Causing serious injury by dangerous driving – Explained

Causing serious injury by dangerous driving represents one of the most serious motoring offences in England and Wales, carrying substantial penalties including imprisonment, lengthy driving bans, and life-changing consequences for both victims and defendants. This offence under Section 1A of the Road Traffic Act 1988 criminalises driving behaviour that falls far below acceptable standards and results in significant harm to others. Our professional Motoring Law Solicitors provide essential representation for those facing these grave charges, where the stakes involve freedom, reputation, and future driving privileges.

The legal framework surrounding causing serious injury by dangerous driving has evolved significantly, with enhanced sentencing guidelines and increased maximum penalties reflecting society’s growing intolerance for dangerous driving behaviour. Understanding the elements of this offence, potential defences, and sentencing implications becomes crucial for anyone involved in cases where serious injury results from alleged dangerous driving conduct.

Legal definition and elements of the offence

Section 1A of the Road Traffic Act 1988 defines the offence as occurring when a person causes serious injury to another by driving a mechanically propelled vehicle dangerously on a road or other public place. The prosecution must prove three essential elements beyond reasonable doubt: that the defendant was driving dangerously, that serious injury was caused to another person, and that a causal link exists between the dangerous driving and the resulting serious injury.

Dangerous driving is defined under Section 2A as driving that falls far below what would be expected of a competent and careful driver, where it would be obvious to such a driver that driving in that manner would be dangerous. This standard is objective, meaning the court considers what a reasonable driver would think, rather than what the defendant personally believed about their driving behaviour.

Serious injury in England and Wales, is physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. This requires proof of “serious injury” which generally means injury requiring medical treatment and having lasting effects beyond minor cuts or bruises. The courts consider factors such as the need for hospital treatment, surgical intervention, permanent disability, or psychological trauma when determining whether injuries meet the threshold for this offence.

Examples of dangerous driving behaviour

Dangerous driving encompasses a wide range of behaviours that significantly increase the risk of harm to other road users. Excessive speed, particularly in inappropriate conditions such as residential areas, school zones, or adverse weather conditions, frequently forms the basis for serious injury by dangerous driving charges when accidents result in significant harm.

Aggressive driving behaviours including tailgating, overtaking in dangerous circumstances, ignoring traffic signals, or engaging in road rage incidents can constitute dangerous driving. Mobile phone use while driving, particularly activities requiring visual attention such as texting or video calls, may also amount to dangerous driving where it contributes to serious accidents.

Driving under the influence of alcohol or drugs often elevates charges to serious injury by dangerous driving where the impairment affects driving ability to a dangerous degree. Similarly, driving whilst knowingly unfit due to fatigue, medical conditions, or prescription medication effects can constitute dangerous driving behaviour under appropriate circumstances.

Sentencing guidelines and penalties

The Sentencing Council guidelines for serious injury by dangerous driving establish a sentencing range from 26 weeks to five years’ imprisonment, depending on culpability and harm factors. The guidelines categorise cases into different levels based on the severity of driving behaviour and the extent of injuries caused to victims.

Higher culpability cases involve factors such as deliberate decisions to ignore road rules, prolonged dangerous driving, or driving under the influence of alcohol or drugs. These cases attract starting points of four years imprisonment with sentencing ranges extending to five years. Medium culpability cases typically receive starting points of two years’ imprisonment, while lower culpability cases may range from one to three years.

All convictions for serious injury by dangerous driving carry mandatory driving disqualification of at least two years, with no discretion for exceptional hardship arguments. Offenders must pass an extended driving test before regaining their licence, and the court may impose longer disqualification periods reflecting the seriousness of the offending behaviour.

Court procedures and legal process

Cases of serious injury by dangerous driving are triable either way, meaning they can be heard in either the Magistrates’ Court or Crown Court depending on the seriousness and complexity of the case. More serious cases typically proceed to the Crown Court where sentencing powers extend to the full maximum penalties available for this offence.

The investigation process typically involves detailed accident reconstruction, witness statements, medical evidence regarding injuries sustained, and technical analysis of factors such as speed, road conditions, and vehicle defects. Expert evidence frequently plays a crucial role in establishing both the standard of driving and the causal connection between driving behaviour and resulting injuries.

Pre-sentence reports are routinely ordered to assess the defendant’s circumstances, risk of reoffending, and suitability for different sentencing options. The court considers victim impact statements detailing the physical, psychological, and financial consequences of the injuries caused when determining appropriate sentences for serious injury by dangerous driving cases.

Potential defences and mitigating factors

Defences to serious injury by dangerous driving charges may include challenging whether the driving truly fell far below acceptable standards, disputing the causal link between driving behaviour and injuries, or arguing that injuries do not meet the threshold for “serious injury” under the legal definition.

Mechanical defects unknown to the driver can provide a defence where sudden brake failure or steering problems cause accidents, provided the defendant was not aware and could not reasonably have been aware of the defects. Emergency situations requiring sudden evasive action may also justify driving that would otherwise appear dangerous in different circumstances.

Mitigating factors include genuine remorse, early guilty pleas, good driving records, personal circumstances affecting the defendant, and evidence of steps taken to address underlying issues such as alcohol dependency or medical conditions. The Sentencing Council guidelines provide detailed frameworks for considering these factors in sentencing decisions.

