Death by Careless Driving

What is the Offence of Causing Death by Careless Driving?

Causing Death by Careless Driving occurs when:

• A person drives without due care and attention or reasonable consideration for other road users and;
• As a result of that driving, causes the death of another person
• Source: Road Traffic Act 1988 section 2B

Careless driving occurs when the driving in question falls below what would be expected of a careful and competent driver:

Legislation:

• Road Traffic Act 1988 section 3ZA

Examples of careless driving could include:

• Excessive speed for the road or road conditions
• Failing to keep a proper lookout for other road users
• Failing to obtemper lane markings or traffic signals
• Being momentarily, but avoidably, distracted

The driving itself must be the cause – or a cause – of death rather than an intervening factor.

Penalties for Causing Death by Careless Driving

Mandatory Driving Ban and Extended Driving Test

A conviction carries a mandatory driving ban of at least 12 months and you must pass an extended driving test before your licence is reinstated. In practice the driving ban is likely to be significantly longer than 12 months.

If you are imprisoned, the length of the driving ban is extended to take into account the time spent in prison.

Legislation:

• Road Traffic (Offenders) Act 1988, section 34
• Road Traffic (Offenders) Act 1988, schedule 2
• Road Traffic (Offenders) Act 1988, section 35C

Will I receive a Custodial Sentence?

This is a serious offence and a custodial sentence is certainly a possibility.

The potential prison sentences are:

• if prosecuted on indictment, up to five years imprisonment
• if prosecuted on summary complaint, up to 12 months imprisonment

In practice, relatively few cases of causing death by careless driving result in a custodial sentence. In certain cases, however, prison sentences can be imposed and have been upheld by the Appeal Court.

Case Law:

• Moorhouse v Her Majesty’s Advocate [2022] HCJAC 22: a 12-month prison sentence (discounted from 18 months) was held not to be excessive in respect of a lorry driver who sought to execute a right-hand turn when his view was restricted. An oncoming driver was killed in the ensuing collision.

What do the Sentencing Guidelines say?

At the beginning of 2024, the Scottish Sentencing Council published the sentencing guideline titled:

• Statutory Offences of Causing Death by Driving

This document covers all cases of death by driving including the more serious offence of causing death by dangerous driving. In relation to causing death by careless driving, the court will assess the following in determining an appropriate sentence:

• The seriousness of the offence – this takes into account the level of culpability and the harm caused
• A “headline sentence” is arrived at. Level A is driving not far short of dangerous driving. Level C is momentary inattention. Level B is all other cases.The Guideline provides that it is usually only cases at Level A which will attract potential custodial sentences
• However the court will then consider aggravating and mitigating features. In some cases, these features can mean the “headline sentence” is moved up or down from the level indicated by the seriousness of the offence
• Examples of mitigating features are previous good character, providing assistance at the scene and genuine remorse.
• Examples of aggravating features are more than one person being killed, relevant previous convictions and the victim being a vulnerable road user

Potential Defences

There are numerous potential defences to a charge of causing serious injury by careless driving. These may include:

Standard of driving not below that of a careful and competent driver:

• Explanation: The prosecution must prove that your driving fell below the standard expected of a careful and competent driver
• Defence: You drove to an acceptable standard, even though an incident occurred. Driving is not an exercise in perfection. Even a momentary lapse may not reach the threshold of criminality.

Actions of another driver:

• Explanation: You may be able to show that another vehicle or driver was at fault, either wholly or to such a degree that your own actions were not the legal cause of the death.
• Defence: You must have caused the death by your own careless driving. If someone else’s conduct broke the chain of causation, you may not be criminally liable.

Mechanical defect or sudden medical issue:

• Explanation: A sudden and unexpected vehicle fault or medical episode may have impaired your ability to drive safely.
• Defence: If you had no warning of a mechanical issue or medical condition, you may not be at fault. The law requires negligence or carelessness, not unavoidable accidents.

Exculpatory Dashcam or CCTV evidence:

• Explanation: Video evidence may show that you drove appropriately, that another driver caused the crash, or that your driving wasn’t careless. This can also discredit witness accounts.
• Defence: Objective evidence will be stronger than memory or interpretation. If footage shows you acted responsibly, it can cast doubt on the prosecution’s case or completely refute their version of events.

Why Instruct Us for your case?

Reason 1 – We Are The Pioneers

Other firms also claim this. But see when the domain was registered to see how long the firm have actually been online. Our domain was registered in 2001. We were registered years in advance of any rival firm. We are invited, founder members of the Association of Motor Offence Lawyers.

Reason 2 – Our Statistics 

We base our success rate on 1000 independently analysed cases chosen at random. Other firms may claim even higher success rates. Do not simply accept them at face value. Ask them what their case sample size was. How do they define case success? We have successfully defended sports stars, famous personalities, peers of the realm, members of the Royal Family, fellow solicitors, advocates, leading QCs and police officers. We do not name names unless the case is already in the public domain but you can see some of our reported cases here.  As we helped them, so we can help you:

Dangerous Driving Case Outcomes

Reason 3 – Our independent Reviews

All of our quoted reviews are reviews posted on independent review sites such as Trustpilot and Review Solicitors.

Review Solicitors Reviews

Trustpilot Reviews

Reason 4 – Nationwide Representation 

Although our offices are in Glasgow, we regularly defend motorists in every Court in Scotland. On any given month, our solicitors appear in courts across the country, including Aberdeen, Dumfries, Edinburgh and Paisley. Wherever your case is being heard, we have the experience and resources to represent you effectively.

Reason 5 – Our Relationship With The Best KCs

In a case of causing death by dangerous driving, senior counsel is required. We have an excellent relationship with the very best KCs. Our current KC of choice is Ian Duguid KC whom you may have seen on the BBC series Murder Trial.

Reason 6 – We Leave No Stone Unturned

Our success is not a fluke nor solely about legal skill. We will analysis every word, picture and video of the Crown’s evidence. We have won cases where we were able to question the causative effect of driving vis death. We have won cases by spotting things in CCTV that the prosecution’s expert witnesses have missed. If there is a weakness in the prosecution case, we will find it.

Q: Its been a year since the incident and I have not heard anything further. Is the case time-barred?

A: No. There is no time limit for an offence of this nature. Most cases are brought within a year but not all. There may be circumstances where the delay is so significant that it would be oppressive to commence a prosecution.

Q: The police have been in touch. They want to interview me. What should I do?

A: Contact an experienced solicitor immediately, avoid detailed statements to police until you have legal advice, and gather any available evidence such as dashcam footage.

Call: 0800 048 8696