What is 'careless' driving?
Someone's driving will be considered careless if the standard of driving falls below the reasonable standard expected of a competent driver. Any of the following factors will aggravate the offence:
- failing to comply with road traffic signals
- speeding at the time the collision took place; or at a speed which was inappropriate for the weather or road conditions
- driving under the influence of drugs or alcohol (including prescription medication)
- using a mobile phone whilst driving
- undertaking or tailgating another vehicle at the time the accident took place
Over the course of the investigation the prosecution must establish that your driving fell below the reasonable standards of a competent driver and will investigate the circumstances surrounding the death. Any aggravating factors will result in a more severe punishment which the court can impose. The court will use the Sentencing Council's Guidance to determine the level of seriousness. You can view the Sentencing Guidelines here.
What is Death by Careless Driving?
Causing Death by Careless Driving refers to a driver causing the death of another person through a careless or negligent act. This can include driving while distracted, driving at speed, or failing to observe the road conditions. If convicted of death by careless driving, the driver can face a range of penalties. In most cases involving death by careless driving an offender will be sent to prison, along with receiving a lengthy disqualification from driving.
Our solicitors have extensive experience in representing defendants who have been involved in road traffic accidents that have sadly resulted in a fatality and are facing charges for causing death by careless driving. We are often asked to assist clients who have already, at some time, during the course of an investigation or Court proceedings instructed solicitors and are experienced in dealing with the transfer of a case from a previous Solicitor.
If you've been involved in accident which has caused the death of another person, you could be facing charges for death by careless/inconsiderate driving. Under Section 2B of the Road Traffic Act 1988, it is an offence to cause death by driving without due care and attention. Causing death by careless driving is a very serious offence and can be life changing, not just for the defendant but also for the defendant's family.
The death and the circumstances surrounding the death of a person following a road traffic accident will be investigated thoroughly. These investigations can take several months and can be a very stressful time for everyone involved. If during the investigation stages, you are asked to attend a police interview under caution, it is vital you have a solicitor present.If you have been asked to attend a police interview, contact our office on 0151 422 8020.
To be prosecuted for causing death by careless driving the Prosecution will have to prove two things; that a death has occurred; and that the death was a result of careless driving.
Penalties for death by careless driving
Dependent on the circumstances of the case, if you're found guilty of causing death by careless driving, you could be facing a sentence of up to five years imprisonment and a disqualification from driving for a minimum of 12 months. The court also have the discretion to order that an extended driving test be taken by the person convicted of the offence.
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 or dangerous driving, call MAJ Law now for free initial advice on 0151 422 8020.
