Death by Dangerous Driving
It is one thing for bereaved familys to deal with the untimely and sudden loss of a loved one on the road, but when the death is due to a deliberate or reckless disregard to life, it is harder to take. For information on causing death be careless driving please click on the link.
Death by Dangerous Driving?
For the purposes of this website, there is no need to go into detail about what constitutes “dangerous driving” as it is very much dependent upon individual facts and moreover a common sense. Some guidance can be obtained from the Crown Protection Service:
Three Common Offences of Causing Death while Driving.
- Causing Death by Careless driving or Inconsiderate Driving:(Section 2B of the Road Traffic Act 1988, amended by the Road Safety Act 2006, s. 20).
Examples of Careless Driving :
• Driving too close to another vehicle.
• Driving through a red light by mistake.
• Overtaking on the inside.
• Turning in to path of another vehicle.
• Being avoidably distracted by the radio, cigarette etc.
Source: Crown Prosecution Service Fact Sheet
2. Causing Death by Dangerous Driving: (Section 1 of the Road Traffic Act 1988).
Examples of Dangerous Driving :
• Racing / Going too fast / driving too aggressively.
• Ignoring traffic lights.
• Overtaking dangerously.
• Driving when knowing there is a serious fault with the vehicle.
• Being dangerously distracted by a map / phone / radio etc.
Source: Crown Prosecution Service Fact Sheet:
3. Causing death by careless driving when under the influence of drink or drugs: (Section 3A Road Traffic Act (RTA) 1988).
Examples of death by carless driving when under the influence of drink or drugs:
- Excessive alcohol consumption,
- Excessive prescription drug consumption,
- Illegal drug consumption,
- Mixture of drugs and alcohol consumption,
Most Serious offence is Death by Dangerous Driving Offence.
This will involve driving that is deliberate, the CPS use the words “a flagrant disregard” for the rules of the road, examples include:
- A prolonged, persistent and deliberate course of very bad driving
- Consuming substantial amounts of alcohol or drugs leading to gross impairment.
Death by Dangerous Driving creating substantial risk of danger to life.
This is the second serious charge which the following will be taken into account by the Police:
- Excessive speed, racing or competitive driving against another driver,
- Avoidable distraction such as using your phone, reading, composing a text message over a period of time.
- Driving under the influence of alcohol or drugs, failing to take prescribed medication or as a result of a known medical condition.
Death by Dangerous Driving creating significant risk of danger to life.
The third charge and less serious compared to the other two charges but nevertheless, the end result is still the same.
- Driving above the speed limit/at a speed that is inappropriate for the prevailing conditions.
- Driving when knowingly deprived of adequate sleep or rest or knowing that the vehicle has a dangerous defect or is poorly maintained or is dangerously leaded.
- A brief but obvious danger arising from a seriously dangerous manoeuvre.
- Driving whilst avoidably distracted.
- Failing to have proper regard to vulnerable road users.
Are You Affected by the Death of a Loved One Due to Dangerous Driving?
You are not alone. We are here to help you every step of the way. Our philosophy is the same (see our quote below). We help you get to the truth, support you through the Courts and Inquest hearing and claim any compensation for the family left behind.