Early legal intervention reduces fatal collision charge from dangerous to careless driving

An HGV driver contacted LMP via our 24/7 service shortly after being involved in a fatal motorway collision during an evening delivery route. Emergency services were already in attendance and, given the tragic outcome, the driver faced investigation for causing death by dangerous driving.

In the immediate aftermath of the collision and just prior to calling LMP, the driver explained to the police that they believed they had briefly looked away from the road to interact with in-cab technology. Although the distraction lasted only a matter of seconds, investigators considered whether it amounted to dangerous driving and whether it had contributed to the fatal collision.

Our team immediately engaged with the investigating officers and arranged a voluntary interview to take place the following day. This provided an opportunity for specialist preparation and ensured that the driver's account was presented in a clear, accurate and carefully considered manner.

The prepared statement acknowledged that the driver had experienced a brief but avoidable distraction, whilst also setting out the wider circumstances of the incident, the driver's exemplary professional record and the fact that there had been no previous history of similar conduct. It further demonstrated the driver's genuine remorse and willingness to cooperate fully with the investigation.

Following a detailed review of the evidence, including collision reconstruction reports, telematics data and witness evidence, the prosecution concluded that the evidential threshold for causing death by dangerous driving was unlikely to be met. The driver was instead charged with causing death by careless driving.

The driver later received a custodial sentence of 18 months' imprisonment. Whilst the outcome remained serious, the reduction from causing death by dangerous driving significantly altered the sentencing landscape. The offence originally under consideration carries a maximum sentence of life imprisonment, whereas the charge ultimately pursued reflected the prosecution's acceptance that the driving was more properly characterised as careless rather than dangerous.

The case highlights the importance of obtaining specialist legal advice at the earliest opportunity, particularly where comments made in the immediate aftermath of a fatal collision may influence the direction of an investigation and the charging decisions that follow.

If you or someone you represent is under investigation for a serious driving offence, contact LMP Legal - specialist road traffic lawyers with national expertise in defending fatal and serious collision cases.