What Counts as Inconsiderate Driving, Careless Driving And Dangerous Driving?

Inconsiderate careless dangerous driving

Inconsiderate careless dangerous driving

If you’ve been injured due to another road user’s inconsiderate driving, you may be able to claim compensation. You can do this by making a personal injury claim. Being able to successfully make one revolves around proving that your injury was caused by third-party negligence. This guide will show how careless driving and dangerous driving equates to negligence and why, as such, you might be able to claim.

Inconsiderate, Careless And Dangerous Driving Claims

It will also answer important questions like:

  • What is the difference between careless driving and dangerous driving?
  • What are the careless driving sentencing guidelines?
  • Does driving aggressively or driving whilst distracted also count as negligent driving?
  • How can driving in a cycle lane or driving in a bus lane cause a road traffic accident?
  • What is the personal injury claims time limit?
  • How can a personal injury claims calculator help you?
  • What are the benefits of using a No Win No Fee personal injury solicitor from our panel?
  • How could the whiplash reforms affect me?

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.

Read on to discover more about careless driving legislation and how a personal injury lawyer could help you make a claim.

Select A Section

  1. A Guide On Claims For Injuries Caused By Inconsiderate Driving, Careless Driving And Dangerous Driving
  2. What Is Inconsiderate Driving, Careless Driving And Dangerous Driving?
  3. How Many Fixed Penalty Notices Are Issued?
  4. How Do Careless Driving And Dangerous Driving Differ?
  5. Penalties For Motoring Offences
  6. Could You Claim For Fatal Injuries Due To Careless Driving And Dangerous Driving?
  7. Could You Claim For Serious Injuries Due To Careless Driving And Dangerous Driving?
  8. Inconsiderate Driving, Careless Driving And Dangerous Driving Injury Claims Calculator
  9. Calculating Payouts For Special Damages
  10. No Win No Fee Claims For Injuries Caused By Inconsiderate Driving, Careless Driving And Dangerous Driving
  11. Why Choose Us To Learn More About Careless Driving And Dangerous Driving Claims?
  12. Contact Our Expert Team
  13. Essential References About Careless Driving And Dangerous Driving
  14. FAQs On Inconsiderate, Dangerous And Careless Driving

A Guide On Claims For Injuries Caused By Inconsiderate Driving, 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:

  1. That the third party had a duty of care towards you.
  2. That the third party’s conduct breached their duty of care.
  3. 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.

What Is Inconsiderate Driving, Careless Driving And Dangerous Driving?

If you’ve been the victim of a road traffic accident through no fault of your own, it may have been caused by another road user’s inconsiderate, careless or dangerous driving. We will go into more detail regarding the definitions of them below, but, effectively, the reason you can claim is that such conduct goes against their duty of care.

Every road user in the UK has a duty of care. This is to prevent as many car accidents or road traffic accidents as possible by preventing careless driving. The following establishes this duty of care:

  1. The Road Traffic Act 1988
  2. The Highway Code

Conduct like careless driving and dangerous driving specifically goes against the road user’s duty of care because it can endanger lives.

How Many Fixed Penalty Notices Are Issued? 

careless driving and dangerous driving statistics graph

The Home Office provide statistics regarding the number of fixed penalty notices in England and Wales. As you can see above, over 1 million people attended a retraining course due to receiving a fixed penalty notice, while over 800,000 received an endorsable fixed penalty notice.

The difference between an endorsable and a non-endorsable FPN is that, with an endorsable one, you will get points on your license and a fine, while, with a non-endorsable one, you will just get a fine. Therefore, from this data provided, a much larger proportion of people received both a fine and points on their license in the form of an endorsable FPN than a non-endorsable one.

Furthermore, if you’d like to know more about whether you’re able to claim or not, please call one of our advisors for free legal advice using the details above.

How Do Careless Driving And Dangerous Driving Differ?

