Death by Careless Driving
Causing Death by Careless or Inconsiderate Driving
Causing death by careless or inconsiderate driving are serious offences that carry much heavier penalties than other careless driving offences.
If you have been charged with death by careless or inconsiderate driving it is vital you get in touch with an experienced motor offence lawyer without delay.
We understand you will be feeling anxious about your and your family’s future, which is why our expert road traffic solicitors are committed to providing the highest level of care and legal advice during this time. Contact Richard Silver Solicitors today to find out how we can help.
Call us on 0161 834 9494 to find out how we can help.
What is causing death by careless or inconsiderate driving?
Death by careless driving
This offence is committed if you are driving in a manner that falls below the standard expected of a competent and careful driver and this causes the death of another person. The difference between this offence and the more serious crime of causing death by dangerous driving is the standard of driving. For death by dangerous driving, the standard of driving must fall far below what would be expected of a competent and careful driver.
Death by inconsiderate driving
This offence is committed if you are driving in a manner which causes inconvenience to other people and this causes the death of another person. Again, it must be shown that the standard of driving fell below what would be expected of a competent and careful driver.
Death through careless or inconsiderate driving when under the influence of drink or drugs
This offence is committed when you drive carelessly (below the standard expected of a competent and careful driver) or inconsiderately (causing inconvenience to other road users) while unfit to drive due to alcohol or drug use, and this causes the death of another person.
What are the penalties for death by careless or inconsiderate driving?
The maximum penalty for the offence following a trial is five years’ imprisonment. Convicted drivers will also face a mandatory minimum one-year disqualification or between 3 and 11 licence points where the court believes disqualification is not appropriate in the circumstances.
If drink or drugs are found to be involved in the commission of this crime, the penalties will be more severe. Conviction for death by careless driving when under the influence of drink or drugs can result in a prison sentence of up to 14 years and/or an unlimited fine, a mandatory disqualification of at least two years – three years if you have previously been convicted of another relevant offence – and an extended driving retest.
Things to know if you are charged with death by careless or inconsiderate driving
There is no automatic assumption that you were driving carelessly or inconsiderately
It is important to note that being involved in a collision which caused another person’s death does not automatically mean that you were driving carelessly or inconsiderately, so you will not automatically be charged with an offence. Prosecutors must prove that your driving at the time of the collision fell below the standard expected of a competent and careful driver, or was such that it inconvenienced other people.
Your driving does not have to be the only cause of death
Your driving does not have to be the only cause of another person’s death for you to be charged. You can be charged as long as prosecutors can show there was more than a slight link between your careless or inconsiderate driving and the person’s death.
The court will consider aggravating and mitigating factors
The court will take various factors into account to decide the level of blameworthiness that should be attributed to you. Elements that will increase your culpability include causing the death of more than one person and where other offences were committed at the same time. Whereas, if the deceased is a relative or close friend of yours or you have suffered serious injury, these factors can help to reduce your liability.
Why instruct Richard Silver Solicitors?
If you are facing legal action for suspected causing death by careless or inconsiderate driving, it is likely that expert evidence such as accident reconstruction, scale plans and speed calculations will be required. This is why finding a solicitor with experience in these areas is so important.
At Richard Silver Solicitors, our driving defence lawyers have over 25 years’ experience in handling careless driving cases. We guarantee to provide thorough planning, preparation and carefully considered advice to all our clients. We believe in a transparent, easy to understand approach to costs, so you will never be caught out by unexpected charges.
Contact our Death by Careless Driving Solicitors Manchester, UK
Richard Silver is based in Manchester and represents clients throughout the UK. Our dedicated and empathetic staff will work hard to give your case the best possible chance of success. We know how much is at stake, and we know how to get the best results for you. To find out more about what we can do for you, contact our team on 0161 834 9494 or use our online contact form.