Understanding your rights after a road traffic accident

Road traffic accidents are regrettably quite common, making up a significant cause of personal injuries in the UK. In 2022, 135,480 casualties of all severities were reported due to road collisions.

From drivers and cyclists to pedestrians and motorcyclists, keeping road safety at the front of mind is essential for all road users. Failing to prioritise road safety can have serious consequences, including a driving ban and facing a possible prison sentence.

Our trusted legal partners Slater Heelis have put together this useful guide to the various kinds of road traffic offences, and how they might affect you.

Dangerous Driving

The offence of Dangerous Driving is covered by the Road Traffic Act 1988. Essentially, the courts will test whether the standard of driving falls far below what would be expected of a reasonable and competent driver. They will then try to determine whether it would be obvious to the driver that the manner of their driving was dangerous.

The courts will consider many factors when assessing the standard of driving, for example, pedestrian traffic or weather conditions. Some driving behaviours that the courts have regularly deemed dangerous are excessive speed and excessive braking, racing, tailgating, undertaking, and evidence of a lack of concentration.

If you are accused of Dangerous Driving, the potential consequences can be serious. A Dangerous Driving conviction will result in an obligatory minimum 12-month disqualification with a compulsory, extended re-test. More severe cases of Dangerous Driving can result in a prison sentence of up to two years and the surrender of your vehicle.

If you believe you have been unfairly charged with Dangerous Driving, don’t panic; our team are ready to help. Our criminal defence team have years of experience in supporting a wide range of legal matters and is here to help you every step of the way.

Careless Driving

According to the Road Traffic Act 1988, Careless Driving is defined as driving without care and attention or reasonable consideration for other road users. The courts will test whether the driving fell below the standard of a competent and careful driver.

Dangerous Driving, however, is defined as falling far below the standard of a competent and reasonable driver and whether it would be obvious to the driver that they are driving dangerously.

This charge will not result in a prison sentence; however, if you are convicted of Careless Driving, you can be issued between 3-9 penalty points, a discretionary disqualification, and a fine of up to £2,500.

If you are accused of Careless Driving, you must consult an experienced solicitor who can help you keep damage to your driving licence to a minimum.

Speeding

In 2017, the system for speeding fines was revised to deliver the harshest penalties to the worst speeding offenders who are most likely to be involved in road traffic accidents and who pose the most considerable risk to the public.

Speeding penalties are categorised depending on severity. These categories are determined by how many miles over the speed limit the offender was driving and other factors, such as weather conditions, the type of vehicle, and the amount of traffic.

You can read a step-by-step guide on what to do if you’re caught speeding here.

The minimum penalty for a driving offence is a £100 fine and three points on your licence. This is a Conditional Offer which you can choose to accept or reject. If you decide not to accept this offer, you have the option of going to court instead.

If you plead not guilty in court but are found guilty, the maximum penalty for speeding can be up to £1,000 or £2,500 if you were found speeding on a motorway.

You may also risk disqualification of your licence if you accumulate 12 or more penalty points within three years. If you are still in the first two years of having passed your driving test, exceeding six penalty points will result in your driving licence being withdrawn.

What are the possible defences to a speeding offence?

Some common defences include:

• Lack of, or flawed, evidence
• Inaccurate equipment
• Emergency
• Mistaken identity
• Necessity to avoid greater harm

Driving While On Mobile Phone

According to the Road Traffic Act 1988 and the Road Vehicles (Construction & Use) Regulations 1986, to be guilty of driving on a mobile phone offence, you must be:

• Using a hand-held mobile phone or hand-held device which is capable of transmitting or receiving data whilst driving;
  
  or

• Driving a motor vehicle in a position that does not give proper control or a full view of the road and traffic ahead.

Did you know the mobile phone driving law changed in 2022? You can read an updated guidance here.

What sort of penalties could I face?

If you are caught driving while using a mobile phone, you could receive six penalty points on your licence, a £200 fine (up to £450 if driving a truck or lorry or up to £1,000 if found guilty in court), or a discretionary disqualification.

While this may all seem straightforward, these offences can be complicated when applying the law.

Drink and Drug Driving

If you are prosecuted for a drink (or drug) driving offence, the consequences can be severe. You could face a 12-month driving ban, a fine of up to £5,000, a risk of imprisonment for up to six months and an increased risk of losing your vehicle.

To read more about the legal threshold for various substances, click here.

To read more about alcohol limits and possible consequences, click here.

Driving Without Insurance

Insurers often cancel insurance policies for unsuspecting drivers due to a missed direct debit payment or lack of communication, putting them at risk of losing their licence. Usually, the first time drivers become aware of an issue is when the police stop them.

If you are caught driving without insurance, the sentencing options available to the court are:

• Disqualification from driving

• Between 6-8 penalty points

• Financial penalty

If you are charged with this offence, our expert solicitors can assist you when preparing an argument to the court.

One such argument is a special reason, an argument which seeks to persuade the court that the ordinary penalty should not apply and involves a hearing in court. If your special reasons are proven, you will receive no penalty points on your licence, and no monetary penalty will be imposed.

Contact Us

Road traffic accidents can happen at any time, and it can often feel daunting to be accused of an offence. If you need representation at the police station or in court for any road traffic offence, our dedicated team will help. You can contact us by calling 0161 969 3131 or by filling out our confidential contact form, and we will contact you as quickly as possible.

This article was first published on the Slater Heelis website

Further reading

• Do I need a solicitor for a police interview?
• What to after a fatal accident: a checklist for families