By Marlon Fawkes. Last Updated 20th September 2023. Welcome to this guide on careless and inconsiderate driving and dangerous driving claims. If you’ve been injured due to another road user’s inconsiderate driving, negligent driving or reckless driving, you may be able to claim car accident compensation by making car accident claims.
A victim of minor or serious injury by dangerous driving could claim compensation for their injuries, even down to driving anxiety if you’ve become nervous of driving because of the accident you were injured in.
Whether you’ve suffered minor or serious injury by the dangerous driving of someone else, this guide explains whether you could have a claim for compensation. You can get compensation by making a personal injury claim. Being able to successfully make one revolves around proving that your injury was caused by third-party negligence.
Our advisors offer free legal advice and are available 24/7 so, if you have any queries, such as wanting to know if you’re eligible to claim, please get in touch with us using the details below.
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Select A Section
- Careless Driving vs Dangerous Driving
- How Do Careless Driving And Dangerous Driving Differ?
- Could You Claim For Fatal Injuries Due To Careless Driving And Dangerous Driving?
- Could You Claim For Serious Injuries Due To Careless Driving And Dangerous Driving?
- Negligent Driving – Car Accident Compensation
- No Win No Fee Claims For Injuries Caused By Inconsiderate Driving, Careless Driving And Dangerous Driving
- Essential References About Careless Driving And Dangerous Driving
An incident on the road, such as a car accident, can have a very negative impact on your life. The injury you suffer could leave you unable to work and, in extreme circumstances, could permanently affect your quality of life.
This guide will explain the duty of care that every road user in the UK needs to abide by. It will also explain what careless driving and dangerous driving are to better understand claims. The important thing to bear in mind is that if you’ve suffered due to someone else’s inconsiderate driving, you may be able to claim because of how their conduct breached the duty of care towards you.
To make a successful personal injury claim, you need to prove the following:
- That the third party had a duty of care towards you.
- That the third party’s conduct breached their duty of care.
- And that this action led to your injury.
If you’re unable to prove the above three things, your personal injury claim will be unsuccessful. To learn more about claiming, please contact our advisors for free legal advice. They can answer any personal injury queries you may have.
The Road Traffic Act 1988 defines careless driving as driving that falls below the standard of a competent and careful driver. This is driving without due care and attention, in a way that does not give reasonable consideration to the safety of other road users.
Careless driving can be classified as dangerous driving if these actions are considered actively dangerous.
According to the Police website, examples of dangerous driving include:
- Speeding, or aggressive driving
- Driving under the influence
- Driving an unsafe or unfit vehicle
- Ignoring road traffic lights
Examples of careless driving include:
- Driving too close to another vehicle
- Unnecessary braking
- Misusing lanes
- Overtaking on the inside
A careless driving charge after an accident in the UK can be less than one for dangerous driving. However, both would be considered negligent driving if it led to an accident and injury.
If you are interested in learning whether someone could face a careless driving charge after an accident in the UK, the below distinctions may be useful. They could help you work out whether the driver who caused your accident was driving carelessly or dangerously.
You can still claim if your loved one has died due to being the victim of dangerous driving. The Crown Prosecution Service (CPS) explains the potential legal ramifications of being the cause of such an incident. You could become a convicted driver if you’re deemed to be liable. The penalties include:
- If you’ve been under the influence of drugs or drink, leading to death caused by careless driving, you could be sentenced to one to fourteen years in prison, be forced to pay an unlimited fine or both, as well being disqualified from driving for a minimum of two years.
- Causing death by dangerous driving also has the penalty of one to fourteen years in prison and being disqualified for at least two years.
- If your careless or inconsiderate driving has led to someone else dying, you can be sentenced to up to five years in prison and be disqualified from driving for at least a year.
- You could also cause death by driving whilst uninsured, unlicensed or disqualified. You would, therefore, receive up to an unlimited fine, up to two years in prison or both as well as a disqualification from driving for at least a year.
- Finally, your careless driving and dangerous driving could be of such a nature as to be deemed murder or manslaughter. If so, you could suffer life imprisonment and a driving ban for at least two years.
You don’t need to necessarily have been in a car to make a successful personal injury claim. If you’ve been involved in a cycling accident caused by a car changing lanes or an uninsured driver has hit you, view these articles on our website to see if you can claim. Alternatively, call our advisors for free legal advice 24/7 using the details above.
