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Death by Dangerous Driving Solicitors

Specialist solicitors and barristers for Causing Death by Dangerous Driving cases

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The offence of Causing Death by Dangerous Driving is, of course, a very serious matter and 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 Dangerous Driving are usually 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 Dangerous Driving, contact one of our team on 0330 818 9825 or alternatively send a message via our Request a Call back button .

Sentencing Powers for Death by Dangerous Driving Offences

As the offence of Causing Death by Dangerous 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 life imprisonment. Originally the maximun sentence was 14-year, but in 2022 the sentencing powers were increased to life 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.

Below lists the sentencing guidelines for the different levels of causing death by dangerous driving from the Sentencing Council;

Nature of offenceStarting PointRange
Level 1
The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others
8 years’ custody7 years - Life Imprisonment
Level 2
Driving that created a substantial risk of danger
5 years’ custody4 – 7 years’ custody
Level 3
Driving that created a significant risk of danger
(Where the driving is markedly less culpable than for this level, reference should be made to the starting point and range for the most serious level of causing death by careless driving)
3 years’ custody2 – 5 years’ custody

Statute – What is the law?

The offence of Causing Death by Dangerous Driving is contained within Section 1, Road Traffic Act 1988.

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Venue – Where a trial will take place

The offence of is indictable only, which means that the case will be heard in the Crown Court.

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Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.

Legal 500 Leading Firm

The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”

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.

Margaret C

Trust Pilot

Elements of Causing Death by Dangerous 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 dangerous driving.

What is Dangerous Driving?   

The definition of dangerous driving is contained within Section 2A Road Traffic Act 1988. In essence, a person is considered by to driving dangerous if:

  • The way a person drives falls far below what would be expected of a competent and careful driver, and
  • It would be obvious to a competent and careful driver that driving in that way would be dangerous

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. Just because there is a fatality, it does not necessarily mean that it occurred because of ‘Dangerous Driving’. An example is, a person could be carefully driving a motor vehicle, at the appropriate speed limit while concentrating 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 Dangerous 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 could potentially take the police 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 Dangerous 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 click the highlighted link.

Decision to Prosecute

If there is evidence to suggest that the standard of driving at the time of the collision amounted to dangerous driving, 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 dangerous driving at the police station and the Crown Court. This is an extremely serious offence which can result in a significant custodial sentence (prison) and to ensure that the case is appropriately analysed and presented before the Court, it is crucial to have a team of experienced specialist 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 Dangerous Driving

A conviction for Causing Death by Dangerous Driving can be life changing for both the victim’s family and the Defendant’s family. There is a very high risk that a Defendant convicted of Causing Death by Dangerous Driving will be given a custodial sentence and this will undoubtedly have an impact upon the Defendant’s family and dependants. It is therefore essential 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

When assessing whether to prosecute, the police and Crown Prosecution Service (CPS) will carefully consider the evidence surrounding the standard of driving involved. The police will seek to establish whether there is evidence to indicate dangerous driving.

Examples of driving which is likely to be perceived as dangerous include:

  • Racing or competitive driving
  • Disregarding warning from passengers
  • Deliberate disregard of traffic lights and other road signs
  • Failing to have proper and safe regard for vulnerable road users
  • The speed which is inappropriate for weather or traffic conditions
  • Driving while knowingly deprived of adequate sleep or rest
  • Operating a vehicle while knowing it has a dangerous defect or poor maintenance
  • Overtaking which could not have been carried out safely
  • Undertaking
  • Driving a dangerously loaded vehicle

“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.”

Mr. Singh

Related Article on Incident in Birmingham Mail

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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.

You are expected to take extra care when driving near or passing any vulnerable road users. Driving too close to a motorbike, allowing the vehicle to mount the pavement, driving into a cycle lane or driving without the care needed near a pedestrian crossing are all considered when assessing your standard of driving. The court will use these to decide if the standard fell below what is expected and is considered dangerous.

Finding a Solicitor

Anyone being investigated or prosecuted for Causing Death by Dangerous 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 significant risk. Care should be taken to ensure that you instruct an experienced specialist solicitor that has considerable 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 people that have not been involved with the Criminal Justice system previously. We know 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 operate as a private agreed fee law firm.

If you would like to speak to one of our lawyers about your case, please call 0330 818 9825 or fill out our enquiry form.

I instructed Kang & Co Solicitors to represent my nephew, in a very serious charge brought against him, causing death by dangerous driving.

On Initial advice from Manjinder Kang, he was very courteous and took time to listen and understand what had happened. Mr Kang then guided us through the entire legal process and was so polite and respectful throughout. He was clear and concise in all his very detailed communication with us. His knowledge of any driving matters is second to none.

Mr Kang is very kind, honest and caring but make no mistake he is a tenacious and very stoic solicitor. His work ethics is a cut above the rest. Through 13 months of significant stress, he communicated with us at every step keeping us well informed and up to date. Any questions I had to mind, were responded promptly and in detail. All avenues were explored on discussion of the case. Mr Kang’s unique way of providing analogies gave myself and my nephew a better understanding of his position.

My huge appreciation for the very hard work that was put into my nephews case. I was initially sceptical in instructing an, private criminal defence team and was thinking to obtain legal aid as this was an open option, but the reality is monetary value will always be earned, irrespective of any amounts payable to a private firm. I do not regret instructing them at all, having said that I’m extremely happy with the outcome, it was inevitable my nephew would have faced a custodial sentence, it was a case of how long.

Mr Kang took hold of the case and took it forward day by day. During our regular conferences Mr Kang spent several hours collecting information and understanding the family set up, he listened to the family history, he was interested in what we said and was passionate about getting us a good outcome. He was compassionate, supportive and actually inspirational. Mr Kang gave us such a boost; the boost of hope that we so much needed at a time when the whole family was very low, which helped us fight until the end.

The damage control aspect of a custodial sentence was thoroughly discussed and a clear plan was in place to secure the best possible sentence. That being the lowest range of the sentencing guideline bracket, the defence team including a very experienced barrister, managed to secure just that, having received the best outcome possible, I am forever very grateful for the professionalism and integrity of all involved. The legal team clearly had relevant experience of similar cases and I was very impressed with their knowledge and the detailed attention they brought to the case.

At times I had many questions and would often relay this to Mr Kang, his prompt fast replies would put me at ease. As the case was progressing, a major concern was COVID-19, as due to this we would be restricted in having regular face to face conferences, Mr Kang proactively managed to set up virtual conferences. He was very adaptable and would often provide a solution to any issue brought to the table.

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 Solicitor’s.

Rahal Miah

Trust Pilot

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