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Causing Serious Injury by Careless Driving

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The offence was introduced in 2022 for those who committed careless driving where serious injury is caused.

What is careless driving?

Careless driving, which can also be referred to as driving without due care and attention, is where the driving falls below the standard expected of a competent and careful driver. This is usually as a result of a momentary lapse of concentration and examples include:

  • Failing to look properly before pulling out of a junction
  • Turning into the path of another vehicle
  • Being distracted by eating, drinking, other passengers or using devices
  • Tailgating

What is serious injury?

Serious injury means physical harm which amounts to grievous bodily harm and includes broken bones, internal injuries, burns, injuries requiring long term treatment or long term impact.

Penalties

Causing serious injury by careless driving is an either-way offence and can be heard in either the Magistrates or the Crown Court.

The maximum sentence for causing serious injury by careless driving is 2 years imprisonment. There is a mandatory disqualification period of at least 12 months and the court have the power to order an extended re test.  When considering the sentencing council guidelines the court will look at harm caused and the culpability of the driver.

A recent court of appeal case, Ledgeway v R [2026], reduced a sentence from a suspended sentence term to a financial penalty on the basis the custody threshold was not met despite the seriousness of the injury and the manner of driving.

It is vital to seek early legal advice if you are charged with this offence. Johnson Astills have expertise in advising and representing those that find themselves accused of causing serious injury by careless driving. We will consider the evidence in your case, identify and advise you on any potential defences or mitigating factors. We will represent you in court to obtain the best outcome for you.

At Johnson Astills, we offer fixed fee initial consultations, at which we will discuss your matter in detail and provide preliminary advice and guidance. For further information, or to arrange a fixed fee consultation, please call our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312.

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