Have you been charged with causing serious injury by careless or inconsiderate driving?

If your driving is ‘below the expected’ standard and results in the serious injury of another, then this can be interpreted as causing serious injury by careless or inconsiderate driving.

Serious injury

Serious injury, within the meaning of criminal driving legislation, covers a whole range of injuries and is not restricted to the most serious cases. It is likely to cover the following types of injuries:

  • broken or displaced limbs or bones, including a fractured skull, compound fractures, broken cheekbone, jaw, ribs, etc.
  • injury resulting in permanent disability, loss of sensory function or visible disfigurement
  • injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity
  • serious psychiatric injury
  • a number of individually minor injuries which are collectively considered ‘really serious’

Such injuries are far from unusual in road traffic collisions and are almost inevitable in collisions involving pedestrians, cyclists, motorcyclists and e-scooter riders.

Careless or inconsiderate driving

Careless or inconsiderate driving, or driving without due care and attention, is judged primarily upon the standard of your driving. If your driving is ‘far below’ the expected then it would be classed as Dangerous Driving and if it is ‘below’, this can be construed as careless driving. There is no requirement for any conscious risk-taking behaviour. A momentary lapse of concentration would be enough to satisfy the offence.

Examples of careless or inconsiderate driving include:

  • Failing to give way at a junction
  • Taking the wrong lane at a roundabout
  • Hand brake turns
  • Overtaking
  • Drinking/eating whilst driving
  • Inappropriate speed
  • Wheel spins
  • Tiredness
  • Carrying passengers or heavy load
  • Causing damage to other vehicles or property
  • Ignoring traffic signs

Penalty

The offence of causing serious injury by careless driving can lead to an appearance in a Magistrate’s or Crown Court. It can carry a maximum penalty of 2 years’ imprisonment.

If you receive a Notice of Intended Prosecution (NIP), summons or postal requisition and face prosecution for causing serious injury by careless or inconsiderate driving we’ll be able to advise you of your options. If you require legal representation, call now and speak to one of our specialist motoring defence solicitors on 0115 910 6239.

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