Causing Serious Injury by Dangerous Driving is a serious criminal offence that can be dealt with either in the Magistrates’ Court or the Crown Court.
The elements of this offence, that the prosecution must prove, are that:
• you were the driver;
• you were driving a vehicle;
• the vehicle was a ‘mechanically propelled vehicle’;
• the vehicle was on ‘a road or other public place;
• the vehicle was driven dangerously; and
• your dangerous driving caused serious injury to a person other than yourself
The meaning of dangerous driving is set out in the Road Traffic Act 1988, s.2A.
“A person is to be regarded as driving dangerously if, and only if, the way he drives 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.
Dangerous refers to danger either of injury to any person or of serious damage to property, and in determining what would be expected of, or obvious to, a competent and careful driver in a particular car, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to be within the knowledge of the accused.”
Serious injury must be physical harm (i.e. not just psychological harm) which amounts to grievous bodily harm.
ADVICE
The aforementioned is a very brief synopsis of a relatively complicated area of law. Information on a website is no substitute for expert professional advice. Please contact me for advice regarding your specific case.