Legal Beagle
Causing Death by Careless Driving - Find out about the new law
On the 17th February 2008 at Chester Crown Court Portuguese lorry driver Paulo Jorge Nogueria da Silva was sentenced by Mr Justice Irwin to 3 years in prison for causing a motorway collision that tragically killed the Staham family of Mother, Father and four childrenm
It was alleged that he was using a laptop computer in his cab seeking directions just seconds before the crash, which crushed the Staham's vehicle between his 40 tonne Daf artic and another Volvo lorry.
The Jury found him guilty if six counts of causing death by careless driving but not guilty of causing death by dangerous driving. After the verdict the Court was told that he had a previous conviction for driving whilst using a phone.
The sentence was widely criticised as he is likely to serve only 18 months before release on licence.
The Road Safety Act 2006 introduced a new offence of causing death by careless or inconsiderate driving which was to plug the gap in fatal accident cases where previously a charge of death by dangerous driving would usually result.
Section 20 of the Act states:
A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
A person drives carelessly when the offence of driving without due care and attention is committed which is when the driving falls below the standard expected of the reasonable, prudent and competent driver in all circumstances of the case.
A person drives dangerously when the way they drive falls well below the standard expected of the reasonable, prudent and competent driver in a way that would be dangerous.
Drivers must be reminded that if they look at sat nav, adjust the radio, check a map, do their make up, light up or even eating a sandwich, if it affects the standard of driving and results in a fatal accident, then this maybe sufficient evidence to secure a conviction and impose a prison sentence of up to 5 years.