Section 20 of the Road Safety Act 2006 states that it is an offence to causing death by careless or inconsiderate driving a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or place.

That means the standard of driving has to fall below what would be expected of a competent and careful driver. To see what would constitutes carelessness please see our CARELESS DRIVING page.

Facing such an allegation can be incredibly traumatic, but we are experienced and will be able to guide you through this stressful time.

You may even have been asked to attend police station interview by way of a voluntary arrangement after being involved in an incident where there has been a fatality. We can represent you by attending the police station with you. It is crucial that you obtain legal advice and representation at this early stage because the information you disclose could profoundly impact the results of your case.

Only partners from this firm will advise and have conduct in a case of death by dangerous driving. This means you have an experienced defence lawyer carrying out a thorough examination of all the facts of the case to challenge the prosecution case.

The police will investigate the scene of the accident by examining the state of the road surface, the weather conditions at the time of the incident and the conditions of the vehicle or vehicles involved. They will also speak to any witnesses, gather medical evidence and obtain any CCTV footage from the surrounding area and occasionally recover footage taken by other road users. They may instruct their own experts to try and establish that this offence was committed.
A detailed review of the evidence can demonstrate the level of driving did not fall below the standard of a reasonable competent driver or that the driving did not cause the fatality.

We as your defence team can, (even during the police investigation,) interview potential witnesses, consider instructing our own expert witnesses in respect of accident re-enactments or mechanical and medical experts. We can even employ the services of a forensic expert to undertake video footage analysis to assist in undermining the prosecution case.

By meticulously exploring the prosecution case we can counter the charges by demonstrating to the court that the defendants driving did not fall below the standard of a reasonable and competent driver or that the driving was not the cause of death.

For instance, mechanical failure leading to a loss of control of the vehicle would lead to an acquittal but expert evidence would need to be called.

Depending on the individual circumstances of the case the defence of autism may be applicable. This says that an individual should not be held accountable for actions they were not consciously aware of performing and that the loss of conscious control must be immediate and unforeseeable. Again, medical evidence would be sought to support any such contention.

This is not an exhaustive list and we would consider in detail all the relevant factors before advising any client.

This is an offence which can be dealt with both at the Magistrates Court or the Crown Court.

At the Crown Court the maximum sentence is five years in prison. If convicted of Causing Death by Careless Driving in the Magistrates Court the maximum sentence is 6 months in prison, with a range of community penalties in the alternative. There is always a minimum disqualification of 12 months with a discretionary retest.

The harm caused by any offence that results in a person's death is immeasurable. The sentence can never be a measure of the value put on the life of the victim. In sentencing cases of Causing Death by Careless Driving, the court has to weigh up the enormous harm of a loss of life with the seriousness of the act or omission of the offender who caused it. This is why there is such a wide range of sentence options available to the Courts.
The level of seriousness of the offence are defined by the degree of carelessness involved in the standard of driving.

The most serious level for this offence is where the offenders driving falls short of dangerousness and will attract a sentence towards the upper limit especially if there were additional aggravating features such as the fact that the driver had previous convictions.

The Judge or Magistrate will consider how responsible the offender was for what happened, where the other offences were committed at the same time (e.g. failing to stop), the serious harm caused by the offence including whether more than one person was killed or injured, whether the offender was seriously injured it was a close friend or relative of the victim and the circumstances in history of the driver, such as previous convictions or previous good character.
The court recognises that where the level of carelessness is low, and there are no aggravating features, a person should not be sent to custody even when a death has been caused. This is where the court will more than likely impose a community order which can include unpaid work, activity requirements and curfew requirements.

Regardless of the level of charge we would be able to assist in the court process. We would prepare defence documents to reflect mitigating factors that can be advanced such as genuine remorse, any credit for timely guilty pleas, remaining at the scene and endeavouring to help and provide assistance, along with any evidence of good character and whether or not there are any previous relevant convictions. In addition, any information that could be utilised to reduce blame in respect of the driving itself would be submitted to the Crown Court Judge.