Dangerous drivers face life in prison.

Causing Death by Dangerous or Careless Driving

Drivers who cause death through dangerous driving can now receive a sentence of life imprisonment.

The maximum sentence was increased in 2022 following longstanding concerns that the previous 14-year limit did not adequately reflect the seriousness of cases involving racing, excessive speed, drink, drugs or deliberate mobile-phone use.

The law distinguishes between dangerous driving and careless driving. The fact that a death occurred does not by itself determine which offence has been committed. The court must consider the standard and circumstances of the driving.

What Is Dangerous Driving?

Driving is dangerous where:

• the standard of driving falls far below what would be expected of a competent and careful driver; and
• it would be obvious to a competent and careful driver that driving in that way would be dangerous.

Driving may also be dangerous where the vehicle is in a dangerous condition, and it would be obvious that using it creates a danger of injury or serious property damage.

Examples may include:

• racing or competitive driving on public roads;
• driving at grossly excessive speed;
• aggressive or prolonged dangerous manoeuvres;
• deliberately ignoring traffic lights or road signs;
• driving while seriously impaired by alcohol or drugs;
• driving when dangerously tired;
• continuing to drive despite a serious medical condition;
• using a mobile telephone in a way that causes prolonged or substantial distraction; or
• driving a vehicle known to be dangerously defective.

Causing Death by Dangerous Driving

A person commits the offence where their dangerous driving causes another person's death.

The offence is dealt with in the Crown Court and carries a maximum sentence of life imprisonment for offences committed on or after 28 June 2022.

The current sentencing guideline has an offence range of between two and 18 years' custody for a single offence resulting in one death.

A life sentence is the statutory maximum rather than the automatic sentence in every case.

How Does the Court Decide the Sentence?

The court assesses the driver's culpability and the aggravating and mitigating circumstances.

Factors indicating particularly high culpability may include:

• a prolonged, persistent and deliberate course of dangerous driving;
• racing or competitive driving;
• grossly excessive speed;
• driving while substantially impaired by alcohol or drugs;
• deliberately ignoring warnings from passengers;
• using a mobile telephone for a prolonged period;
• driving to evade the police;
• carrying passengers or a dangerous load;
• previous relevant convictions; or
• driving while disqualified.

The court may increase the sentence where more than one person was killed or where other people suffered serious injuries.

Mobile-Phone Use and Fatal Collisions

There is no separate offence called "causing death by using a mobile phone".

Instead, the prosecution will examine whether the phone use caused the standard of driving to become dangerous or careless.

Relevant conduct might include:

• reading or composing messages;
• using social media;
• recording or watching video;
• searching online;
• taking photographs;
• selecting music;
• making a handheld call;
• entering information into an application; or
• looking at the device for an extended period rather than the road.

A short or momentary distraction may be treated differently from deliberate and sustained use, but even brief phone use can have catastrophic consequences.

The Handheld Mobile-Phone Offence

It is generally illegal to hold and use a mobile telephone, sat-nav, tablet or another device capable of sending or receiving data while driving or riding.

The prohibition applies even where the vehicle is:

• stopped at traffic lights;
• queuing in traffic;
• being used to supervise a learner driver; or
• operating with a stop-start engine.

The usual fixed penalty is £200 and six penalty points.

A driver taken to court may receive a driving ban and a fine of up to £1,000, or £2,500 when driving a bus or goods vehicle.

What About Hands-Free Use?

Hands-free equipment is not prohibited in the same way as holding and using a device.

However, a driver can still be prosecuted where hands-free use distracts them and causes their driving to fall below the required standard.

Possible offences include:

• careless driving;
• dangerous driving;
• failing to maintain proper control of the vehicle;
• causing serious injury by careless or dangerous driving; or
• causing death by careless or dangerous driving.

The safest approach is to place the telephone out of reach and avoid calls or other interactions while driving.

What Is Careless Driving?

Driving is careless or inconsiderate where the standard falls below, rather than far below, that expected of a competent and careful driver.

Examples may include:

• a momentary lapse of concentration;
• misjudging the speed or distance of another vehicle;
• failing to check properly before turning;
• briefly looking at a telephone or navigation system;
• driving too close to another vehicle;
• emerging from a junction without sufficient care; or
• failing to notice a cyclist or pedestrian.

The distinction between careless and dangerous driving can be difficult and frequently depends on detailed evidence about the manner, duration and seriousness of the driving.

Causing Death by Careless Driving

Causing death by careless or inconsiderate driving remains a separate criminal offence.

It has not been abolished or merged with dangerous driving.

The maximum sentence is five years' imprisonment, and the current sentencing range extends from a community order to four years' custody.

The court must sentence according to the standard of driving rather than treating every fatal collision as dangerous driving.

Why Is Careless Driving Not Treated as Manslaughter?

A fatal consequence does not necessarily mean that the driver's conduct was equivalent to gross negligence or an unlawful killing of the type required for manslaughter.

The criminal law assesses both:

• the harm caused; and
• the driver’s level of blameworthiness.

A brief error by an otherwise careful driver can cause a death, but it is legally different from deliberate racing, extreme speeding or sustained mobile-phone use.

This distinction can be painful for bereaved families, but it reflects the principle that sentences should account for both the outcome and the offender's culpability.

Death Caused While Under the Influence

Causing death by careless driving while under the influence of drink or drugs is a separate and more serious offence.

