Causing Death by Dangerous Driving: The Law and Available Defences
Causing death by dangerous driving is one of the most serious motoring offences in the UK, governed by Section 1 of the Road Traffic Act 1988.
This offence occurs when a driver’s actions fall far below the standard expected of a competent driver, and as a result, someone dies. The penalties for this offence are severe, often involving lengthy imprisonment, driving disqualification, and an extended retest requirement.
At Allen Hoole Solicitors, we have extensive experience in handling such complex cases. We understand the emotional and legal challenges involved and work diligently to provide our clients with expert legal representation. As the largest criminal defence firm in the South West of England, our highly skilled solicitor advocates have access to some of the best experts in fields such as collision reconstruction, toxicology, and forensic pathology, ensuring that every defence angle is fully explored.
The Law on Causing Death by Dangerous Driving
To be charged with causing death by dangerous driving, the prosecution must prove:
- Dangerous Driving: The standard of driving was far below what is expected of a competent and careful driver.
- Causation: The dangerous driving was a significant cause of the fatality.
Dangerous driving can include:
- Excessive speeding,
- Racing other vehicles,
- Driving under the influence of drugs or alcohol,
- Ignoring road signs or traffic signals,
- Dangerous overtaking or manoeuvres.
The penalties for causing death by dangerous driving are severe:
- A maximum prison sentence of 14 years,
- A mandatory driving disqualification for a minimum of two years,
- An extended retest before regaining your driving licence.
Available Defences for Causing Death by Dangerous Driving
While the consequences of causing death by dangerous driving are severe, there are several potential defences available depending on the facts of the case. At Allen Hoole Solicitors, we work closely with experts to develop the strongest possible defence strategy for our clients.
Mechanical Failure
If the vehicle suffered from a mechanical defect that was beyond the driver’s control, it may serve as a defence. For example, if the brakes fail or the steering system malfunctions unexpectedly, it can be argued that the driver was not at fault. We work with mechanical experts to thoroughly assess the vehicle and determine whether such a failure contributed to the accident.
Medical Emergency
If the driver experienced a medical emergency, such as a heart attack or seizure, which led to the dangerous driving, this can be used as a defence. The court may be persuaded that the driver was unable to maintain control of the vehicle due to a sudden, unforeseen health issue. Medical evidence from doctors and specialists will be crucial in supporting this argument.
External Factors
Sometimes, poor road conditions, adverse weather, or actions by other drivers may cause the accident, rather than the defendant’s driving. If it can be shown that these external factors played a significant role in the accident, the driver’s responsibility may be reduced. In such cases, we work with collision reconstruction experts to provide a detailed analysis of the accident scene, helping to identify external causes that contributed to the accident.
No Causation
In some cases, while the defendant may have been driving dangerously, the dangerous driving was not the direct cause of the fatality. For example, if another driver’s actions were the primary cause of the death, this could be used as a defence.
Momentary Lapse
While a momentary lapse in concentration can lead to an accident, it may not amount to dangerous driving. In such cases, the charge may be reduced to causing death by careless driving, which carries lesser penalties.
The Importance of Expert Evidence
In cases involving causing death by dangerous driving, expert evidence can play a critical role in building a defence. At Allen Hoole Solicitors, we frequently work with collision reconstruction experts, who can provide detailed reports on the mechanics of the crash and help demonstrate whether the driving was truly dangerous. Toxicologists may be used to analyse any alcohol or drug use, while forensic pathologists can help determine the exact cause of death and whether it was directly linked to the driver’s actions.
Why Choose Allen Hoole Solicitors?
At Allen Hoole Solicitors, we understand the complexity and emotional impact of cases involving death by dangerous driving. As the largest and most experienced criminal defence firm in the South West of England, we have the resources and expertise to handle these serious cases. Our experienced solicitor advocates are highly skilled in motoring law, and we work with the best experts in the field to build strong defences for our clients.
If you are facing a charge of causing death by dangerous driving, contact Allen Hoole Solicitors today. Our expert team will provide you with the legal advice and representation you need to navigate the complexities of your case and achieve the best possible outcome.