Death by Careless Driving Sentencing Guidelines

Causing death by careless driving is among the most serious driving offences heard in the Criminal Courts. Although it does not require a person to fall far below the standard of driving of a careful and competent driver, unlike its counterpart; death by dangerous driving, it does require the driver to fall some degree below that standard. 

The offence is usually charged when a person’s driving falls below the required standard and results in the death of another person, either at the scene or shortly afterwards. Conviction can result in a lengthy prison sentence, disqualification from driving and reputational and personal consequences that affect every part of life.

When determining the appropriate sentence, the court will assess the specific behaviour of the driver, including any aggravating factors such as driving whilst disqualified, using a mobile phone, or being affected by alcohol or drugs. The court will also consider mitigating circumstances such as a previously clean driving record, low culpability, or genuine remorse.

At JMW, our driving offence solicitors have a wealth of experience in defending allegations of death by careless driving, both during prosecution and by presenting mitigating factors (indicating lower culpability) during sentencing. In the following guide, we have outlined the legal consequences for death by careless driving based on the official sentencing guidelines, how you may be able to dispute your charge, and what you should do if you are accused of causing death by careless driving.

What Is Classed as Causing Death by Careless Driving?

Causing death by careless driving is an offence under section 2B of the Road Traffic Act 1988. It applies when a person drives a mechanically propelled vehicle in a way that falls below the standard expected of a competent and careful driver, and that driving causes the death of another person. You may also hear the offence referred to as ‘causing death by inconsiderate/ reckless driving’.

This differs from causing death by dangerous driving, which requires a far greater departure from safe driving standards, often involving disregard for the safety of others or knowingly taking serious risks. Careless driving, by contrast, may involve a momentary lapse in concentration, a misjudgement, or a simple failure to give reasonable consideration to other persons using the road.

Examples of driving behaviour that could lead to this charge include but are not limited to:

• Inappropriate speeds.
• Undertaking/ tailgating.
• Turning into the path of an oncoming vehicle.
• Failing to notice a pedestrian crossing the road.
• Being distracted by a phone, sat-nav or other in-car device.
• Following another vehicle too closely.
• Driving at a speed that is inappropriate for the conditions, even if within the speed limit.

The fact that death resulted does not necessarily mean the court will impose a prison sentence. The sentencing court must look at all the circumstances, including the driver’s conduct, the foreseeability of the incident and the level of carelessness involved before they come to a decision. It is therefore essential that you seek legal advice at the earliest opportunity.

How the Sentencing Guidelines Work

The Sentencing Council’s guidelines for causing death by careless or inconsiderate driving help the courts determine an appropriate sentence based on two primary factors:

• Culpability: how far below the expected standard the driving fell.
• Harm: in these cases, harm is fixed due to the fatal outcome.

Culpability is divided into three categories:

• Level A (high culpability): Standard of driving was just below threshold for dangerous driving and/or includes extreme example of a culpability B factor.
• Level B (medium culpability):
• Unsafe manoeuvre or positioning
• Engaging in a brief but avoidable distraction
• Driving at a speed that is inappropriate for the prevailing road or weather conditions
• Driving impaired by consumption of alcohol and/or drugs (see step 5 on totality where this is the subject of a separate charge)
• Driving vehicle which is unsafe or where driver’s visibility or controls are obstructed
• Driving impaired as a result of a known medical condition and/or in disregard of advice relating to the effects of medical condition or medication
• Driving when deprived of adequate sleep or rest
• The offender’s culpability falls between the factors as described in culpability A and C
• Level C (lower culpability): Standard of driving was just over threshold for careless driving. Momentary lapse of concentration. 

The sentencing court will also examine any aggravating factors that could increase the offender’s culpability and lead to a harsher sentence. These include:

• Previous convictions for motoring offences.
• Driving whilst disqualified or without a valid driving licence or insurance.
• Using a mobile phone or other device while driving.
• Failing to stop at the scene or call emergency services.
• Carrying passengers, especially vulnerable persons such as children or older adults.

