While generically referred to as "Careless Driving", this is technically "Driving Without due Care and Attention" and covers both inconsiderate and careless driving. One or both vehicles involved in a road traffic accident may have committed this offence and it is not uncommon for both drivers to be prosecuted.
To prove inconsiderate driving it must be shown someone was inconvenienced. It is generally a lower test than careless.
To prove careless driving it has to be shown the standard of your driving fell below that of the reasonably competent driver. The Highway Code is indicative of the standard of a reasonably competent driver that should be applied.
3 to 9 penalty points, a possible ban, a fine of up to £5,000 or (in extreme cases) a community penalty.
A conviction is not good when arguing over who was responsible. Unless you can show the conviction had no bearing on the accident circumstances you are likely to be held at least partially responsible. However, that is not to say the other person was not also to blame, even if they were not prosecuted or convicted.
Dangerous driving is a more serious offence than careless driving and requires a greater degree of fault or neglect. The offence can be committed based on the state of your vehicle as well as the quality of your driving or riding.
To prove dangerous driving it has to be shown that the standard of your driving fell well below that of the reasonably competent driver. The Highway Code is indicative of the standard of a reasonably competent driver that should be applied, but if your driving or riding put someone else at risk the offence is likely to have been committed. The same applies if you were not paying attention to what you were doing, such as when using your mobile phone.
3 to 11 points, a ban for at least a year, compulsory re-test at the end of your ban and possible prison for up to 6 months with a fine of up to £5,000 (Magistrates' Court) or prison for up to 2 years with an unlimited fine (Crown Court). While it is possible for you to receive a community punishment, the starting point is jail.
A lot. It is highly unlikely you would be able to show that the conviction had no bearing on the accident circumstances, so you are likely to be held at least partially responsible. This is not to say the other person was not also to blame, but with a conviction for dangerous driving you are likely to be held at least 50% to blame for any accident if not 100%.
You need advice as soon as possible, preferably before you are convicted as by then it may be too late to do anything. Call us now and speak to Nick Routh, an experienced lawyer who has dealt with many contentious car accident injury claims and so understands all the complexities of driving offences and how they affect liability.