Careless driving is one of the most common causes of road accidents in the UK and can lead to trauma, personal injury or worse. But what is careless driving by definition, and how is it distinct from more serious offences like dangerous driving? In this helpful guide, we’ll take you through these intricacies, look at the legal consequences of careless driving and how it might impact a personal injury claim.
Examples of careless driving
Careless driving covers a wide range of actions on the road. These are some of the most common examples of carelessness while driving:
- Tailgating — This is when you drive too close to the back of the vehicle ahead, increasing the risk of a rear-end collision.
- Failing to indicate — If you don’t indicate which direction you are turning or changing lanes, you could cause confusion in other drivers, which could lead to an accident.
- Red lights and stop signs — If you unintentionally run a red light or stop sign, you could cause a collision.
- Motorway lane misuse — If you misuse the lanes of a motorway or A-road, you could cause an accident unintentionally. This could be if you stay in the middle lane for extended periods, instead of using it as an overtaking lane.
If you feel that you have ever accidentally done any of the above, take a look at your driving and see if you can make some improvements as you could be deemed a careless driver if an accident occurs.
What is the difference between careless driving and dangerous driving?
While careless driving refers to lapses in judgement on the road or inattention, dangerous driving involves behaviour that is far more reckless. This could be driving under the influence of drugs or alcohol, driving at limit-breaking high speeds or deliberately aggressive maneuvers like running red lights.
How does careless driving affect personal injury claims?
When careless driving is present in the evidence of a road traffic personal injury case, it means the person who drove carelessly will be held responsible for the resulting accident. Personal injury claims following a car accident typically hinge on three main elements:
- Providing duty of care — As per the highway code, all drivers have a legal obligation to ensure the safety of others on the road.
- Establishing a breach of duty — During the case, solicitors will look to prove that a breach of this duty of care has come from the party believed to be responsible.
- Linking breach to injury — Solicitors will then try to tie this breach of duty to the accident and the resulting injuries.
Evidence is one of the most important parts of any personal injury claim. Gathering the following before presenting your case will hold you in good stead:
- Police Reports — Official records from the police can provide a factual account of the incident.
- Witness Statements — Independent accounts can corroborate your version of events.
- Dashcam or CCTV footage — Video evidence offers an objective view of the accident.
- Medical Records — Documenting your injuries is crucial for calculating compensation.
If you work with the expert solicitors at Injury Lawyers 4U, we’ll ensure that this evidence is gathered properly and presented effectively to get your case across the line.
What are the legal consequences of careless driving?
If you have been found guilty of careless driving, you might face penalties ranging from:
- Fines of up to £5,000
- 3 – 9 points on your licence
- A potential driving ban
If your driving has been deemed dangerous, or your carelessness resulted in serious injury or death, you could face court proceedings and harsher penalties, including prison time.
Also, in the case of personal injury cases, if you’ve been convicted of careless driving, this will act as a key piece of evidence against you, making it easier for the other party to succeed in their case.
What to do if you’ve been injured by a careless driver
If the worst has happened and you’ve been involved in an accident that was caused by careless driving, taking the right steps immediately can protect your claim:
1. Reporting the accident
Even for minor collisions, reporting the incident to the police ensures that an official report is created. This can be a key piece of evidence in a future case.
2. Seek medical attention
Visit A&E or your GP, depending on the seriousness of your injuries, to have your injuries assessed. This will ensure your safety and provide vital documentation for your claim.
3. Gather evidence
Take photos or videos of the accident site, vehicle damage, road conditions and any visible injuries. Also, be sure to collect the contact details of witnesses and the other drivers that were involved.
4. Notify your insurer
You need to inform your insurance provider about the accident as soon as possible, even if there was no apparent damage to your vehicle.
5. Get in touch with Injury Lawyers 4u
Seeking professional legal advice from Injury Lawyers 4u will ensure your claim is handled efficiently and give you the best chance at receiving fair compensation for your injuries and trauma.
How can Injury Lawyers 4u help with your personal injury claim?
At Injury Lawyers 4u, we have decades of experience with personal injury claims, especially when it comes to road traffic accident claims. We’ll help you to gather evidence, negotiate with your insurers and fight your battles, even if the case progresses to the courtroom.
What’s more, we offer a no-win, no-fee guarantee when we take on your case. That means we’ll only charge you for our services if your claim is successful. So, for a free consultation, get in touch today and see how we can help.