Causing serious injury by careless or inconsiderate driving

What is causing serious injury by careless or inconsiderate driving?

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The introduction of Causing Serious Injury by Careless or Inconsiderate Driving as a distinct offence addresses a previous gap in the law that fell between Careless Driving and Causing Serious Injury by Dangerous Driving.  Whereas for Careless Driving the penalty was a fine and an ancillary order imposing points or a possible driving disqualification, a driver who causes serious injury to another as a result of the same substandard level driving now faces possible imprisonment and a mandatory disqualification from driving.

Careless or inconsiderate driving is legally defined as driving that falls below the standard expected of a competent and careful driver.  This includes a failure to pay proper attention to the road, being avoidably distracted by something within the vehicle, or showing a lack of awareness of other road users. Unlike dangerous driving, careless driving does not involve driving that is obviously dangerous to other road users, but commonly involves a simple, or brief, lapse in judgment or concentration.

What are examples of behaviour that may amount to careless or inconsiderate driving?

• Failing to check mirrors properly before changing lanes

• Being briefly distracted by a mobile phone, sat nav, or passengers

• Driving too closely to the vehicle in front (tailgating)

• Braking suddenly without good reason

• Failing to give way where required

• Failing to see another road user, for example a pedestrian or cyclist

What are the potential penalties for causing serious injury through careless driving?

A conviction for Causing Serious Injury by Careless or Inconsiderate driving carries significant legal penalties. The sentencing guidelines provide for:

• A maximum prison sentence of two years

• A minimum 12 month driving disqualification, with the length of the ban determined by the court

In cases where the custody threshold is met but an immediate custody is not imposed, the court can sentence the offender to a suspended sentence order, or in other cases where the custody threshold is not met, a community order, which can include requirements of unpaid work, curfews, or participation in rehabilitation programmes. However, even where a non-custodial sentence is imposed, the impact of a conviction remains substantial.