You may be wondering, “what is careless driving in the UK?” Some examples of careless driving and dangerous driving are below.

Dangerous Driving

Dangerous driving relates to section 2 of The Road Traffic Act 1988. It’s defined as dangerous because the standard of driving has gone far below the expected actions of a safe and competent driver. Actions defined as this include:

  • Driving aggressively or going far above the speed limit
  • Overtaking dangerously
  • Driving while under the influence of drugs or drink. This includes some prescription drugs, as they can affect your ability to operate cars.
  • Driving when unfit to. For instance, you could be suffering from an injury that makes driving incredibly difficult, or you may be unable to see properly.
  • Ignoring warnings from road signs or traffic lights
  • Driving whilst distracted. For example, you could be using a handheld device or reading a map. Actions like this could result in your full attention not being on the road, resulting in a road traffic accident.
  • Driving while being fully aware that the vehicle has a dangerous fault or an unsafe load.

Careless Driving or Inconsiderate Driving

Careless or inconsiderate driving are grouped together due to being very similar terms. Section 3 of The Road Traffic Act 1988 clearly defines what is considered careless driving. Careless driving is when driving falls below the standards of a competent and safe driver. Actions defined as this include:

  • Unnecessarily driving too slowly
  • Driving too close to another vehicle. This is often referred to as tailgating.
  • Driving through a red light
  • Undertaking a vehicle, which is when you overtake a slower vehicle on its left-hand side.
  • Driving directly into the path of another vehicle
  • Driving in a cycle lane or driving in a bus lane. This could cause an accident due to the car attempting to merge back into a lane of traffic or due to the speed at which the vehicle is going.

There’s another thing to consider if you’re looking to claim for damage caused by a road traffic accident. Whiplash reforms, in the form of The Whiplash Injury Regulations 2021, mean that, if your injury is worth less than £5,000, you may need to claim through a different method.

If you’ve suffered an injury like whiplash, you can still give us a call for an independent evaluation of your injuries. After all, your injuries may be worth more than you think. Whether you want to know how to claim, to see if you can claim for brain damage or to see if you can claim for an injury suffered due to a taxi accident, call us now using the details above.

Penalties For Motoring Offences

Below in the table, we have looked at penalties for dangerous and careless driving.

Action Penalty
Causing death by careless driving when under the influence of drink or drugs 1 to 14 years in prison, an unlimited fine, or both; and disqualified for a minimum of two years
Causing death by dangerous driving1 to 14 years in prison, and disqualified for a minimum of two years
Causing death by careless, or inconsiderate, drivingUp to 5 years in prison, and disqualified for a minimum of one year
Careless driving£100 fines and three penalty points for the offence - a fine of up to £2,500 and disqualification
Dangerous drivingUnlimited fine, a driving ban and up to 14 years in prison

This section has helped clarify the careless driving sentencing guidelines and the potential risks involved in taking part in careless driving, like undertaking or overtaking dangerously.

Could You Claim For Fatal Injuries Due To Careless Driving And Dangerous Driving?

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.

Could You Claim For Serious Injuries Due To Careless Driving And Dangerous Driving?

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.

If you want more information about reporting a car accident or if you want to see how to claim for an accident caused by a lorry, please refer to these articles on our website.

Inconsiderate Driving, Careless Driving And Dangerous Driving Injury Claims Calculator

You may be wondering, “what can I claim for when making a personal injury claim?” There are two potential heads of claim.

  • General damages relate to the psychological and physical impact of the injury as well as the general decline in your quality of life.
  • Meanwhile, special damages relate to the financial losses caused by the injury.

Our personal injury claims calculator can help give you a better idea of the compensation you could receive. We use the information provided by the Judicial College to make sure the compensation figures we provide for you is as accurate as possible.

The Judicial College analyses previous general damages payouts. By doing this, they’ve therefore been able to create reliable compensation brackets.

