycling with a friend on a rural road outside Inverness when she was struck by a car.

She was taken to hospital but sadly passed away the following day as a result of her injuries.

Police investigated but after a short time it was confirmed there would be no criminal action against the driver.

Jane’s family were left stunned so sought legal advice in the hope a civil action would shed light on the incident, answer the questions that were important to them and hold the driver accountable in ways the police did not.

Jane’s husband, James, said: “This was a source of profound frustration for our family. 

“How can someone be involved in a crash that claims a life and yet face no consequences?

“The law and the Highway Code makes it clear that the most vulnerable road user always has right of way and those in vehicles automatically have a greater responsibility of safety for others.

“This is why we are still at a loss as to the decision making of investigators and prosecutors.

“It seems to fly in the face of common sense, common decency and fair justice and that has been incredibly difficult for me and for everyone who loved Jane.

“Settling the civil claim at least ensures some justice and we now have a better understanding of what happened.”

Jane was struck by the car on Monday 30 January 2023.

She was cycling through Mains of Bunachton around 12.45 pm when she suffered injuries that claimed her life the following day.

Jane worked as a principal solicitor for Highland Council for 25 years and was a popular figure in the community so her untimely loss sparked an outpouring of grief and sympathy.

Tributes appeared online from friends, locals and her local sports club who renamed a squash court in her memory, while the local authority and justice officials also paid tribute.

James explained: “Jane was my wife, my best friend, the mother of our daughter and someone who meant everything to so many people.

“Friends continue to remember Jane for her warmth, kindness and dedication to those around her.

“Families who lose someone on the roads deserve clear answers.

“They deserve to know that every possible step has been taken to establish accountability but for me, there were always doubts about how decisions were made.

“That’s when I decided to start asking questions of my own.”

James first asked for legal advice when speaking to a local law firm while addressing Jane’s estate.

The lawyer explained they did not do fatal accident claims as it required specialist legal knowledge.

As Jane was a lawyer herself, James spoke to one of her former colleagues for a recommendation – the colleague recommended Digby Brown.

James was further assured when he saw that Digby Brown had contributed to a Brake bereavement support pack given to him by police family liaison officers.

He and his family later met with Sam Cowie, Partner in our Inverness office, who was able to help with a fatal cycling claim.

Although a prosecution needs evidence that proves a case beyond a reasonable doubt, a civil claim only needs to look at things on the balance of probabilities.

Sam was therefore able to gather the police evidence, get a supporting statement from Jane’s friend who was cycling with her, and obtain independent reports to build a case that showed that the crash was wholly avoidable.

The evidence was clear that the car driver failed to slow down to account for the road conditions and that, if she had done, the collision would have been avoided.

The driver’s insurance company denied liability – they claimed the driver was within the 60mph limit and had been blinded by the sun.

However, the Highway Code is clear that a driver must slow down and if necessary stop if they are dazzled by the sun.

At the pre-trial meeting the insurers agreed to settle the claim for an undisclosed sum.

James said: "People may think we now have closure and can move on but it doesn't work like that.

“You can’t just leave something like this in the past. Jane will always be in our hearts and minds.

“But the civil action did help me to make sense of things and provided some justice in holding the driver accountable for an accident that should never have happened. 

“Digby Brown helped make this possible and I’m forever grateful to Sam.

“I’m also very grateful for the advice and support provided by a Brake caseworker and would highly recommend their services to anyone who has suffered a bereavement following death on the road.

“Nothing will bring Jane back, but if speaking out helps another family to also seek the answers that we struggled to get, then at least something positive can come from this tragedy and what we've experienced.”