Causing Death by Driving Without Due Care: The Law and Available Defences

Causing death by driving without due care or attention is a serious offence under Section 2B of the Road Traffic Act 1988. This offence applies when a person’s driving falls below the standard expected of a careful and competent driver and results in the death of another person.

Although less severe than causing death by dangerous driving, it still carries significant penalties, including imprisonment, disqualification from driving, and fines.

At Allen Hoole Solicitors, we have extensive experience in defending clients charged with causing death by careless driving. As the largest criminal defence firm in the South West of England, our team of highly experienced solicitor advocates has handled numerous complex cases of this nature, working with experts such as collision reconstruction experts, toxicologists, and forensic pathologists to build strong defences and achieve the best possible outcomes for our clients.

The Law on Causing Death by Driving Without Due Care

The offence of causing death by driving without due care is committed when a person:

1. Drives a mechanically propelled vehicle on a road or other public place,
2. Without due care and attention, meaning their driving fell below the standard expected of a reasonable and competent driver,
3. And as a result, causes the death of another person.

Some examples of careless driving that could lead to such a charge include:

• Failing to notice pedestrians at a crossing,
• Tailgating another vehicle too closely,
• Changing lanes without proper checking,
• Being distracted by a mobile phone or other devices,
• Falling asleep at the wheel.

The prosecution does not need to prove that the defendant intended to cause death, only that their driving was careless and contributed to the fatality.

Penalties for Causing Death by Careless Driving

The penalties for causing death by driving without due care are severe, and they include:

• A maximum of 5 years imprisonment,
• Disqualification from driving for at least 12 months (which can be extended depending on the circumstances),
• A potential unlimited fine,
• An obligation to take an extended driving test before being allowed to drive again.

In determining the sentence, the court will consider factors such as the level of carelessness, the defendant’s previous driving history, and any aggravating factors (e.g., speeding or driving under the influence).

Available Defences for Causing Death by Driving Without Due Care

Defending cases of causing death by driving without due care requires careful analysis of the facts and the use of expert witnesses to challenge the prosecution's case. Some of the available defences include:

Mechanical Failure

If the vehicle suffered from a mechanical fault that caused the incident and was beyond the driver’s control, this can serve as a defence. A mechanical inspection report could demonstrate that the driver was not responsible for the failure.

Medical Emergency

If the driver experienced a sudden and unforeseen medical emergency, such as a heart attack or loss of consciousness, this may be used as a defence. Medical records and testimony from health professionals are often crucial in supporting this argument.

External Factors

Sometimes, external circumstances, such as poor road conditions, adverse weather, or the actions of other road users, can contribute to the accident. If it can be shown that the driver’s actions were reasonable under the conditions, this could form a defence or mitigate the charge.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that the defendant’s driving was careless and that it caused the death. If there is a lack of evidence or inconclusive evidence, the case may be challenged. Collision reconstruction experts can help analyse the incident and demonstrate that the driver’s actions did not fall below the expected standard.

No Causation

Even if the driver’s actions were careless, they may not have been the direct cause of death. For example, if the victim's injuries were caused by a separate event or medical issue, this could break the chain of causation and provide a defence.

The Importance of Expert Evidence

In many cases involving causing death by driving without due care, expert evidence plays a vital role in building a defence. Collision reconstruction experts can analyse the scene of the accident to determine whether the driver’s actions directly led to the fatality. Toxicologists can provide insights into whether alcohol, drugs, or other substances affected the driver’s behaviour, while forensic pathologists can help clarify the cause of death and whether it was directly linked to the driver’s actions.

Why Choose Allen Hoole Solicitors?

At Allen Hoole Solicitors, we have extensive experience in representing clients charged with serious motoring offences, including causing death by careless driving. Our size and expertise allow us to work with leading experts in fields such as collision reconstruction, toxicology, and forensic pathology. This ensures that we can challenge the prosecution’s case thoroughly and present the strongest possible defence.

As the largest criminal defence firm in the South West of England, we have a team of solicitor advocates who are well-versed in handling complex cases. We also have access to the best specialist barristers, providing comprehensive legal representation from start to finish.

If you are facing a charge of causing death by driving without due care, contact Allen Hoole Solicitors today. Our expert team will work with you to provide the best legal advice and representation, ensuring that all available defences are explored and your rights are protected.