The road ahead has got tougher – should an unintentional offence cause drivers to lose their licence and their liberty?
This insight was co-authored by Trainee Solicitors, Imogen De Castro Gray, Ellie Jeffries and Molly Fletcher, in our Regulatory team.
Causing serious injury by careless driving
Imagine you (or one of the drivers you employ or insure) are driving along a road, about to turn right. You look both ways and everything seems clear. Just as you’re about to make the turn, a motorcycle appears out of nowhere and tries to overtake you. You hit the brakes, but it’s too late. A collision happens, and the motorcyclist is seriously injured. You weren’t speeding or driving aggressively – you are pretty sure you checked your mirrors, but should you have seen him?
Under current law, you could be faced with a charge of ‘causing serious injury by careless driving’. It doesn’t matter whether you intended to drive carelessly or not - if the court finds that your driving was careless and caused serious injury, you could be convicted and face up to two years in prison, with a mandatory disqualification from driving for a minimum of 12 months. Here’s the kicker: it could take years before the case is resolved.
Weightmans’ previous article explains the offence of ‘causing serious injury by careless driving’, which came into force on 28 June 2022 under the Police, Crime, Sentencing and Courts Act 2022. The offence carries serious sanctions which can have a devastating impact on drivers and their loved ones. While the law aimed to address the need for justice in road traffic accidents causing serious injury, it overlooks the complex nature of culpability in such cases, focusing heavily on the outcome, without consideration of the wider context. The law doesn’t account for how moments of lapse or unforeseen circumstances can cause life-changing consequences for both victim and driver. Little room is left for nuance or genuine consideration of the true nature of the harm caused. It is arguable that instead of promoting fairness, this offence risks punishing drivers in situations where they acted far from recklessly, but an unfortunate chain of events or split-second’s misjudgement led to catastrophic outcomes.
A few years on, we consider whether the government’s intention to close the gap that fails to recognise harm, may have done more harm than good.
Disproportionate sentences
Are drivers facing punishments more severe than they deserve?
Statistics show there have been over 25 times more convictions for causing serious injury by careless driving than for the offence of causing serious injury by dangerous driving - demonstrating a real possibility road users may face criminal prosecution following a motoring incident.
As the offence is relatively new, there’s limited case law or data to gauge the scale of this issue. However, it is already making an impact in practice. Even in the early stages, we have seen an increase in police investigations relating to accidents whereby drivers simply did not see another vehicle or pedestrian due to poor visibility. Already, these incidents are reshaping how the police respond before the case even reaches court, changing the way we now see and treat genuine accidents.
We question the benefit of a custodial sentence for this offence as it is unlikely that those convicted will pose a danger to the public or require rehabilitation, and short custodial sentences may even entrench an offender in criminality. In practice, those found guilty of this offence are often given a suspended sentence rather than a custodial one. A suspended sentence allows the individual to serve their punishment within the community whilst being effectively managed and often includes various rehabilitative measures. This approach not only avoids the potentially harmful effects of imprisonment but enables better management of the offender’s rehabilitation in a more controlled and constructive environment. Arguably, this could lead to safer road practices and reduce the risk of reoffending. It is important to bear in mind that suspended sentences are not a wholly positive solution and can still have a very detrimental effect on employment - both in terms of keeping one’s job and in terms of future career prospects.
How can businesses and insurers prepare?
The ever-evolving landscape of motor offences can be difficult to navigate. With recent legal updates bringing more stringent penalties and a dramatic rise in convictions, it is more important than ever to seek early expert legal advice when faced with these challenging situations
For those who drive for a living or employ drivers, a 12-month disqualification and potential custodial sentence could have serious implications. Our previous article provides tips on how those operating a commercial fleet can mitigate the risks posed by this offence.
Nobody goes out intending to commit careless driving. Any road user could potentially find themselves charged with this offence, and having specialist legal representation can make all the difference. This should be sought as soon as possible after an accident – when charges are brought it is too late.
Weightmans’ criminal motor defence team is made up of expert lawyers with extensive experience of advising drivers, insurers and corporate clients in the aftermath of serious motoring incidents. Weightmans can provide a wide-ranging service including attending police station interviews under caution, advising on the charges faced and prospects of success, representation in court in the event that charges are brought and attendance at inquests on behalf of drivers, businesses and insurer clients.
