Causing serious injury by careless driving - a new criminal offence
The Police Crime and Sentencing Act 2022 created a new offence of 'causing serious injury by careless driving' which came into force on 28 June.
Until then, where a ‘careless’ driver caused serious injury to another they could only be prosecuted or the offence of 'driving without due care and attention' which is often referred to as 'careless driving'. This offence carries a maximum sentence of a fine, together with a requirement that a driver’s licence is endorsed with three to nine penalty points, or at worse a court can use its discretion to impose a disqualification, but this is very rare.
Careless or dangerous driving?
In my position as a serious injury solicitor, I act for clients who have sustained serious, often life-changing, injuries following road traffic collisions. In my experience this can be an upsetting experience for our clients who are the victims of this offence. They feel a sense of injustice and inequality when a driver has been prosecuted of 'careless driving', as our clients have endured an injury which has permanent and often life-altering symptoms. Whilst the driver only has a fine and minimal points on their licence. This can be even more upsetting when initially a driver is charged with 'dangerous driving' but it is subsequently diminished to 'careless driving' due to the high standard of proof required for 'dangerous driving'.
New offence
The standard of driving for this new offence is no different to that of 'careless driving' or 'driving without due care and attention'. It is sufficient for the prosecution to show that the standard of driving has fallen below the requisite standard. However, this new offence will be an either way offence, meaning it can be dealt with in either a Magistrates Court or a Crown Court.
The sentence for a conviction of this offence will depend on the circumstances of the offence, the culpability of the offender, and the harm/injury caused. The maximum sentence of two years imprisonment could be considered where the standard of driving was just below the threshold for 'dangerous driving' and particularly grave, serious life-changing injuries were caused.
However, where the standard of driving was only just over the threshold for 'careless driving' - such as a momentary lapse of concentration - a community order can be handed down. In addition, if convicted of 'causing serious injury by careless driving' a driver will face an obligatory disqualification, but the length of time for this will range depending on the circumstances. Having this large range of possible sentencing reflects the different standards of driving captured in this offence.
What it means
The distinction between an offence of 'careless driving' and offence of 'causing serious injury by careless driving' is simply the outcome. To prove the new offence, all the prosecution will need to do is show the defendant caused a serious injury. It will remain to be seen as to what is considered a serious injury, but it is likely that medical evidence will be required.
It is important to note that should an injured person wish to bring a civil claim, although a prosecution for an offence of 'careless' or 'dangerous driving' is of assistance, it is not required. A civil claim can proceed without any conviction. Accordingly, this amendment will not affect the outcome of any personal injury or civil claim. However, this new offence is likely to give our clients more of a sense of justice against the defendant personally rather than their insurer.
Find out more about Irwin Mitchell's expertise in supporting people and families following road collisions at our dedicated road accident claims section.
