Charged with Causing Death or Serious Injury By Dangerous Driving? Here’s What You Need to Know.

Dangerous driving can result in a prison sentence for a defendant if serious injuries or deaths are caused. In the unfortunate event that a loved one is charged with dangerous driving, the consequences can alter not only the individual's life but also the family's as well.


Frank Rogers Law represents defendants who have been involved in road accidents of any kind and who now stand to be prosecuted.


Such accusations come with psychological traumas, and the investigation that follows is tiresome, lengthy and exhausting. If an accredited Police Station Representative does not accompany a defendant to any interviews with the authorities or police during such investigations, they risk losing their entire case.


In such a case, the investigation can be daunting, and the defendant is likely to say something that will undermine the case. You may be able to minimize the negative consequences associated with such unfortunate incidents by working with an experienced solicitor during this time. In either case, it is better to get expert advice immediately rather than after you have been charged, so your solicitor has enough time to present a compelling case in your favour.


Content Overview


What is Dangerous Driving?


What Is Considered a Serious Injury?


Penalty for Causing Death or Serious Injury by Dangerous Driving


How are sentences decided?



What are your possible defences?


What are the mitigating factors?


What are the aggravating factors?


Get In Touch

What Is Dangerous Driving?


Dangerous driving is when you drive a motor vehicle in a way that could endanger you or other people in the vicinity. It is usually defined as driving that falls “far” below the standard to be reasonably expected of a competent & careful driver. The “danger” refers to the danger either of personal injury or of serious damage to property. Careless driving, by comparison is where the driving falls simply below the required standard. Some examples are:


  • ignoring traffic lights or road signs;
  • dangerously overtaking;
  • driving whilst distracted by the use of mobile phone or lighting a cigarette;
  • racing or driving aggressively;
  • drink driving or driving under the influence of drugs;
  • driving whilst knowing that the vehicle is unsafe to drive;
  • driving while unfit, like having an injury;
  • driving at speeds significantly above the limit especially where there is other traffic present or pedestrians

What Is Considered a Serious Injury?


Accident-related injuries are not treated on the same level. Some injuries don't appear to constitute an offence under Section 1A of the Road Traffic Act 1988, but causing serious injury through risky driving does.


Serious injury is a physical impact that causes grievous bodily harm, which may mean an injury that:

● will cause any limitation in someone’s ability to work;

● causes permanent or long-lasting pain and discomfort;

● affects a person’s ability to do basic tasks independently;

● caused death even if not immediately after the driving incident;

● causes a person to have to undergo surgery or be admitted for hospital confinement.

Penalty for Causing Death or Serious Injury by Dangerous Driving


If you commit an offence of causing death by dangerous driving, then the maximum penalty is 14 years of imprisonment, a 2-year driving ban, and a compulsory repeat driving test.


On the other hand, if you cause serious injury due to dangerous driving, then it can result in a maximum custodial sentence of 5 years, a minimum driving ban of 2 years with a requirement to pass an extended retest after the ban.

I am committed to helping you through the legal process while providing personal attention and professional service to help minimise penalties. You may call me at 0151 601 3743 and get a free initial consultation.

How are sentences decided?


In cases like this, knowing how sentences are decided can lay the foundation for arguments that will be made in your favour. To be found guilty of this offence, the prosecution must prove that you were actually driving dangerously, that the injury or death actually occurred, and that your dangerous driving caused the injury or death.


A Crown Court Judge will decide on your sentence based on the following factors:


  • how responsible the offender was for the injury or death;
  • other offences committed at the same time, such as driving a stolen vehicle or failing to stop;
  • the serious harm caused by the offence, including whether more than one person was injured or killed;
  • whether the offender was seriously injured or was a close friend or relative of the victim;
  • the circumstances and history of the offender, such as previous convictions or actions in the past that reflect good character.

What are your possible defences?


If we can establish that your manner of driving does not fall under the definition of “dangerous driving”, then it may be considered for a lower charge, which is causing death or injury by careless driving. At the time of publication (November 2021) there is no offence of ‘causing serious injury by careless driving’, although it will likely be created during 2022. This has a maximum penalty of 5 years imprisonment.


Here is a list of other possible defences:


● You were protecting yourself from serious injury;

● Adverse reaction to a prescription drug, that caused you to be unaware of your actions;

● You were forced to drive dangerously possibly because of an imminent risk of death or serious injury;

● You were not aware that your vehicle was unsafe to drive.


Remember, the prosecution must provide evidence to support what they accuse you of. As an experienced driving offence solicitor, I can examine those pieces of evidence and if their case is weak, we can make representations and persuade them to reduce the charge or drop the case altogether.

What are the mitigating factors?


There might be some mitigating factors that help lower the possible sentence if you are charged with causing death of serious injury by dangerous driving. Here are some examples of mitigating factors:


  • remorse;
  • assisting at the scene;
  • good driving record;
  • the offender was seriously injured in the collision;
  • the victim is a close friend or relative;
  • the offender’s lack of driving experience contributed to the commission of the offence;
  • the driving was in response to an emergency;
  • actions of the victim or a third party contributed significantly to the likelihood of the collision

What are the aggravating factors?


Aggravating factors can get you a possibly higher sentence. Here are some examples:

  • more than one person was injured or killed;
  • serious injury to one or more victims, in addition to the death(s)
  • previous convictions for offences that involve dangerous driving;
  • disregard of warnings;
  • irresponsible behaviour, like failing to stop or falsely blaming the victims to be responsible for the accident;
  • driving away to avoid detection or apprehension

Get In Touch


The repercussions of road traffic accidents are physically and emotionally daunting. And it is expensive too. With an experienced driving offence solicitor, you can be confident that your rights are safeguarded and every possible defence is used in your favour.


For professional advice, contact us today at 0151 601 3743 and get a free initial consultation.

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