It can apply where the driving itself was careless and the driver:

• was over the prescribed alcohol limit;
• was over a specified drug limit;
• was unfit through drink or drugs;
• failed to provide a specimen; or
• failed to permit analysis of a blood sample in the required circumstances.

The maximum sentence is life imprisonment for offences committed on or after 28 June 2022.

The sentencing guideline provides an offence range from 26 weeks to 18 years' custody.

Driving Disqualification

A conviction for causing death by dangerous driving normally results in an obligatory driving disqualification.

For offences committed after the 2022 reforms, the minimum disqualification is generally five years, although the actual period may be substantially longer.

The court must also order an extended driving test before the person can regain a full licence.

The period of disqualification may be extended to take account of time spent in custody.

Causing Serious Injury by Dangerous Driving

Where dangerous driving causes serious injury rather than death, the driver may be prosecuted for causing serious injury by dangerous driving.

Serious injury means physical harm amounting to grievous bodily harm.

The offence can apply to injuries such as:

• brain injury;
• spinal injury;
• amputation;
• serious fractures;
• permanent disability;
• severe burns; or
• significant psychiatric injury.

Causing Serious Injury by Careless Driving

A new offence of causing serious injury by careless or inconsiderate driving came into force in 2022.

It was introduced to address cases where the driving was not dangerous but caused life-changing injury.

The offence carries a maximum sentence of two years' imprisonment.

Previously, a person whose careless driving caused catastrophic injury could often be sentenced only for ordinary careless driving, which does not itself carry a custodial sentence.

Why Was the Law Changed?

Before the reforms, the maximum sentence for causing death by dangerous driving was 14 years.

Campaigners and bereaved families argued that this was inadequate in the most serious cases, particularly where the driver:

• raced on public roads;
• used a mobile phone deliberately and repeatedly;
• drove at extreme speed;
• was heavily intoxicated;
• had previous dangerous-driving convictions; or
• caused several deaths.

The Police, Crime, Sentencing and Courts Act 2022 increased the maximum to life imprisonment for causing death by dangerous driving and causing death by careless driving while under the influence of drink or drugs.

Does a Life Maximum Mean a Driver Will Serve Life?

No.

The maximum penalty allows the court to impose a life sentence in the most serious case permitted by law.

Most sentences will be determined within the guideline range after considering:

• the standard and duration of the driving;
• speed;
• drink or drug impairment;
• mobile-phone use;
• previous convictions;
• the number of victims;
• attempts to escape responsibility;
• remorse;
• a guilty plea; and
• the offender’s personal circumstances.

A guilty plea can reduce the custodial term, but it does not remove the seriousness of the offence.

What Evidence Is Used?

A fatal or serious collision investigation may examine:

• mobile-phone records;
• vehicle data and event recorders;
• CCTV and dashcam footage;
• witness statements;
• speed calculations;
• braking and tyre marks;
• road and weather conditions;
• toxicology results;
• medical evidence;
• sat-nav or application data; and
• the mechanical condition of the vehicle.

Police may seize and examine a telephone even where the driver denies using it.

Leaving the Scene or Failing to Report

A driver involved in a collision involving injury or specified property damage must stop and provide the required details.

If details are not exchanged at the scene, the collision must generally be reported to the police as soon as reasonably practicable and within 24 hours.

Leaving the scene, attempting to conceal evidence or falsely blaming another person can aggravate the sentence and may result in additional charges.

The Importance of Education and Enforcement

Higher maximum sentences address punishment after a death has occurred, but sentencing alone cannot prevent collisions.

Reducing deaths linked to telephone use also requires:

• public education;
• visible police enforcement;
• roadside and camera technology;
• employer driving policies;
• responsible design of in-vehicle systems;
• passengers challenging unsafe behaviour; and
• drivers treating phone use as socially unacceptable.

A message or telephone call is never more important than the safety of other road users.

Compensation for Bereaved Families

Criminal proceedings punish the driver but do not automatically compensate the family.

A separate civil claim may seek compensation for matters including:

• financial dependency;
• funeral expenses;
• loss of services;
• bereavement damages where the statutory conditions are met;
• psychological injury suffered by an eligible claimant; and
• losses incurred by the deceased’s estate.

The Motor Insurers' Bureau may assist where the driver was uninsured or cannot be identified.

Legal Advice Following a Fatal Collision

A driver arrested or interviewed following a fatal collision should obtain specialist criminal and motoring-law advice immediately.

Bereaved families may require separate advice concerning:

• the police investigation;
• the charging decision;
• the inquest;
• victim personal statements;
• compensation;
• insurance claims; and
• reviewing a decision not to prosecute.

The Current Position

The proposal to increase the maximum sentence for causing death by dangerous driving has been implemented.

For offences committed from 28 June 2022, the maximum is life imprisonment.

The maximum for causing death by careless driving while under the influence of drink or drugs was increased to life at the same time.

Causing death by ordinary careless or inconsiderate driving remains a separate offence with a maximum sentence of five years.

The law also now includes a specific offence of causing serious injury by careless driving, carrying a maximum of two years' imprisonment.

Finding a Motoring Law Solicitor

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Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about road traffic law in England and Wales and does not constitute legal advice. Road traffic law and procedure may differ in Scotland and Northern Ireland, and the outcome of each case will depend on its facts.

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