Driving accidents that result in death are among the most serious cases before the criminal courts. They are devastating for everyone involved, and the legal process that follows is often lengthy, complex, and emotionally draining.
Most serious collision cases begin with uncertainty about the circumstances and standard of driving. The dividing line between careless and dangerous is often the central issue in dispute, and the final charge is usually confirmed only after expert collision reports, reconstruction evidence, and CPS review.
It is vital to obtain expert legal advice at the earliest opportunity, so that you understand the process and have the reassurance and support needed to face what lies ahead. We specialise in defending serious driving offences and are recognised as a Tier 1 firm in the Legal 500. We aim to exceed expectations of what a defence solicitor can deliver in terms of client care, responsiveness and robust representation.
The Law, Defences, and Next Steps
To secure a conviction, the prosecution must prove that:
- the defendant was driving a mechanically propelled vehicle on a road or other public place
- the driving caused the death of another person
- the manner of driving met the legal test for either careless or dangerous driving
The driving must have caused the death
The prosecution must prove that the manner of driving was a cause of the death, not merely that the defendant was driving at the time of a fatal incident. If the death resulted from an independent factor – such as the actions of another road user, a medical episode, or a sudden mechanical failure – the offence is not made out.
Dangerous driving
The prosecution must show that the standard of driving fell far below what would be expected of a competent and careful driver, and that it would have been obvious to such a driver that driving in that way would be dangerous.
Common examples include:
- driving at grossly excessive speed, racing or aggressive manoeuvres
- overtaking where it is clearly unsafe
- ignoring traffic lights or road signs
- driving while impaired through drink, drugs, fatigue or a medical condition
- becoming dangerously distracted by a phone or other device
- continuing to drive a vehicle with a known mechanical defect or unsafe load.
Careless driving
The prosecution must show that the driving fell below (but not far below) the standard expected of a competent and careful driver.
Common examples include
- momentary inattention or distraction
- misjudging another vehicle’s speed or distance
- failing to observe properly before manoeuvring
- following another vehicle too closely
- entering a junction without adequate observation.
The right defence strategy can only be determined after a careful, tailored review of the full circumstances. Common strategies include:
The driving did not meet the legal threshold
Arguing that the driving did not fall below (or far below) the standard expected of a competent and careful driver. This may include demonstrating a momentary lapse, or the influence of other factors such as another driver’s actions or road conditions.
Dangerous vs careless driving
Even where some fault is accepted, the prosecution must still prove that the driving was obviously dangerous. Expert collision or reconstruction evidence can be used to show that the risk would not have been apparent, supporting a reduction from dangerous to careless driving.
Sudden or unexpected hazard
Establishing that the driver was confronted with a sudden emergency, such as another vehicle emerging unexpectedly, a pedestrian stepping into the road, debris, or an animal. The court must assess whether the driver’s instinctive reaction was reasonable in the circumstances, rather than judging with hindsight.
Identity of the driver
Where it is not clear who was driving, the prosecution must prove identity beyond reasonable doubt. This may involve challenging CCTV, eyewitness evidence, or vehicle data.
Sudden mechanical defect
Establishing that the vehicle developed an unforeseen defect such as brake, steering, or tyre failure, arising without warning and outside the driver’s control.
Sudden medical episode
Loss of control due to an unforeseen medical event such as blackout or seizure may amount to a defence where there was no prior warning.
Challenging prosecution evidence and disclosure
Failures to preserve or disclose CCTV, dashcam, forensic material, or digital data may undermine the fairness of proceedings. In some circumstances, we can challenge the admissibility of certain prosecution evidence.
Driving under immediate threat
In rare cases, a defence of duress of circumstances or necessity may apply. This is where the driving was a response to an imminent threat.
Any road traffic accident that results in a fatality will involve a detailed forensic investigation. Led by a specialist Serious Collision Investigation Unit (SCIU), the process usually takes many months before any charging decision is made.
The driver will normally be interviewed under caution, either following arrest or by voluntary attendance. The police will often impose bail conditions, and seek bail extensions.
Early legal representation can play a crucial role. Many cases involve a careful judgment about how much detail to put forward in the police station interview. In some cases, after reviewing the initial interview approach conducted with the advice of a prior solicitor, we will advise additional information to be put forward on your behalf to the investigating officer.
We can also provide ongoing advice and support so you know what to expect and are placed in the best possible position.
If the police and Crown Prosecution Service decide to prosecute, you will either be charged at the police station or receive a postal requisition to attend court. All cases begin in the Magistrates’ Court.
At the first Magistrates’ Court hearing, the court will ask for an indication of plea and identify any outstanding key evidence or disclosure issues. Causing death by careless or dangerous driving is indictable only and must be sent to the Crown Court.
At the Crown Court, a formal plea is entered. If you plead not guilty, the court will fix a trial date and set a timetable for the service of evidence and expert reports.
If you plead guilty, careful preparation for sentence is critical. A properly drafted basis of plea and strong mitigation can make a significant difference to sentence.
We can intervene at an early stage (before a charging decision) to submit representations to the CPS or police, arguing that the case should not proceed or that a lesser charge of careless driving is more appropriate.
If you are due to attend court, we can request the case papers in advance and provide tailored advice on the process and the best defence strategy.
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