Dangerous Driving Causing Serious Injury
Expert solicitors, barristers and paralegals in cases of Dangerous Driving causing serious injury
What is the Law for Causing Serious Injury by Dangerous Driving?
This offence is contained within Section 1A of The Road Traffic Act 1988 which states:
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
In this section “serious injury” means in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861
What is Dangerous Driving?
A person is to be regarded as driving dangerously if:
(a) the way he drives falls far below what would be expected of a competent and careful driver, and
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
Examples of dangerous driving would include racing or aggressive driving, driving while tired, or being involved in a police chase.
If you want to find out more about Dangerous Driving that does not involve a serious injury visit our Dangerous Driving page.
What is Serious Injury?
Serious injury is defined as any physical harm which amounts to grievous bodily harm. This can include broken bones, permanent disability, displaced limbs or bones and serious psychiatric injury. The offence does not restrict the classification of persons the Act applies to therefore, it also includes passengers, drivers or passengers of other vehicles and pedestrians.
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1500 + VAT
Funding a Case via Legal Expenses Insurance (LEI)
Sentence for Dangerous Driving Causing Serious Injury
This offence is an ‘either way offence’ which means that the case could be tried in the Magistrates’ or Crown Court, depending on certain factors in the case.
The maximum sentence for causing serious injury by dangerous driving is five years’ imprisonment and/or a fine. There will also be a mandatory two year minimum period of disqualification and an extended retest.
It is important to secure expert legal representation for this offence, given that it can result in a prison sentence of up to 5 years. If you are in a position to appoint our specialist motoring defence solicitors, we shall scrutinise the prosecution evidence to determine whether there is a viable defence available.
In offences such as this, a potential defence is that the injuries sustained did not amount to ‘serious injury’ and / or the driving was not dangerous. If there are prospects in advancing these challenges to the prosecution evidence, our lawyers will advise you accordingly after a full assessment of the evidence has taken place.
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