Causing Death by Careless
or Inconsiderate Driving

When a fatal collision results from a lapse in concentration or care, you may be facing a charge of causing death by careless or inconsiderate driving. While this offence lacks the high culpability of dangerous driving, the consequences remain severe for both individual drivers and employers. This page outlines the offence, legal risks, the defence process and practical steps to protect yourself or your fleet.

What is causing death by careless or inconsiderate driving?

Under section 2B of the Road Traffic Act 1988, this offence arises when a driver causes someone’s death by driving without the care or consideration one would expect. Legal definition: driving that falls below (not “far below”) the standard expected of a competent and careful driver. The driver’s behaviour need not be “obviously dangerous” — a brief lapse of attention, distraction or misjudgement can suffice.

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Examples of behaviour that may amount to this offence

• A momentary distraction: adjusting sat-nav, adjusting heating settings.

• Failing to check mirrors or blind spots before changing lanes .

• Tailgating and being unable to react to a sudden stop.

• Failing to yield or give way when required.

• Poor visibility judgement, mis-judging pedestrian or cyclist movement, failing to see a vulnerable road-user.

What are the potential penalties?

A conviction for causing death by careless or inconsiderate driving carries:

• Maximum: 5 years’ imprisonment.

• Mandatory disqualification (minimum 12 months, court discretion beyond that).

• Extended driving test required for licence restoration.

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Other Implications

Implications for individuals:

• long-term loss of driving licence, career disruption, insurance difficulties, emotional and reputational damage.

For fleet operators:

• Exposure to HSE action, Traffic Commissioner scrutiny, civil liability and negative publicity if driver training or vehicle maintenance records are weak.