Dangerous Driving Causing Serious Injury
Expert solicitors, barristers and paralegals in cases of Dangerous Driving causing serious injury
If you have recently been charged or have received a postal requisition for the offence of Dangerous Driving Causing Serious Injury, it is crucial that you seek and secure expert legal representation as soon as possible. Call our specialist Motoring Defence Team on 0330 818 9825 or complete our Contact Form to speak with one of our industry leading Driving Offence Solicitors.
Kang & Co Solicitors is recognised as a leading law firm in the UK by Chambers and Partners and The Legal 500 law guides for motoring defence.
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
Chambers Top Ranked Law Firm
Our law firm is ranked amongst the top tier of law firms in the United Kingdom with a Band A ranking in the category of Crime (this includes Driving Offences), the highest ranking that can achieved in the Chambers 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.”
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
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.
Funding a Case via Legal Expenses Insurance (LEI)
Potential Defences
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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