The Road Traffic Act of 1988 outlines three main categories of unsafe driving: inconsiderate driving which includes the lesser offence of driving without due care, dangerous driving which can, dependent on the circumstances be a very serious offence and causing death by dangerous driving which always carries with it the risk of imprisonment. The penalties for each category of unsafe driving reflect the relative seriousness of the offence - ranging from fines for the least serious, to disqualification from driving and a prison sentence where life is endangered or taken.
Careless driving, defined under Section 3 of the Road Traffic Act of 1988 is:
"Driving which falls below the standard of a reasonably competent and careful driver."
Dangerous Driving, defined under Section 2A of the Road Traffic Act 1988 is:
"Driving which falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous."
Causing death by dangerous driving is an extremely serious offence which usually warrants a severe penalty. The sentence for this type of offence will normally be imprisonment which can be suspended where there are strong mitigating circumstances. There are rare occasions where a sentence of imprisonment will not be appropriate. The standard of the offender's driving at the time of the occurrence is a primary factor in determining the sentence as follows:
o A momentary lapse in judgment or a very short period of bad driving which is judged to be dangerous without any aggravating features will probably result in a short sentence of imprisonment.
o Aggressive driving or deliberately driving at an excessive speed or if driving was impaired by drugs or alcohol will likely result in a sentence of imprisonment of two to five years.
o For offences, where the driver has driven with a complete disregard for the safety of other road users or when there are aggravating features, a likely sentence will be between five and ten years.
In road traffic incidents, the police will not generally investigate unless an injury has occurred however cases which involve serious injury or death will be investigated by experienced police officers with a specialty in road traffic accident investigations. In addition, where the circumstances warrant it, a member of the specialist Accident Investigation Branch will assist the police. All evidence gathered in the investigation is sent to the independent Crown Prosecution Service which is staffed by lawyers who take the ultimate decision on prosecution. It is independent solicitors who will decide whether to pursue charges against the driver responsible for the accident and not a member of the police force.
In most cases, claims for compensation must be made to the drivers insurers or if uninsured or untraced as in a 'hit and run' incident to the Motor Insurers Bureau which indemnifies uninsured or untraced drivers and pays compensation to innocent victims however there are circumstances where the vehicle is used as a weapon in a deliberate attempt to injure a 3rd party and in those cases it is also possible to make a claim for financial recompense to the Criminal Injuries Compensation Authority, outlined in detail at actusre.us which is a specialist website dealing with compensation for the innocent victims of crimes of violence.
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