Expert legal representation for causing death by careless driving offences
Causing death by careless or inconsistent driving is one of the most serious motoring offences you may be charged with. These cases often take months, if not years before they are heard before the court and you may be left in a period of limbo for a significant period before you are charged.
Causing death by careless driving – the law
Section 2B of the Road Traffic Act 1988 provides that:
A person who causes the death of another person by 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, is guilty of an offence
Section 3ZA of the act defines careless or inconsiderate driving as:
A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving
A separate test for careless driving applies to “designated persons”, such as police officers whose standard of driving will be compared against other officers who have completed prescribed driving training.
What constitutes careless driving?
The Crown must prove beyond reasonable doubt that the standard of driving was careless or inconsiderate.
The threshold for what can be considered minor is extremely low, even evidence that someone has breached a minor section of the Highway Code may constitute careless driving.
Commonly, careless driving could be:
- Speeding;
- Using a mobile phone;
- Being distracted by music or the radio;
- Overtaking
The list is not exhaustive. The Sentencing Guidelines also refer to a “momentary lapse of concentration” which demonstrates how low the threshold is as to what may be considered legally careless.
Causing the death of another
There must be causation (a direct link) between the careless driving and the death, otherwise the offence would not be proved at court.
Defence to causing death by careless driving
The Crown must prove each element of the offence beyond reasonable doubt. If the standard of driving cannot be proved as careless then the case would fail.
It may be that another road user is at fault, or the alleged careless driving cannot be said to have caused the death in the circumstances. Forensic collision experts are instructed to challenge the prosecution evidence, in addition to critically analysing any witness statements from those present at the scene.
These cases require detailed examination of the facts to challenge the prosecution case so it is important you contact us straight away if you face such a charge.
Sentencing for causing death by careless driving
The offence is triable either way, meaning it may be dealt with in the Magistrates’ or Crown Court.
If the matter is dealt with summarily in the Magistrates’ Court, the Crown will be limited to a maximum 6-month custodial sentence with an obligatory disqualification of 12 months. The Magistrates’ Court has a discretion to order that an extended re-test be taken before a licence may be returned (in contrast to causing death by dangerous driving where the extended re-test is mandatory).
If the matter is dealt with in the Crown Court then the sentencing powers are expanded to a maximum of 5 years’ custody.
Each case is to be determined on its own facts; it is important that the court carefully looks at the standard of careless driving in order to determine whether custody can be avoided or not:
“Plainly some acts of careless driving involve the kind of serious fault which are likely to call for sentences of imprisonment. We attempt no kind of list, but they might clearly include the kind of case where a driver drives deliberately when his attention is elsewhere (as for example trying to use a telephone), or the driver who drives when affected by the consumption of alcohol or drugs” – R v Odedara [2009] EWCA Crim 2828.
The sentencing guidelines demonstrate that in cases where there is only a momentary lapse of concentration and no aggravating features, even the fact that there is a death means that a custodial sentence need not be imposed so it is important to ensure that your case is carefully reviewed in order to offer a proper outline as to the likely sentencing options available to the court.
Funding
At Olliers we are able to assist you on cases of this nature on a legally aided or private funded basis. You may also have an insurance policy (motor/home) which includes legal expenses which could be an alternative source of funding. Many insurers suggest their own panel of solicitors however, under the Insurance Companies (Legal Expenses Insurance) Regulations Act 1990, policyholders have the freedom to choose their own legal representation.
We are able to liaise and negotiate with your insurers on your behalf as to the possibility that your case could be insurer-funded.
Death by careless driving is an offence under Section 2B of the Road Traffic Act 1988. It applies when someone dies as a result of driving that fell below the standard expected of a competent and careful driver but didn’t fall far below that standard (which would be dangerous driving). This includes driving without due care and attention, or without reasonable consideration for other road users. The offence was introduced by the Road Safety Act 2006 to fill the gap between dangerous driving and cases where poor driving caused death but didn’t meet the threshold for dangerous.
The maximum sentence for causing death by careless driving is 5 years’ imprisonment. This is significantly lower than the life maximum for death by dangerous driving. Sentencing depends on the level of carelessness: Category A (carelessness falling not far short of dangerous) has a starting point of 36 weeks’ custody with a range up to 3 years. Category B (intermediate carelessness) has a starting point of a high-level community order. Category C (momentary inattention) has a starting point of a medium-level community order. Non-custodial sentences are possible for lower culpability cases.