Serious injuries can be caused due to being the victim of a car accident. If the accident wasn’t your fault, you may be able to make a successful claim if you’re able to prove that your injuries were caused by third-party negligence.
As we discussed above to be eligible to make a personal injury claim for compensation generally the onus is on you to prove that the accident was caused by a party who had a duty of care to keep you safe. Proving this requires evidence such as; CCTV footage, witness statements, medical evidence, police and insurance reports also photographic evidence may be needed.
Should you have suffered an injury in a car accident, you could be eligible to claim compensation. If you are eligible to claim, your car accident compensation will depend on various factors, including the severity of your injury, the length of your recovery period and the impact on your quality of life. For example, a more serious injury by dangerous driving could attract a higher compensation amount.
Compensation for car accident injuries could include general and special damages. General9 damages compensate successful claimants for the pain and suffering, as well as any loss of amenity caused by their car accident injuries. Special damages compensate such claimants for any out-of-pocket expenses their injuries cause.
How Are Car Accident Compensation Payouts Calculated?
If you successfully claim compensation for a car accident, your payout could include general damages to compensate you for the pain and suffering you’ve endured. Additionally, it may include special damages for the costs and losses caused by your injury.
When assessing general damages payouts for car accident claims, a solicitor could look at the latest edition of the Judicial College Guidelines (JCG). This publication provides compensation brackets for a variety of injuries at different severities. We’ve put together a table below, which includes some figures from the 2022 JCG. However, this is only rough guidance, though we can offer you a more precise estimate if you call us today on our free helpline.
|Area of Injury
|Amount of Compensation
|Brain – Epilepsy (a)
|£102,000 to £150,110
|The injured person will suffer from established grand mal seizures caused by epilepsy.
|Back (a) (ii)
|£74,160 to £88,430
|Cases in this bracket have special features that take them outside of lower bracket injuries regarding orthopaedic injury to the back. This includes injuries that lead to sexual difficulties and unsightly scarring.
|Back (b) (ii)
|£12,510 to £27,760
|This bracket includes injuries that are often encountered, such as prolapsed discs necessitating laminectomy.
|£41,970 to £70,030
|Injuries in this bracket include fractures to both heels causing a substantial restriction on mobility.
|Leg (b) (iii)
|£39,200 to £54,830
|This bracket includes serious compound fractures or ligament or joint injuries that lead to instability and prolonged treatment.
|Injuries to the Pelvis and Hips (a) (iii)
|£39,170 to £52,500
|Numerous injuries fall into this bracket, such as a hip fracture that requires it to be replaced or an acetabulum fracture leading to degenerative changes.
|Up to £36,740
|Severe finger fractures which can lead to partial amputations causing deformity and disturbed sensation.
|Knee (b) (i)
|£14,840 to £26,190
|Injuries in this bracket include torn cartilage causing minor instability, weakness and potentially other mild future disabilities.
|£12,770 to £19,200
|Injuries in this bracket include dislocation of the shoulder and shoulder and neck pain caused by lower brachial plexus damage.
|£6,610 to £19,200
|Simple fractures to the forearm.
Special damages would be calculated by looking at the evidence of costs and losses caused by your injuries. They could include:
- Medical expenses
- Care costs
- Loss of income
- Travel expenses
To get a personalised estimate of your compensation, you can speak to an advisor.
No Win No Fee Claims For Injuries Caused By Inconsiderate Driving, Careless Driving And Dangerous Driving
You may be wanting to know more about the benefits of using a No Win No Fee personal injury solicitor. The benefits of having a conditional fee agreement include:
- Not having to pay legal fees either during the claims process or upfront.
- Instead, they will take a small, legally capped amount of your compensation to cover legal fees once your claim has been successful.
- Not having to pay legal fees if your claim is unsuccessful.
Therefore, your personal injury solicitor will only take your case if they feel you have a reasonably good chance of success. It means that they won’t waste your time.
Regardless of whether you’re looking to claim for a road traffic accident while aboard or you’re wanting to know more about claiming due to a crash caused by a bend in the road, our advisors are here to help. They offer free legal advice, are available 24/7 and have years of experience. As such, they can help you with any queries and can provide you with a reliable compensation estimate over the phone.
Our panel of No Win No Fee solicitors are very knowledgeable regarding personal injury claims. They’re professional, honest and diligent meaning that they can give you the best chance of potentially receiving thousands of pounds in compensation.
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