Careless Driving Causing Serious Injury Offences
- Without due care and attention, or
- Without reasonable consideration for other road users.
You will usually be asked to attend a police interview before a charging decision is made, and it is vital you get advice before making any comment.
Get in touch if you have received:
- A request to attend a police station interview about a traffic accident
- Contact from the police telling you that they are charging you with causing serious injury by careless driving
- A court summons
- A postal requisition
- A court hearing date
Careless Driving Causing Serious Injury can be dealt with in the Magistrates’ Court or the Crown Court. Our driving offence solicitors have experience handling these potentially very serious cases and can guide you through the process.
What Counts as “Serious Injury”?
- Fractures
- Internal organ damage
- Substantial loss of blood
- Long-term or permanent impairment
Penalties and Consequences
- On indictment (Crown Court): Up to 2 years’ imprisonment, a fine, or both
- On summary conviction (Magistrates’ Court): Up to 6 months’ imprisonment, a fine, or both
- Obligatory driving disqualification of at least 12 months
- Endorsement on your driving record
How we help
- We can represent you at an interview at the police station
- We can write to the police to ask them to withdraw or reduce the charge to careless driving if appropriate
- We can advise you on your plea
- We can tell you how to strengthen your case
- We can represent you in court
- We can represent you in court at a plea hearing, a case management hearing, a trial, or a sentencing hearing
How we help
If you are charged with a serious offence and have a defence, we will advise you on it. It is not uncommon for these offences to be overcharged, and if we believe this is the case, we will strive to persuade the prosecution to reduce or discontinue the charge.
We work with specialist motoring offence barristers who will represent you at the Crown Court. You will have the best chance of defending your case successfully. If a guilty plea is appropriate, we will prepare strong mitigation to reduce your sentence.
If you would like to know more please contact us today.
Defending Cases
The prosecution must prove the elements of the offence as required by the legal definition. If they cannot, then you are not guilty of the offence. As a starting point, the prosecution must prove that your driving amounted to careless driving. The prosecution must also establish that serious injury was caused.
In many cases, the correct charge is careless driving, which carries a much lower sentence. If you would like to learn more, please visit our Careless Driving page.
What is Careless Driving?
Although it is an objective test, there is also an element of subjectivity when considering whether driving is careless. Sometimes, the prosecution may charge this offence even when there is insufficient evidence of ‘serious injury’
In light of the above, there are many occasions where the offence is overcharged.
If there is no serious injury, the correct charge may be careless drivingwhich carries a much lower sentence. If you would like to know more, please visit Careless Driving.
Careless Driving Causing Serious Injury Offence FAQs
What does “serious injury by careless driving” mean?
This offence is defined under Section 2C of the Road Traffic Act 1988. It applies when a person causes serious injury to another by driving without due care and attention, or without reasonable consideration for other road users. It is a criminal offence and can lead to imprisonment, disqualification, and a criminal record.
The law does not require that the defendant’s driving must be a significant or substantial cause of injury.
The driving need not be the only cause of injury. However, the driving must be a cause and it must be something more than a slight or trifling link. It is important to note that to be a cause of injury in law, the driving must in some way be the actual cause of harm, and not simply create an occasion for an accident.
What counts as a “serious injury”?
- Broken bones or fractures
- Internal organ damage
- Significant blood loss
- Long-term or permanent impairment
Can I be prosecuted even if the injury was accidental?
Yes. This offence does not require intent. If your driving is found to have fallen below the standard expected of a competent and careful driver, and someone is seriously injured as a result, you may be charged.
What are the penalties for causing serious injury by careless driving?
- Up to 2 years’ imprisonment (Crown Court)
- Up to 6 months’ imprisonment (Magistrates’ Court)
- A fine
- Obligatory disqualification from driving for at least 12 months
- Endorsement on your driving licence
Will I lose my driving licence?
Yes, if convicted, disqualification is mandatory for at least 12 months. The court may also require you to take an extended retest before you can drive again.
I’ve been asked to attend a police interview. What should I do?
Contact us immediately. You may be invited to a voluntary interview under caution, or interviewed following arrest. What you say can be used in court. We can attend with you, advise you beforehand, and ensure your rights are protected throughout.
Can Pragma Law help from the beginning?
Absolutely. We assist clients from first contact with the police, through to Magistrates’ and Crown Court hearings. Early legal advice is crucial — and we’re here to guide you every step of the way.
Get Help
Get in touch by completing the contact form below, and one of our team will get back to you.