What’s the difference between death by careless driving and death by dangerous driving?

In the UK, death by dangerous driving and death by careless driving are two types of motoring offences. Sadly, these driving charges involve an individual or individuals losing their life when an incident occurs on the road.

Two of the most serious road traffic law offences, they can result in the criminal prosecution of drivers. Many motorists charged with dangerous or careless driving offences that result in death are unaware of what makes them different and the potential consequences of each.

As expert careless driving and dangerous driving solicitors, at Auriga Advocates we provide bespoke support to motorists charged with driving offences involving death. In the following sections, we explain the definition of both offences and how they differ. Read on to update your information.

What does careless driving involve?

A UK motorist’s driving standard is the crucial factor when determining if they have acted either dangerously or carelessly. Every driver has a personal responsibility to drive their vehicle competently and safely, with consideration for other road users and pedestrians.

The 1988 Road Traffic Act states that careless driving is when motorists drive without due care and attention, or drive without a reasonable consideration for others. In all cases, a driver charged with a careless driving offence has been judged by the courts to have driven their vehicle below the standard of a competent driver. While careless driving might seem like a minor infraction, it can still cause severe accidents that result in death and should never be treated lightly.

Careless driving activities are extremely varied in nature, but under certain circumstances can have serious consequences. Driving actions like running red lights, tailgating other vehicles, overtaking on the inside, poor lane discipline and turning onto the path of another vehicle are all examples of careless driving. However, under the definition of without due care and attention, driving while distracted by smoking, eating, reading a map or using a mobile can also lead to a careless driving offence.

The potential consequences when death by careless driving occurs in the UK can include up to five years of imprisonment, a minimum driving disqualification of 12 months, and a mandatory extended driving test. How severe the punishment is will depend on the specific circumstances involved. Careless driving under the influence of alcohol and drugs or failing to stop can result in more severe penalties. These offences are tried in the Magistrates’ Court.

What is dangerous driving?

Dangerous driving is defined by the Road Traffic Act 1988 as driving dangerously on a road or another public place. It is a more serious charge than careless driving. In comparison, the driver convicted will be judged to have been driving well below the standards expected of a competent and careful driver.

Like careless driving, dangerous driving examples are equally varied. They include driving aggressively, speeding or racing and dangerously overtaking other vehicles on the road, but also driving on a hard shoulder and disregarding road signs and traffic lights. The driver’s personal condition is also a factor, and charges can result from driving when unfit or under the influence of drugs or alcohol.

Causing death by dangerous driving is a more serious offence than death by careless driving. As a result, it can have more serious consequences for drivers. The offence has a maximum penalty of a life in imprisonment and an unlimited fine. It carries an obligatory driving disqualification for at least five years and a mandatory extended re-test. It is classed as an indictable only offence and, as a result, it can only be tried at the Crown Court.

The Crown Prosecution Service decides if a driver is charged with either careless or dangerous driving. Prosecutors must provide strong evidence that a driver’s standards were either slightly or far below the expected levels of a competent driver. In sentencing, a judge considers the harm caused to another and the degree of culpability.

At Auriga Advocates, we are specialist dangerous and careless driving solicitors. Our CEO Andrea Clegg is a fatal road traffic specialist who is far more experienced than most when it comes to offering fair, high-quality legal advice for defendants. For specialist support and guidance regarding a motor offence that involves death, contact us without delay for free initial legal advice on your situation.