Impact on victims and compensation

Victims of serious injury by dangerous driving often face long-term physical disabilities, psychological trauma, and significant financial losses from medical expenses, lost earnings, and ongoing care requirements. The criminal court can order compensation payments to victims, though these typically represent only a fraction of the full losses sustained.

Civil compensation through personal injury claims provides more comprehensive recovery for victims, covering past and future losses, medical expenses, care costs, and pain and suffering awards. These civil proceedings run parallel to criminal cases and may continue long after criminal proceedings conclude.

Victim impact statements allow those affected to describe the full consequences of serious injury by dangerous driving, including physical pain, emotional distress, impact on family relationships, and changes to quality of life. Courts consider these statements when determining appropriate sentences that reflect the harm caused to victims.

Case scenario

A driver overtakes multiple vehicles at high speed on a country road with blind bends, colliding head-on with an oncoming car. The collision causes the other driver to suffer multiple fractures, internal injuries requiring surgery, and permanent mobility limitations. Police investigation reveals the defendant was travelling at twice the speed limit in an area with clear warning signs. The case proceeds to Crown Court where the defendant receives four years’ imprisonment and a five-year driving ban after pleading guilty to serious injury by dangerous driving.

Expert insights

Effective representation in serious injury by dangerous driving cases requires comprehensive case preparation:

• Early engagement with expert witnesses to analyse accident reconstruction and driving standards.
• Thorough investigation of vehicle condition, road circumstances, and environmental factors.
• Assessment of medical evidence regarding injury severity and long-term prognosis.
• Exploration of all potential defences and mitigating circumstances.
• Preparation for both Crown Court proceedings and potential civil compensation claims.

Over the years, Fosters Solicitors has built a reputation for its handling of complex and serious motoring cases such as causing death by dangerous driving, causing death by careless driving and dangerous driving.

Our record of successfully defending these cases is exceptional. Rated as a Top Tier firm by the Legal 500 UK, our experienced team also includes ‘Leading Partners’ named by the same publication.

Using expert evidence where appropriate (including reconstruction), we provide the fullest possible service in order to achieve the best possible outcomes for our clients.

Contact us for more information.

Benefits and challenges

Strong legal representation provides several advantages:

• Professional challenge to prosecution evidence and expert testimony.
• Identification of potential defences and mitigating factors.
• Effective advocacy to minimise sentences within guideline ranges.
• Coordination between criminal proceedings and civil compensation matters.

However, significant challenges exist in these cases:

• Serious nature of charges carrying substantial prison sentences and driving bans.
• Complex technical evidence requiring specialist expert analysis.
• High emotional stakes for both defendants and victims involved.
• Long-lasting consequences affecting employment, family, and personal circumstances.

Frequently asked questions

What is serious injury by dangerous driving?

Serious injury by dangerous driving is an offence under Section 1A of the Road Traffic Act 1988 where a person causes serious injury to another by driving a mechanically propelled vehicle dangerously on a road or public place. It requires proof that driving fell far below expected standards, serious injury occurred, and a causal link exists between the dangerous driving and the resulting harm.

What penalties apply for serious injury by dangerous driving?

Penalties include imprisonment up to five years and mandatory driving disqualification for at least two years. Offenders must pass an extended driving test before regaining their licence. Sentencing guidelines provide ranges from community orders to six years imprisonment depending on culpability levels and harm caused to victims.

What constitutes dangerous driving?

Dangerous driving is defined as driving that falls far below what would be expected of a competent and careful driver, where it would be obvious that such driving would be dangerous. Examples include excessive speed, aggressive driving behaviours, mobile phone use, driving under influence of substances, or driving whilst knowingly unfit due to fatigue or medical conditions.

How is serious injury defined in these cases?

Serious injury means physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. Courts consider factors such as hospital treatment needs, surgical intervention, permanent disability, psychological trauma, and the overall impact on the victim’s life when determining whether injuries meet the legal threshold for this offence.

What are the steps in prosecuting serious injury by dangerous driving?

1. Police investigation including accident reconstruction and witness statements.
2. Gathering medical evidence regarding the severity of injuries sustained.
3. Technical analysis of factors such as speed, road conditions, and vehicle defects.
4. Charging decision based on evidence strength and public interest factors.
5. Court proceedings in either Magistrates’ Court or Crown Court.
6. Sentencing consideration including victim impact statements and mitigation.
7. Implementation of driving disqualification and any custodial sentence imposed.

What defences are available for serious injury by dangerous driving charges?

Defences may include challenging whether driving fell far below acceptable standards, disputing the causal link between driving and injuries, arguing injuries don’t meet the serious injury threshold, mechanical defects unknown to the driver, or emergency situations requiring sudden action. Mitigating factors include genuine remorse, early guilty pleas, and good driving records.

The Sentencing Council guidelines provide more detailed frameworks for considering these factors in sentencing decisions.

	Culpability
Harm	A	B	C
Harm 1	Starting point 4 years’ custody	Starting point 3 years’ custody	Starting point 2 years’ custody
	Category range 3 – 5 years’ custody	Category range 2-4 years’ custody	Category range 1 – 3 years’ custody
Harm 2	Starting point 3 years’ custody	Starting point 2 years’ custody	Starting point 1 years’ custody
	Category range 2- 4 years’ custody	Category range 1 – 3 years’ custody	Category range 26 weeks – 2 years’ custody

 

This article was produced on the 4th December 2025 for information purposes only and should not be construed or relied upon as specific legal advice.