Road traffic
Causing serious injury by careless or inconsiderate driving
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody
Actus reus
- Cause serious injury to another by driving an MPV on a road or public place without due care and attention or without reasonable consideration (RTA 1988, s.2C(1)).
- Serious injury in England and Wales means physical harm amounting to GBH for the OAPA 1861 (s.2C(2)).
Mens rea
- Careless or inconsiderate driving. No need to foresee serious injury.
Defences
Driving not careless or inconsiderate · Injury not GBH-level · No causation · Not the driver
Sentencing Council
Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 2 years’ custody.
At the police station
Medical notes decide whether this is s.2C or plain careless driving. Same special-reasons point on disqualification as other obligatory-disq RTA offences.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.2C ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