BSQ – Driving Law Update – Motorists now Face Prison for New Offence of Causing Serious Injury by Careless Inconsiderate Driving

As of the 28 June 2022 the Police, Crime, Sentencing and Court Act 2022 has introduced important changes to motoring law most notably creating a new offence of causing serious injury by carelessness or inconsiderate driving.

This new offence means that a driver who has a momentary lapse of concentration at the wheel and causes an accident which results in serious injury will now find themselves at risk of a prison sentence.

Previously a motorist could only be convicted for causing a serious injury where he/she was found to be guilty of the more serious offence of “dangerous driving”. Introduced to close what was regarded as a gap in the law this new offence criminalises drivers who cause serious injury having driven to the lower standard of “careless or inconsiderate driving.

The same definition of “serious injury” applies to both the new “careless” and existing “dangerous driving” offences i.e. there must be evidence of serious physical harm – such as the existence of bone injuries for example. Medical evidence in support will normally be required to prove that a serious injury has been caused. 

This new offence is likely to result in many more criminal prosecutions particularly where those injured fall within the category of “vulnerable road users” designated by recent changes to the Highway Code. This is because the bar for proving careless driving – more formally known as “driving without due care and attention”- is low. It can be met by evidence of a momentary lapse whilst in charge of a moving vehicle.

Anyone convicted of causing serious injury by careless driving is at risk of a prison sentence of up to 2 years. In contrast, the maximum sentence for causing serious injury for dangerous driving is 5 years. At the lower end of the scale the standard careless driving offence does not carry the threat of a prison sentence but can result in an endorsement of 3 to 9 penalty points or in the worst cases, a period of disqualification. In practice, many careless driving cases are diverted away from court if a driver enrols on a driver education course.

The offence can be tried in either the Magistrates or Crown Court. In the event of a conviction there will be a mandatory disqualification for a minimum period of 12 months.

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