New Offence- Causing injury by careless driving

On the 28th of June 2022 a new criminal offence of causing serious injury by careless or inconsiderate driving came into effect. 

Taken directly from the Road Traffic Act 1988, the definition is “a person who causes serious injury to 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 personas using the road or place, is guilty of an offence”. Also taken from the legislation serious injury is classed as “Physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.” 

You could potentially qualify for a personal injury claim if the driver was regarded as driving without care and attention, if the way the person drove falls below what would be expected of a competent and careful driver. The driver could also receive a penalty as this is a new criminal offence. However, if you have sustained a low value injury, it may be that your claim falls into online portal. We have a blog about this service on our website, please referred to that for more information. 

The insurer involved with the vehicle should fulfil any claim. If an insurer, or even the vehicle cannot be identified, it may be possible to approach the MIB (Motor Insurers Bureau) to make a claim. The MIB is a government agency designed to compensate people injured by the negligence of uninsured and untraced drivers. If you have been involved in a road accident with an uninsured or untraced driver, you could make a claim through the MIB. The MIB could potentially compensate you for the injury you sustained as well as any property damage and financial losses you have suffered due to the accident. 

Unfortunately, if you have been involved a road traffic accident caused by careless driving and suffered an injury, you could potentially have a personal injury claim.