Any serious road traffic accident that results in significant injury will involve a detailed police investigation. Suspects are usually told that they are under investigation for both careless and dangerous driving. If a serious injury has occurred, many people assume that a prosecution for dangerous driving is almost inevitable. In reality, that is not how the law works.
The seriousness of a collision and the standard of driving are two entirely different questions. The key question is whether the driving itself fell below – or far below – the standard expected of a careful and competent driver. That assessment is often much more nuanced than people realise.
Two recent cases we handled demonstrate the point. In one, our client collided with a child crossing at a zebra crossing, causing injury. With the collision occurring on the crossing itself, the initial assumption by the police was that our client must have been at fault. However, after obtaining an independent witness statement supporting our client’s account that the child ran suddenly into the road, leaving no realistic opportunity to stop, the police concluded that no driving offence had been committed and took No Further Action.
In another case, our client was accused of causing serious injury by dangerous driving after allegedly crossing onto the wrong side of the road before a serious collision. Following detailed written submissions to the police, the allegation ultimately proceeded as careless driving.
Careless Driving v Dangerous Driving – What’s the Difference?
Dangerous driving occurs where the standard of driving falls far below that expected of a careful and competent driver, and it would be obvious to such a driver that the manner of driving was dangerous.
Careless driving applies where the driving simply falls below that expected standard.
Applying those definitions to real-life collisions is often far from straightforward. Many incidents unfold in seconds, requiring drivers to react to the movements of other drivers, unexpected hazards or rapidly changing circumstances. Whether that driving amounts to careless driving, dangerous driving, or no offence at all often depends on a detailed analysis of the evidence rather than the initial allegation.
Why the Evidence Matters
If an investigation is at an early stage, the interviewing officers may not yet have all the evidence at their disposal, such as dashcam footage, CCTV and forensic collision reports. It is also worth pointing out that the information the officers provide in pre-charge disclosure may not reveal everything they know – officers sometimes withhold key bits of evidence to test the suspect’s account.
The evidence is not a fixed picture. With vehicles moving at speed, obstructions, and the shock of the accident itself, the recollections of witnesses are not always accurate or reliable. At an early stage, we also do not know whether eyewitness evidence will ultimately form part of the prosecution case – for example, whether a witness later decides that they do not wish to provide a formal statement or attend court.
This means that, as defence solicitors, we may often disagree with the initial assumptions made by the police. Our role is to advocate for investigating officers to keep an open mind, to consider alternative explanations and, in some instances, to persuade them that the evidence points towards a different conclusion.
Initial Allegations Are Not Always the Final Picture
Immediately after a serious collision, investigators are usually working with incomplete information. Vehicles involved in the collision may have moved during the impact, making their original positioning unclear.
Witnesses may only have seen part of the incident. Darkness, weather conditions, distance and the angle from which events were observed can all affect reliability. Serious collisions are also traumatic events, and the shock of the impact can affect different people’s recollection in different ways.
In our second example, the allegation was that our client had crossed onto the wrong side of the carriageway, amounting to dangerous driving causing serious injury. However, careful analysis suggested that aspects of the witnesses’ account did not sit comfortably with the road layout and the geometry of the bend. The fine margins involved in how the collision occurred ultimately persuaded the prosecution that the allegation was more appropriately dealt with as careless rather than dangerous driving.
The case demonstrates an important point. The version of events put to a driver during interview is not necessarily how the case will ultimately be viewed once all of the evidence has been gathered and properly analysed.
Why Early Legal Advice Can Make a Difference
The police will often invite a suspect to attend a voluntary interview at the start of an investigation, rather than making an arrest. This can be a significant advantage, as it allows time to instruct a specialist solicitor and, ideally, hold a conference before attending the police station to fully prepare.
A solicitor can also obtain pre-interview disclosure from the police. In some cases, this may even include viewing CCTV footage before the interview takes place. That allows the interview strategy to be carefully calibrated in light of the available evidence, ensuring informed decisions are made about whether to answer questions, provide a prepared statement or exercise the right to remain silent.
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About the Author
Nathan Seymour-Hyde is a Partner and Solicitor within Reeds Solicitors’ Private Crime team. He specialises in defending serious motoring offences, including dangerous driving, causing serious injury by dangerous driving and causing death by dangerous driving. He regularly advises clients from the earliest stages of police investigations, including voluntary interviews, pre-charge engagement and Crown Court proceedings, with a particular focus on challenging the evidence before charging decisions are made.