Furthermore, to give you a better idea of what you could receive, please see below a list of injuries and their relative compensation brackets. The Judicial College has provided these figures.

Area of InjuryAmount of CompensationDescription
Brain£95,710 to £140,870The injured person will suffer from established grand mal seizures caused by epilepsy.
Back£69,600 to £82,980Cases 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£11,730 to £26,050This bracket includes injuries that are often encountered, such as prolapsed discs necessitating laminectomy.
Shoulder£11,980 to £18,020Injuries in this bracket include dislocation of the shoulder and shoulder and neck pain caused by lower brachial plexus damage.
Injuries to the Pelvis and Hips£36,770 to £49,270Numerous injuries fall into this bracket, such as a hip fracture that requires it to be replaced or an acetabulum fracture leading to degenerative changes.
Arm£6,190 to £18,020Simple fractures to the forearm.
HandUp to £34,480Severe finger fractures which can lead to partial amputations causing deformity and disturbed sensation.
Leg£36,790 to £51,460This bracket includes serious compound fractures or ligament or joint injuries that lead to instability and prolonged treatment.
Knee£13,920 to £24,580Injuries in this bracket include torn cartilage causing minor instability, weakness and potentially other mild future disabilities.
Foot£39,390 to £65,710Injuries in this bracket include fractures to both heels causing a substantial restriction on mobility.

Concerning the personal injury claims time limit, you would need to claim within three years or three years of being made aware of the injury. The latter option is more for people who have suffered an internal injury that they’ve not been fully aware of until years after the incident.

Calculating Payouts For Special Damages 

The special damages you can claim for careless driving and dangerous driving depends on the extent of the injury and how negatively it’s affected your life. You can claim for such things as:

  • Loss of earnings
  • Travel costs
  • Care costs, such as a care bed or a care nurse
  • Loss of future earnings
  • Prescriptions/medicine

One thing to bear in mind when claiming for special damages: if your claim is successful and you receive general damages compensation as a result, it doesn’t necessarily mean that you’ll be successful in receiving special damages compensation. Based on the evidence provided, they are both calculated independently of one another.

The evidence you would need to prove the financial losses caused includes receipts, invoices, and bank statements. If you’re unable to prove the amount of damages you want to claim, you may be unsuccessful in receiving special damages compensation.

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.

Why Choose Us To Learn More About Careless Driving And Dangerous Driving Claims?

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.

Contact Our Expert Team

Contact us at a time that works for you using the details below.

Essential References About Careless Driving And Dangerous Driving

To learn more about careless driving and dangerous driving, use the links below.

Road traffic accident statistics are provided for Great Britain by the Department for Transport. To learn more about these, click here.

Want to know more about the CPS? If so, click here.

The Health and Safety Executive (HSE) provides guidance to help prevent work-related injuries in Great Britain. Click here to know more about driving for work.

If you want to know how to claim for death caused by careless driving, please visit our website.

Click on our website for a guide on dangerous driving.

Want to know how to claim for an injury caused by a driving lesson accident? If so, click here.

FAQs On Inconsiderate, Dangerous And Careless Driving

For answers to frequently asked questions regarding what is careless driving in the UK, please see below.

What is the maximum penalty for careless driving?

For careless driving, the maximum penalty is one to fourteen years in prison, an unlimited fine or both, as well as being disqualified for a minimum of two years. If the accident is deemed to be murder or manslaughter, you may receive harsher penalties.

Can you be prosecuted for careless driving?

Yes, you can be if your driving has led to someone else being injured. This is because your actions may have gone against your duty of care.

What does the CPS say about careless driving?

It states that you can be prosecuted for it. Examples of it include driving too slowly, driving when being unfit to and remaining in an overtaking lane.

Have you driven without due care and attention?

Driving without due care and attention can be deemed careless driving and dangerous driving depending on the type of offence. Main factors that can demonstrate culpability include driving aggressively, carrying out other tasks while driving and tiredness while driving.