Charged with causing death by dangerous driving?

The law defines dangerous driving as when the standard of driving of a defendant falls far below the minimum standard expected of a careful and competent driver. This is a serious offence in its own right but becomes much worse when this behaviour has caused the death of another person. In such cases, a charge of causing death by dangerous driving may be brought against you for a number of reasons, including but not limited to when:

• Excessive speed was a factor in the accident
• You ignored road signs or traffic signals
• Your vehicle was not roadworthy
• You overtook where it was not safe or legal to do so

• You had excess alcohol in your blood
• You were driving under the influence of drugs
• You were driving aggressively

If the Police have charged you with causing death by dangerous driving, or you’ve been involved in a fatal road accident and believe that you may face charges, you need to speak to a specialist driving defence solicitor before giving a statement to the Police.

Call us 24/7 on 0330 041 5869 or contact us and we’ll call you.

Is there any defence to causing death by dangerous driving?

One of the most important ways to mount a successful defence to a charge of causing death by dangerous driving is to seek expert legal advice immediately. In most cases, the Police will conduct a lengthy and thorough investigation into the accident before deciding on a course of action. It’s vital that while they’re gathering evidence, your legal team has the chance to make sure that the Police are aware of your side of the story.

Should charges be brought against you, they’ll almost certainly lead to a trial where the prosecution will seek to prove that your driving would have been considered dangerous by any competent driver and also that it was a cause of another person’s death. Such trials involve close examination of every piece of evidence and significant cross-examination of any witnesses.

Crucially, the prosecution does not have to prove that you were the sole or even the direct cause of the person’s death: only that your dangerous driving was a cause. Given the evidential nature of such cases, you need to know that your legal team has the analytical experience to examine all of the evidence against you and build a firm, factual defence.

This is especially important as the Court has the power to impose up to 14 years imprisonment, together with an unlimited fine, mandatory two-year disqualification and extended re-testing when you next apply for a driving licence.

If you’ve been involved in a fatal road accident, it’s essential to talk to an experienced driving offence solicitor right away, and certainly before giving any kind of statement to the Police. Phone us 24/7 on 0330 041 5869 or contact us and we’ll call you.

Causing death by careless or inconsiderate driving

While causing death by dangerous driving is the most common charge where a road accident has led to a fatality, it’s also possible to be charged with causing death by careless driving or even inconsiderate driving.

Careless driving involves acts such as:

• Undertaking
• Tailgating
• Pulling out at junctions

Inconsiderate driving involves behaviour such as:

• Failing to dip your headlights
• Flashing your lights to make someone let you pass
• Staying in the outside or middle lane of the motorway

While these may seem like lesser offences than those involved in causing death by dangerous driving, the fact is that causing death by careless driving can lead to a custodial sentence of up to five years in some circumstances.

If you’ve been involved in any fatal road accident and either have been charged or are likely to be charged with a road traffic offence, you need to seek expert legal advice as a matter of urgency. Call us 24/7 on 0330 041 5869 or contact us and we’ll call you.