Causing Serious Injury by Careless Driving: A Legal Risk Employers Can’t Overlook

A recent decision from the Court of Appeal has clarified the direction of travel when it comes to sentencing in cases of Causing Serious Injury by Careless Driving. For employers in logistics, recovery, and wider fleet operations, this development reinforces the importance of proactively managing driving risk and ensuring that all necessary precautions are in place.

The March 2025 Appeal: What Happened?

On 26 March 2025, the Court of Appeal upheld a 16-week suspended prison sentence for a 75-year-old driver who caused serious injury in a head-on collision. The driver, who had undiagnosed sleep apnoea, fell asleep at the wheel and left the 87-year-old victim with permanent injuries and a prolonged hospital stay.

While the driver’s personal circumstances, including his age, good character, and remorse, were considered, the Court found that the seriousness of the harm caused justified the custodial sentence, extended disqualification from driving, and a requirement for an extended test.

Although this case involved a private individual, the legal reasoning is equally relevant to those responsible for managing professional drivers. Sentencing decisions in criminal cases often set expectations around what is considered proportionate or excessive, and this judgment reinforces that serious harm will attract serious consequences, even where the driving error is not deliberate.

Why This Matters for Employers

While driving incidents involving permanent injury are rare, when they do occur, the implications can be significant. For employers, there is a statutory duty to manage risks to health and safety under the Health and Safety at Work etc. Act 1974. This duty extends to work-related driving, and includes risks that are foreseeable, such as fatigue, medical conditions, and driver wellbeing.

In this case, sleep apnoea had not been diagnosed prior to the incident. Nonetheless, it was recognised by the Court as a contributing factor that could, and should, have been considered.

Employers are not expected to predict every individual health issue, but they are required to have systems in place that identify and respond to general categories of risk, particularly those known to affect drivers.

Where employers fall short in managing these known risks, they may find themselves exposed to investigation by the Health and Safety Executive (HSE) or, in the most serious cases, to prosecution under corporate manslaughter laws. Civil liability for injury to third parties is also a concern, along with potential reputational and contractual consequences.

Managing the Risk

It would be wrong to suggest that every incident of careless driving leads to a custodial sentence. Sentencing decisions are fact-specific and influenced by a range of factors. However, the recent  case above demonstrates that when an incident results in serious, lasting harm, the courts will lean towards robust penalties, even where compelling mitigation is present.

The HSE’s guidance on driving for work makes clear that driver health and fatigue are recognised risk factors. Employers are expected to consider how these might be identified or monitored over time, not just during recruitment, but through regular check-ins and risk assessments.

Providing initial driver training is not enough. A more sustained approach to supervision, fatigue management, and incident preparedness is now expected. Employers should also consider how drivers are supported in recognising symptoms that may affect their safety on the road.

Planning Ahead for Better Protection

For organisations managing drivers, a clear and proportionate approach to road risk is essential. This doesn’t require an overhaul of operations, but it does mean reviewing whether policies are actively identifying and addressing potential areas of concern.

It may be helpful to review how your current systems manage:

• The monitoring of driver fatigue and medical fitness,

• The structure of rotas and shift patterns,

• The availability of refresher training,

• Incident response procedures including whether drivers know how to respond if involved in a serious incident.

These are all areas where small improvements can make a meaningful difference, not only in terms of safety, but in reducing potential legal exposure should something go wrong.

Legal Support That’s Ready When You Need It

Fleet operators know better than most that incidents can occur even with the best preparation. When they do, it’s essential that drivers receive appropriate advice, and that legal support is available without delay.

At LMP Legal, we provide rapid legal assistance to organisations dealing with serious road traffic incidents. Our Fleet 24/7 Legal Roadside Support service ensures your drivers are never without guidance when it matters most.

If a driver in your business were involved in a serious incident tomorrow, would they know what to say and what not to say? Would your policies withstand scrutiny from the courts or regulators?

These are difficult questions, but the answers are vital.

Contact LMP Legal to discuss how we can help your business manage legal risk and ensure your drivers are protected and prepared before, during, and after an incident.