Motoring Law
Causing Death by Dangerous and Careless Driving
Most people who are accused of causing death by dangerous or careless driving have never expected to be in that position.
Motoring Law
Causing Death by Dangerous and Careless Driving
When a collision leads to a fatality, the legal consequences for the person accused can be life-changing. In England and Wales, two of the most serious driving offence charges are:
- Causing Death by Dangerous Driving – contrary to Section 1 of the Road Traffic Act 1988
- Causing Death by Careless Driving – contrary to Section 2b of the Road Traffic Act 1988
Both allegations require the prosecution to prove: (i) the standard of driving was either dangerous or careless; and (ii) that the driving caused the death of another. In either case, the sentencing options available to the court are serious and considerable, and can result in lengthy custodial sentences.
Why you need specialist representation
- Lengthy custodial sentences are a real possibility
- Complex expert evidence is almost always involved
- The distinction between dangerous and careless is frequently contested
- Early instruction of solicitors is critical
- Martin Cray has extensive experience in serious motoring cases
The Offences
What Is Death by Dangerous Driving?
A person commits an offence of causing death by dangerous driving if they cause the death of another by driving a mechanically propelled vehicle dangerously on a road or other public place.
Dangerous driving is assessed objectively. In essence, it is any driving that falls far below the standard of a competent and careful driver, where it would be obvious that driving in such a manner would be dangerous.
Typical examples of dangerous driving include significantly excessive speed, prolonged distraction (such as phone use), racing or competitive driving, impairment through drink or drugs, evading police or highly dangerous manoeuvres.
What Is Death by Careless Driving?
- Careless driving falls below what would be expected of a competent and careful driver (as opposed to 'far below')
- Can arise from a brief avoidable distraction, an unsafe manoeuvre, or a momentary lapse of concentration
- The key difference: 'below' vs 'far below' the standard of a competent driver
- The line between careless and dangerous is one of the most contested issues in fatal collision prosecutions