August is National Road Victim Month, highlighting the impact of road traffic incidents and raising awareness of their legal and emotional consequences. Every year, thousands of people suffer life-changing injuries on UK roads that could have been prevented with just a moment's more care and attention.
One of the most significant legal developments in recent years is the introduction of the offence of causing serious injury by careless driving. It bridges the gap between minor traffic violations and more serious charges like dangerous driving. Transport and Motoring Law Associate Solicitor Georgina Power breaks down what careless driving means, why the offence was introduced, and what penalties drivers could face.
What is careless driving?
Careless driving – also known as driving without due care and attention- refers to behaviours that fall below the standard expected of a competent and careful driver. These often result from momentary lapses in concentration, like:
- Driving too close to a cyclist or another vehicle
- Tailgating
- Being distracted by eating, drinking, or using a device
- Failing to look properly before pulling out of a junction
What is considered a serious injury?
For the purposes of this offence, "serious injury" means grievous bodily harm. This includes:
- Broken bones
- Severe burns
- Internal injuries
- Any injury requiring hospital treatment or resulting in long-term impact
If the injury is significant, it is generally considered serious under the law.
What is the penalty for causing serious injury by careless driving?
Causing serious injury by careless driving is a 'triable either way' offence. This means that the case can be heard in either the Magistrates' Court or the Crown Court, depending on the severity of the incident.
The maximum penalty for this offence is up to 2 years' imprisonment and a mandatory driving disqualification of at least 12 months. Sentencing guidelines consider the level of harm and culpability.
If you've been charged with this offence, it's critical to seek legal advice immediately. Our Motoring Defence Team can:
- Assess the details of your case
- Identify potential defences or mitigating factors
- Represent you in court
- Work to minimise the impact of the charge
Early legal intervention can make a significant difference in the outcome.
Why was this offence introduced?
Before this offence was introduced in 2022, if a driver caused a serious injury like broken bones or internal damage because they weren't paying proper attention, the law didn't treat it as seriously as many felt it should. Drivers could only be charged with careless driving, which often meant just a fine or points on their licence, even if someone was left with life-changing injuries.
This didn't sit right with victims, families, or road safety campaigners. People argued that the law needed to better reflect the real impact of careless driving, especially when someone ends up in hospital or faces long-term recovery.
So, the government introduced a new offence: causing serious injury by careless driving. It's designed to:
- Hold drivers more accountable when their actions cause serious harm
- Give courts more power to issue tougher penalties
- Recognise the seriousness of injuries caused by even brief moments of inattention
This change helps make sure that victims feel that their suffering is taken seriously, and that drivers understand the importance of always staying focused and careful behind the wheel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
