What Really Happens When a Driver is Investigated After a Crash

A serious road incident doesn’t finish when the road reopens. For drivers, it can mean questioning by the police, seizure of their phone or vehicle, and the possibility of criminal charges. For those driving for work, the impact can reach further - to their employer, regulators, and even company directors.

Whether you’re a commuter, self-employed, or managing a fleet, it’s vital to know how police investigations in England and Wales unfold. They typically move through four stages:

Stage 1 – The Golden Minutes After a Crash

The first few minutes after a collision are the most dangerous — legally as well as physically.

Police can, uniquely in motoring cases, take an account from a driver at the roadside without legal representation. Shocked and shaken, many drivers apologise or speculate: “I didn’t see them,” “I was tired,” “the sun was in my eyes.” Courts have later treated such remarks as admissions of fault.

For company drivers, the risks double. A comment about fatigue, workload or vehicle condition can trigger questions about whether the employer properly managed risk, opening the door to Health and Safety Executive (HSE) investigation under the Health and Safety at Work Act 1974.

What is said in those golden minutes can shape the whole case. Immediate legal advice is critical to stop drivers, and businesses, from losing control before the investigation even begins.

Stage 2 – The Police Interview

After investigation at the scene, drivers may be arrested or invited to a voluntary interview under caution. The term “voluntary” is misleading, these interviews carry the same weight as one under arrest. Anything said is recorded and can be used in court.

This is often where drivers try to “clear things up,” but inconsistencies or poorly chosen words can strengthen the prosecution’s case.

Meanwhile, investigators gather CCTV, dashcam, tachograph data, telematics, vehicle inspection reports, and witness statements. For work-related collisions, investigators may also demand employer records: training logs, maintenance schedules and certain policies such as fatigue management.

If those records are incomplete, the investigation may expand beyond the driver to the company itself — exposing directors to scrutiny, Traffic Commissioner referrals, and potential HSE prosecutions.

With specialist representation, drivers can provide a clear written statement and avoid damaging admissions.

Stage 3 – Pre-Charge Engagement

Between the interview and charging decision lies a crucial opportunity: pre-charge engagement.

Here, defence lawyers can actively influence the course of the case. They may submit dashcam footage, expert reports, or witness evidence that the police overlooked. They can also make legal representations highlighting why prosecution is not in the public interest.

Handled well, this stage can mean the difference between “no further action” and a criminal trial.

The Crown Prosecution Service itself encourages such early defence input, yet many drivers and businesses miss this opportunity.

Stage 4 – The Charging Decision

Finally, the police and CPS decide whether to prosecute. The outcome determines whether a driver walks away or faces life-changing criminal proceedings.

Possible outcomes include:

• No Further Action (NFA): often achieved where early legal advice prevents missteps.

• Prosecution for criminal offences including:

  • Careless Driving: carries 3–9 points, higher fines (up to 250% of weekly income), and short bans — now more common under revised sentencing guidelines.

  • Causing Serious Injury by Careless or Inconsiderate Driving (since 2022): punishable by up to 2 years in custody and a mandatory disqualification.

  • Causing Serious Injury by Dangerous Driving: punishable by up to 5 years in custody and a mandatory disqualification of a minimum 2 years.

  • Dangerous Driving or Causing Death by Careless/Dangerous Driving: the most serious offences, dealt with at Crown Court, with lengthy prison terms.

For individual drivers, even a so-called “minor” conviction means points, a record and insurance hikes. For employers, a prosecution can trigger HSE action, Traffic Commissioner scrutiny, rising premiums, and lasting reputational harm.

Protecting Yourself and Your Business

For drivers: Even if you’re not driving for work, the risks are the same. A single roadside comment can alter the course of your future. With CrashLaw24, you get 24/7 immediate access to a lawyer at the roadside.

For fleets: When a driver is investigated, so are you. LMP Fleet gives your drivers real-time legal protection and shields your business from regulatory and reputational fallout.

Contact LMP Legal today for immediate advice and 24/7 roadside support — always by your side.