Careless Driving

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 that someone was inconvenienced.  It is generally a lower test than careless.

To prove careless driving it has to be shown that 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.

What am I looking at?

3 to 9 penalty points, a possible ban, a fine of up to £5,000 or (in extreme cases) a community penalty.

What effect does this have on liability?

A conviction is not good when arguing over who was responsible.  Unless you can show that 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 that the other person was not also to blame, even if they were not prosecuted or convicted.  You need advice.  Call us on 01296 662770 to speak to a qualified lawyer.  If it goes nowhere there is no cost.