Death or Injury by Careless Driving
Causing Death or Serious Injury by Careless or Inconsiderate Driving
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Causing death or serious injury by careless or inconsiderate driving are very serious offences that often result in significantly more severe penalties compared to other instances of careless driving.
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If you have been charged with causing death or serious injury by careless or inconsiderate driving it is vital you get in touch with an experienced motor offence lawyer without delay.
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If this has occurred, Joe Rawlings understands you will be feeling anxious about your and your family’s future, which is why, as a road traffic solicitor, Joe is committed to providing the highest level of care and legal advice during this time.
What is causing death or serious injury by careless or inconsiderate driving?
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This offence is committed if you are driving in a manner that falls below the standard expected of a competent and careful driver and this causes the death or serious injury of another person.
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The difference between this offence and the more serious offences of causing death or serious injury by dangerous driving is the standard of driving.
For causing death or serious injury by dangerous driving, the standard of driving must fall far below what would be expected of a competent and careful driver.
Causing death or serious injury by inconsiderate driving
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This offence is committed if you are driving in a manner which may cause inconvenience to other people yet at the same time causes the death or serious injury of another person. Again, it must be shown that the standard of driving fell below what would be expected of a competent and careful driver.
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Causing death through careless or inconsiderate driving when under the influence of drink or drugs.
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This offence is committed when you drive carelessly (below the standard expected of a competent and careful driver) or inconsiderately (causing inconvenience to other road users) while unfit to drive due to alcohol or drug use, and this causes the death of another person.
What are the penalties for causing death or serious injury by careless or inconsiderate driving?
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The maximum penalty for causing death or serious injury by careless or inconsiderate driving is five years’ imprisonment.
Convicted drivers will also face a mandatory minimum one-year disqualification or between 3 and 11 licence points where the court believes disqualification is not appropriate in the circumstances.
If drink or drugs are found to be involved in the commission of this crime, the penalties will be more severe.
Conviction for death by careless driving when under the influence of drink or drugs can result in a prison sentence of up to 14 years and/or an unlimited fine, a mandatory disqualification of at least two years – three years if you have previously been convicted of another relevant offence – and an extended driving retest.
Things to know if you are charged with causing death by careless or inconsiderate driving.
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There is no automatic assumption that you were driving carelessly or inconsiderate manner.
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Simply being involved in an accident which caused another person’s death does not automatically mean that you were driving carelessly or inconsiderately, so you will not automatically be charged with an offence. Prosecutors have to prove that you’re driving fell below the standard expected of a competent and careful driver or was such that it inconvenienced other people.
Your driving does not have to be the only cause of death.
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Your driving does not have to be the only cause of another person’s death for you to be charged. You can be charged if prosecutors can show there was more than a light link between your careless or inconsiderate driving and the person’s death.
The court will consider aggravating and mitigating factors.
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The court will consider numerous factors take various factors when deciding the level of your culpability.
Circumstances that will increase the seriousness of any such offence will include whether you as the driver caused the death of more than one person and where other associated were committed at the same time.
Mitigating factors might include, if the deceased is a relative or close friend of yours or you have suffered serious injury yourself. The latter features will reduce the level of sentence.
If it was just a case of a momentary lapse of concentration you will likely receive a lower sentence. However, if you’re driving falls slightly short of dangerous driving, you will be facing a more severe sentence.
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Why instruct Joe Rawlings?
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If you are facing legal action for suspected causing death by careless or inconsiderate driving, it is likely that expert evidence such as accident reconstruction, scale plans and speed calculations will be required. This is why finding a solicitor with experience in these areas is so important.
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Joe Rawlings is an experienced driving defence lawyer with over 25 years’ experience in handling careless driving cases.
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If you have been involved in an accident which has resulted in the death of another person and are facing charges for causing death by careless/inconsiderate driving, contact Joe immediately.
Joe Rawlings is a specialist Motoring Offence Lawyer who will safeguard your interests and support you and your family through the investigations.