Causing Death by Careless Driving Solicitors

If you are under investigation for Causing Death by Careless Driving, contact our expert motoring offences solicitors without delay.

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Causing Death by Careless Driving
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Facing an allegation of causing Death by Careless Driving?

In almost every case involving the offence of causing death by careless driving, the police will want to interview the driver. It is imperative to have legal representation present during this critical stage at the police station.

How you approach the interview can be the difference between being charged or the police deciding to take no further action. Therefore, it is extremely important to seek expert legal advice as soon as possible. By contacting JHR Solicitors early on, we can ensure you receive the best possible guidance from the outset of the process.

If you are charged with this serious offence, various factors must be carefully evaluated, including the strength of the Crown’s evidence and the option of instructing our own expert to challenge the police’s findings. Every case is unique and should be assessed on its individual facts, but it is vital to identify and explore any potential defences as early as possible.

The offence of Causing Death by Careless Driving

The offence of Causing Death by Careless Driving often arises out of a split-second occurrence which has devastating consequences for all involved.

There are numerous examples of careless driving which include simple, momentary lapses in concentration. The legal threshold for proving that someone’s driving is “careless” is set very low and therefore even a split-second mistake can be considered as “careless” and therefore capable of meeting the threshold.

The second element of the offence that must be proven is that the driving caused the death of the other person. The CPS are required to demonstrate that the driving was more than a “trivial” cause of the death. There are some cases in which alternative pathologists can be instructed to scrutinise the conclusions of the original post-mortem, or a second post-mortem can be requested, however such instances are relatively rare.

Most drivers that find themselves charged with such an offence have never had any involvement with the police before, which makes for an even more harrowing experience.

Sentencing for Causing Death by Careless Driving

Depending on the specifics of your case, if you are found guilty of causing death by careless driving, you could face a sentence of up to 5 years in prison, along with a mandatory driving disqualification for a minimum of 12 months.

If your case involves a brief lapse in concentration, you may receive a lighter sentence. Conversely, if your driving is deemed to be just below the threshold of dangerous driving, you may be subject to a more severe penalty.

This offence can be tried in either the Crown Court or the Magistrates’ Court, where the maximum penalty is a five-year custodial sentence and a minimum driving ban of 12 months. Additionally, the court may require you to pass an extended re-test at the end of the ban.

If you have been involved in an accident that resulted in another person’s death and are facing charges for causing death by careless or inconsiderate driving, our specialist team of motoring offence lawyers at Forbes Solicitors is here to protect your interests and support you and your family throughout the investigation process.

Who we are and how we can help

We are a specialist firm with extensive experience in all motoring offences, including both careless and dangerous driving. Our team has handled complex traffic cases and appeared before the High Court, making us well-equipped to assist with any driving-related charges.

We also represent clients involved in road traffic accidents that tragically result in fatalities and who are facing charges for causing death by careless driving. If you have been involved in such an incident, it is vital to seek expert legal advice, especially during a police investigation or interview under caution.

Causing death by careless driving is a serious offence with life-altering consequences. Investigations can be lengthy and stressful, so having a solicitor at your side from the earliest stage is essential.

Although based in Greater Manchester, we represent clients across the UK. If you are under investigation, reach out to us today to discuss your case and learn how we can help.

John Ruane Solicitor

John Ruane

Your Expert Careless Driving Offence Solicitor

020 8798 3963

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    Defences for Causing Death by Careless Driving allegations

    There are several defences that may be used in response to this allegation, including:

    • The fault lay with the other driver – this would likely need to be substantiated via the service of a collision reconstruction expert report.
    • Unexpected vehicle malfunctions.
    • Environmental factors e.g. contract/sun blindness.
    • Unexpected illness suffered by the driver.
    • All potential defences will need to be assessed at the earliest stage possible.

    How are sentences for Causing Death by Careless or Inconsiderate Driving determined?

    The Court will evaluate the degree of culpability, which can vary significantly in cases of careless or inconsiderate driving.

    If the offender was under the influence of alcohol or drugs, their level of blame is heightened.

    Similarly, if the offender was driving without a valid licence, was disqualified, or uninsured, their responsibility increases, resulting in a more severe sentence compared to situations involving just a brief lapse in concentration.

    Sentencing will occur after either a guilty plea or a conviction following a trial. The judge may impose the sentence immediately, or they may choose to adjourn the case to gather further reports.

    Aggravating and mitigating factors

    Prior to sentencing, the judge will consider any aggravating or mitigating factors, such as:

    • The extent of your responsibility for the accident
    • The number of fatalities or injuries resulting from the collision
    • Your relationship with the victim
    • Whether you sustained any serious injuries in the incident
    • Any additional offences committed at the time of the accident, such as driving while disqualified, without a licence, or uninsured
    • Any prior convictions.

    If the level of fault is deemed low and the court determines that you do not pose a significant risk of re-offending, it may consider a community sentence as a more suitable form of rehabilitation. Additionally, you may be subject to a fine.

    If a guilty plea is entered, your sentence may be reduced by up to one-third, depending on how early the plea is made.

    All sentences will include a driving ban, followed by a discretionary re-test.

    How long does it take for a typical case to resolve?

    This will depend on where the hearing is listed and how bad the Court backlog is. Most trials will conclude within 12-18 months of the charge date.

     

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    Our fees

    Our fees for dealing with such an allegation are significantly more than for other, less serious matters such is the seriousness and complexity of these types of cases. We would therefore strongly urge you to check your car insurance policy to check if you have Legal Expenses Insurance (LEI). If so, your insurer could fund your legal fees in relation to the matter.

    If you do not have LEI, or do not wish to use your policy, we offer fixed fees for our services.

    Frequently Asked Questions

    The matter could be heard in either the Magistrates’ Court or the Crown Court.

    The difference is that the threshold for careless driving is much lower than that of dangerous driving.

    To satisfy the careless driving threshold, the prosecution must prove that the standard of your driving fell below that of a careful and competent driver.

    To prove dangerous driving, the CPS must prove that the driving was “dangerous”.

    Further information on dangerous/causing death by dangerous driving can be found here.

    There is a risk that prison could be imposed.

    The punitive element of the sentence can range from a medium level community order to 5 year imprisonment.

    The offence of causing death by careless driving whilst under the influence is much more serious and carries a maximum of a life sentence in prison. We can assist if you are charged with the above offence.