Solicitors for Causing Death by Careless Driving
The majority of clients we represent for Causing Death by Careless Driving are ordinary law-abiding citizens who have never been involved in the Criminal Justice System before and understandably are stressed and anxious at the thought that they might be responsible for the death of another person. This is usually a very difficult time for the family of the deceased, the person being investigated / prosecuted and for the family of the person being investigated / prosecuted.
If you would like preliminary advice about the offence of Causing Death by Careless Driving, contact our Driving Offence Solicitors on 0345 222 9955 or alternatively send a message via our Contact Page.
Funding a Case via Legal Expenses Insurance (LEI)
The offence of Causing Death by Careless Driving is contained within Section 2B, Road Traffic Act 1988.
The offence of Causing Death by Careless Driving is triable either way offence, which means that the matter can be tried in the Magistrates’ Court (provided the Magistrates’ deem the case suitable for the Magistrates’ Court). If the case is unsuitable for the Magistrates’ Court or if the Defendant elects, the case can be heard in the Crown Court.
As the offence of Causing Death by Careless Driving is very serious, if a person is convicted or pleads guilty, the Court has the power to impose a custodial sentence (prison sentence) of up to 5 years imprisonment. The sentence imposed by the Court will be based on the evidence, whether the matter progressed to trial and after considering all aggravating and mitigating factors specific to the case
Elements of Causing Death by Careless Driving
This offence occurs when a road traffic collision has resulted in a fatality (i.e death). The Crown Prosecution Service (CPS) must prove that a death has occurred, and that the death was as a result of careless driving. Careless Driving is driving which falls below the required standard of a careful and competent motorist.
In cases of Death by Careless Driving, it is rarely an issue to establish that a death has occurred because of the road traffic collision. In such cases, the focus of the police investigation / prosecution case will be on the ‘standard of driving’.
It is crucial to remember that not all fatal collisions are because of the driver, and just because there is a fatality, it does not necessarily mean that it occurred because of ‘Careless Driving’. An example being, a person could be driving a motor vehicle in a careful manner, at the appropriate speed limit whilst concentring on the road and nearby surroundings, when another person or vehicle might cut across their path, resulting in a fatal collision. This would not automatically place the surviving person at fault of Causing Death by Careless Driving.
The Police Investigation
When a fatal collision occurs, the police will seek to gather and preserve as much evidence as possible, as this will assist them in establishing whether the fatality occurred as a result of careless driving. It is not uncommon for the police to take several months to investigate the circumstances surrounding the collision.
It is important to remember that a person that has lost their life as a result of a road traffic collision, the police are under an obligation to properly investigate the full set of circumstances leading up to and during the collision.
As part of the police investigation, evidence will be gathered from witnesses, video footage, the vehicles involved, toxicology and evidence from the suspect via a police interview under caution. The police are also likely to produce a collision reconstruction report from specialist police experts.
If you are called to attend a police interview under caution for Causing Death by Careless Driving, you should contact and appoint a solicitor to represent you at the police station. If you would like information about why you should instruct a solicitor to represent you at the police station, please visit this page.
Decision to Prosecute
If there is evidence to suggest that the standard of driving at the time of the collision was below the required standard of a careful and competent driver, the likelihood is that a criminal prosecution will be issued against the suspect.
Our specialist team of motoring lawyers have significant experience representing suspects and defendants for death by careless driving at the police station, at the Magistrates’ Court and at the Crown Court. Causing Death by Careless Driving is a serious offence which can result in a custodial sentence (prison) and in order to ensure that the case is properly analysed and presented before the Court, it is crucial to have a team of experienced motoring lawyers to protect and safeguard your interests.
Our solicitors and barristers will guarantee that your case is properly considered, and every aspect of the prosecution case is scrutinised in immense detail. In such cases we also instruct our own collision reconstruction experts say that we have a second opinion on the evidence and circumstances which resulted in the fatal collision.
The Impact of a Conviction for Causing Death by Careless Driving
A conviction for Causing Death by Careless Driving can be life changing for both the victim’s family and the Defendant’s family. There is a high risk that a Defendant convicted of Causing Death by Careless Driving will be given a custodial sentence and this will certainly have an impact upon the Defendant’s family and dependants. It is therefore important to have an experienced and skilled lawyer that has previous experience of such cases. Our lawyers have represented clients where criminal proceedings have been discontinued against suspects and have avoided custodial sentences being imposed on our clients.
Standard of Driving – Causing Death by Careless Driving
When assessing whether to prosecute, the police and Crown Prosecution Service (CPS) will carefully consider the evidence surrounding the standard of driving involved.
If the matter is prosecuted, the Court will consider the degree of danger the driver created. The Court will take into consideration the following factors:
- Effect of alcohol/drugs
- Speed – Whether the Defendant was driving above the speed limit at the time of the of the collision
- Speed – Whether the Defendant was driving at a speed which was inappropriate for the road or weather conditions
- Whether the driver was distracted
- Whether the driver was driving whilst knowingly suffering from a medical or physical condition that significantly impaired their driving skill and ability
- Whether a person was driving when knowingly deprived of adequate sleep or rest or driving in a poorly maintained or dangerous loaded vehicle.
Vulnerable Road Users
Drivers encountering vulnerable road users such as cyclists, motorbike riders, horse riders, pedestrians and those working in the road are considered as vulnerable road users.
A driver is expected to take extra care when driving near all passing any vulnerable road users. Driving too close to a motorbike, allowing the vehicle to mount the pavement, driving into a cycle lane and driving without the care needed near a pedestrian crossing are all examples of factors that the Court will take into account when deciding whether the standard of driving fell below the required standard of a careful and competent motorist.
Causing Death by Careless Driving Solicitors
Anyone being investigated or prosecuted for Causing Death by Careless Driving will need a solicitor to represent them during the police station interview and at Court. This offence attracts a prison sentence and therefore your liberty and livelihood are at risk. Care should be taken to ensure that you instruct an experienced specialist solicitor that has significant knowledge of this offence and has represented ordinary law-abiding citizens facing this prosecution.
At Kang & Co Solicitors, we are a specialist law firm established to represent professionals and ordinary people that have not been involved with the Criminal Justice system previously. We are not a Legal Aid law firm and understand this this may be your first encounter with the Criminal Justice System. We understand this is a challenging time for you and your family and we are at hand to assist, advise and represent as appropriate.
Kang & Co Solicitors Limited
1 Victoria Square