Death by Careless Driving SolicitorsExpert solicitors and barristers in Death by Careless Driving cases
The offence of Causing Death by Careless Driving is a very serious matter. It will be investigated and considered in great depth by the Police, the Prosecution and the Defence.
The majority of clients we represent for Causing Death by Careless Driving are ordinary law-abiding citizens. They 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 free initial advice about a Causing Death by Careless Driving case, contact our Driving Offence Solicitors on 0345 222 9955 or alternatively send a message via our Enquiry Form.
The Law on Death By Careless Driving?
The offence of Causing Death by Careless Driving is contained within Section 2B, Road Traffic Act 1988.
Venue – Where the trial will take place?
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). If the case is unsuitable for the Magistrates’ Court or if the Defendant elects, the case can be heard in the Crown Court.
Causing Death by Careless Driving is a very serious charge. 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.
Late 2018 I was involved in an accident which resulted in a fatality.
The pending police investigation and subsequent CPS referral lasted for over a year.
It was a frightening, anxious and lonely time.
Having never been in trouble with the Police I was ignorant of what lay ahead.
Mr Kang walked me through the process explaining each landmark and potential legal consequences, which sometimes wasn’t easy to hear.
In addition to legal advice he managed my emotional wellbeing with the utmost care and empathy.
I would highly recommend Kang & Co for their specialist knowledge and multi facetted application to each case.
What Defines Death by Careless Driving
You’re likely to be charged when a road traffic collision has resulted in a fatality (i.e death). The Crown Prosecution Service (CPS) must prove 2 different things. Firstly, that a death has occurred. Secondly, they must prove that the death was a result of driver acting carelessly. 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 due to driver negligence. 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. Then another person or vehicle might cut across their path, resulting in a fatal collision. This would not automatically place the surviving person at fault.
The Police Investigation
When a fatal collision occurs, the police will seek to gather and preserve as much evidence as possible. 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 accident.
It is important to remember that a person 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 road traffic 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.
Funding a Case via Legal Expenses Insurance (LEI)
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. We can help represent you 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). 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
A conviction for Causing Death by Careless Driving can be life changing for both the victim’s 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. 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. They will also 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.
“I was involved in a fatal road traffic accident on the M6 Motorway on the outskirts of Birmingham in 2017. This was a very difficult time for me and my family because I felt awful that I might have been the cause for the death of another person because of careless driving, I felt awful for potentially being responsible for the death of a son, husband and father. At the same time, I was concerned about my own family and receiving a prison sentence. A prison sentence would have been life changing for me and my family because my wife did not work, and we had recently had a new addition to our family. I was also worried and stressed about how my family would survive financially if I were to be given a prison sentence, I had sleepless nights for many months.
I was initially given a solicitor through my legal expenses insurance and within a few weeks of them being appointed as my lawyers, I got the impression that they didn’t understand how this case would impact upon my life. I found that the panel law firm didn’t return my calls or e-mails either. As the consequences of a conviction and prison sentence would be life changing, I instructed a law firm in London privately.
The London criminal law firm was no better than the firm I had through my insurance company, even though I was paying privately. I got the impression that they were very unsure about their advice and didn’t know much about causing death by careless or dangerous driving.
A family member suggested that I contact Kang & Co Solicitors in Birmingham as they have a very good reputation for these types of cases. I met with Mr Kang and immediately found him to have passion for representing clients and within moments I could tell that he had a wealth of experience and had dealt with many fatal road traffic accidents. He explained everything in simple terms and made sure I knew about every aspect of my case. When he looked through the papers in the case he contacted me and raised some very good points which the other two solicitors had overlooked. Mr Kang spoke with the police and within several weeks the case was discontinued due to the issues he had raised.
The fact that Mr Kang was able to identify weaknesses within the prosecution case that the lawyers at two other firms hadn’t speaks volumes of his attention to detail and skill.
I am grateful for the skill, support and advice provided by Mr Kang and I honestly believe that if I had stayed with my previous solicitors, I would not be seeing my daughter grow up.”
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 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.
If you would like to speak to one of our lawyers about your case, please call 0345 222 9955 or use our enquiry form below and we can either call you for initial advice or email you back.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
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An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
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A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
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