Mitigating factors may reduce the seriousness of the offence and lead to a more lenient sentence. These include:

• A clean driving record and evidence of being a generally careful driver.
• Remorse shown from the outset and full cooperation with police enquiries.
• Offending behaviour that was only briefly careless or arose from distraction.
• A medical condition or external event that was beyond the driver’s control.

If a driver accepts guilt, or is found guilty after trial, a skilled motoring offences solicitor, such as the team at JMW, can make a strong argument that the driving fell into the lowest culpability bracket. This meticulous preparation of the drivers mitigation can be the difference between a driver going to prison or avoiding a custodial sentence.  It is therefore vital that an expert solicitor in motoring offences is instructed to prepare the case from start to finish. 

Where the circumstances shown do not warrant a custodial sentence, your solicitor may argue in favour of a community sentence, a suspended sentence, or reduced disqualification, helping to protect your future and avoid harsher outcomes. For an offence which resulted in death, this is a very difficult outcome to achieve and therefore thorough preparation is key. The court has discretion, and persuasive representation can significantly influence the sentencing options considered. JMW has many case studies and success stories of how we achieved this for our clients.

What Penalties Could You Face?

Sentences for causing death by careless driving vary depending on the court’s assessment of the facts and level of culpability. The offence can be heard in either the Magistrates’ Court or the Crown Court, although more serious cases are usually sent to the Crown Court due to the potential for a custodial sentence.

The maximum penalties include:

• Custodial sentence: up to five years’ imprisonment.
• Disqualification: a minimum of 12 months with an obligatory extended re-test.
• Fine: an unlimited financial penalty may be imposed either as part of a community order or in addition to disqualification.

The sentencing court may also impose an interim disqualification following a charge, preventing you from operating a motor vehicle before the case concludes.

The presence of alcohol, excess speed or other offences committed at the same time, such as driving whilst disqualified, or failing to stop, may result in a separate charge and a more severe sentence.

Death by Careless Driving Versus Death by Dangerous Driving

The distinction between death by careless and dangerous driving is central to how the courts treat these offences. In both cases, a person has died, but the nature of the driving is what differentiates the charge.

• Death by dangerous driving (section 1 of the Road Traffic Act 1988) requires a clear disregard for road safety, such as racing on public roads, overtaking dangerously or driving whilst intoxicated. The standard of driving must fall far below that expected of a careful and competent driver.
• Death by careless driving does not require deliberate risk-taking but still reflects a failure to meet the standard of a competent and careful driver.

Sentencing for death by dangerous driving can result in up to 14 years’ imprisonment (offences committed before 28 June 2022) or life imprisonment (offences committed after 28 June 2022) and a longer disqualification period. For this reason, it is common for legal teams to seek to reduce a dangerous driving charge to a careless driving charge where the evidence allows. The foundations for this are often canvassed at interview stage, you should therefore ensure you have appropriate representation.

What to Do if You Are Accused of Causing Death by Careless Driving

If you have been accused of causing death by careless driving, the police may arrest you at the scene or at a later time during the investigation. In some cases, especially where there is no immediate risk of further offending or flight, you may instead be invited to attend a voluntary interview under caution. Depending on the circumstances and strength of the evidence, the police may refer the case to the Crown Prosecution Service (CPS) for a charging decision. Once formal proceedings begin, the court may also impose an interim disqualification from driving while the case is ongoing.

You should not attempt to defend the charge or give a detailed statement without seeking advice from a motoring offences solicitor. The decisions you make early in the process can affect the outcome, and legal advice from the outset is critical to identifying any procedural or evidential weaknesses in the case against you.

At JMW, our careless driving team represents clients at every stage of the criminal justice process, from police station interviews through to hearings in the Magistrates’ Court or Crown Court. We work through every detail of the case to assess liability, identify any mitigating circumstances and provide clear advice on your options.