KNOW YOUR RIGHTS
Here at Patterson Law, we have recently had several cases of people being prosecuted for “causing serious injury by careless driving”. The offence itself is very serious, carrying a minimum 12-month disqualification, and in most cases a community order such as unpaid work, and in serious cases, prison.
It sounds very serious, and most people think they will never be prosecuted for it – but the facts of most cases are quite innocuous, and it really could happen to anybody. For example if you accidentally run into the back of someone and they fracture their arm (a scenario that could happen to any of us) that’s enough for prosecution and a minimum 12-month ban.
So this month, we look at the offence itself and what professional drivers can do to protect themselves.
The offence
Historically, where the standard of someone’s driving has fallen below what is expected, there are one of two offences that the police can prosecute:
l The first is careless driving, which carries between 3–9 penalty points as well as financial penalties.
l The second is dangerous driving, where the standard of driving falls far below what’s expected, and which carries a minimum 12-month ban and an extended retest.
These offences have been around for decades and were the two main charges brought against bad driving.
In 2012, the government created a new offence of “causing serious injury by dangerous driving”, where if your driving was particularly dangerous and serious injury was caused, you would not just receive a minimum 12-month disqualification, but would also most likely go to prison.
But for many years after that, there was a significant gap between people who caused serious injury where their driving was careless and perhaps only received 5 or 6 penalty points, and those who caused serious injury where their driving was dangerous, who would end up in prison and be banned for years.
So in 2022, the government introduced a new offence of “causing serious injury by careless driving” to bridge that gap.
68 What is careless driving?
Section 3ZA of the Road Traffic Act 1988 states that “a person is to be regarded as driving without due care and attention if … the way they drive falls below what would be expected of a competent and careful driver.”
Every case is dealt with on its own facts. Generally speaking, the Highway Code is a good place to start. A breach of the Highway Code does not auto- matically mean that your driving is careless, but likewise, always following the Highway Code will not automatically protect you from prosecution. It all depends on the specific circumstances, and driving without due care and attention can be something as serious as overtaking on a blind bend or as minor as accidentally clipping a kerb when turning into a side street.
What is serious injury?
Section 1A of the Road Traffic Act 1988 states: “serious injury means physical harm which amounts to grievous bodily harm.”
Grievous bodily harm (GBH) usually means very serious injury – but it is not limited to ‘life-changing’ injuries. A significant cut to the skin is likely to be considered ‘serious’, as will a broken bone. Injury to a finger could also amount to grievous bodily harm where the victim is a professional musician.
Causation is another important point. You do not necessarily have to be the main cause of the serious injury, simply “a” cause.
For example, if you have a minor bump with another vehicle and, in most cases, both parties would walk away unharmed, but the other driver was not wearing their seatbelt and, as a result, suffered serious injury, you could still be liable. Even though the other driver was the main cause of their own injuries, you contributed to that outcome and could therefore be prosecuted.
Sentences
It is in sentencing that things can become quite concerning.
Generally speaking, sentencing works in categories depending on two factors: harm and culpability. The following table sets this out, followed by a list of relevant factors. You identify where the offence sits within the table and work from there.
APRIL 2026 PHTM
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