Death by Careless Driving

Introduced by section 20 of the Road Safety Act 2006 and coming into effect on 18th August 2008, the new offence of causing death by careless or inconsiderate driving has filled a gap in the law. Previously, in most cases where neither drink or drugs were involved, only the offence of causing death by dangerous driving could be charged where a fatal accident had occurred.

A degree of controversy surrounds the new law in that it only provides for a maximum penalty of five years imprisonment, with the option for the court to order mandatory disqualification as well as an unlimited fine. Road safety groups have attacked the law on the grounds that it will be possible for a person to cause death but not be imprisoned for doing so. The government have defended their position by pointing out that often a death can occur from a minor error of driving judgment – the sort of error that anyone could make. In those circumstances it would be wrong to imprison a person, although if there are factors which increase the level of responsibility for the accident which occurred then clearly the imprisonment sanctions are there.

The kind of situations which could lead to a charge of death by careless driving would be where, for example, the driver had:

• looked down at a map,
• unwrapped food,
• taken a drink from a can or bottle,
• retuned the radio, or
• turned to talk to a passenger,

and death had resulted in that moment.

It would not cover those situations where the driver had, for example, caused death whilst using a mobile phone which would still rank as dangerous driving and attract a maximum penalty of 14 years imprisonment.

If you have been charged with death by careless driving then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804