Prison is possible but not inevitable. Unlike death by dangerous driving where custody is almost certain, death by careless driving cases span a wider range of outcomes. Where carelessness fell not far short of dangerous driving (Category A), custody is likely. For intermediate carelessness (Category B), community orders are common. For momentary inattention with low culpability (Category C), a fine or community order may be appropriate. The fact that death occurred doesn’t automatically mean prison if the level of carelessness was at the lower end.
Death by careless driving carries a mandatory minimum disqualification of 12 months. Unlike death by dangerous driving, there’s no requirement for an extended retest, though the court can order one. The length of ban depends on the seriousness of the case; more serious cases attract longer bans. The disqualification runs from the date of conviction. If you’re also sentenced to custody, the court may extend the ban to ensure a meaningful period of disqualification remains after release.
Typical examples include misjudging the speed of oncoming traffic when turning, failing to see another vehicle due to restricted visibility, momentary inattention such as briefly looking at a passenger or adjusting controls, emerging from a junction into the path of another vehicle, overtaking without proper observation, driving too close to cyclists or pedestrians and low-level distraction. The key distinction from dangerous driving is that the driving fell below, but not far below, the expected standard.
This is a separate, more serious offence under Section 3A of the Road Traffic Act 1988. It applies when you cause death while driving carelessly and either: you’re unfit to drive through drink or drugs, your alcohol level exceeds the prescribed limit, or you fail to provide a specimen when required. The maximum sentence was increased to life imprisonment in June 2022. The careless driving element can be relatively minor, it’s the combination with drink or drugs that elevates the seriousness. This charge carries a minimum 5-year driving ban.
The difference is the degree of culpability. Death by dangerous driving requires your driving to have fallen far below the expected standard with obvious danger. Death by careless driving only requires your driving to have fallen below the expected standard, a lower threshold. The consequences differ significantly: maximum life imprisonment versus 5 years, minimum 5-year ban versus 12-month ban and mandatory extended retest versus discretionary. Cases near the boundary can go either way, which is why the initial charging decision and subsequent negotiations matter.
Yes. Prosecutors must choose which charge to bring based on the evidence. In borderline cases, there’s often scope for negotiation, either before charge, at the plea stage, or even during trial. If initially charged with death by dangerous driving but the evidence doesn’t clearly support the higher threshold, the prosecution may accept a guilty plea to the lesser offence. This is a common and legitimate outcome that we pursue where appropriate. The sentencing difference makes this a significant result for clients.
Defences include challenging whether your driving actually fell below the expected standard at all, demonstrating that another road user caused or contributed to the collision, mechanical failure, sudden medical emergency, and challenging causation, arguing the death wasn’t caused by any carelessness on your part. Inexperienced driving is specifically recognised as a mitigating factor for this offence (unlike dangerous driving), so if you were a relatively new or inexperienced driver, this can reduce the sentence.
Death by careless driving is an “either way” offence, meaning it can be tried in either the Magistrates’ Court or the Crown Court. More serious cases, particularly those in Category A (carelessness not far short of dangerous) or involving aggravating factors, will usually be sent to the Crown Court. The Crown Court has greater sentencing powers (up to the 5-year maximum versus 6 months in Magistrates’). You may have some choice in venue, which we can advise on based on the specific circumstances of your case.
Seek specialist legal advice promptly. While less serious than death by dangerous driving, this is still a serious charge with potentially life-changing consequences. Key decisions need to be made about plea, venue and whether to pursue a reduction from any initial dangerous driving charge. Gather any evidence including dashcam footage, witness contact details, photographs of the scene. Don’t discuss the case on social media. Contact us for an initial consultation to understand your options and the realistic outcomes in your circumstances.
How can Olliers help?
At Olliers, we have an experienced team available to assist you if you find yourself charged with this offence. Given the potential complexities and ramifications of sentence/conviction, it is important you obtain representation as soon as possible in order to ensure you are in the best possible position for court.
Complete the form below and we will contact you
Manchester
Head Office
- 0161 8341515
- info@olliers.com
- Fourth Floor, 44 Peter Street, Manchester, M2 5GP