Collisions causing
serious injury
Collisions which result in a fatality may involve one or more drivers being charged with the offence of causing death by dangerous driving. Charges can be brought against drivers whose behaviour contributes to an collision, including those who have a high blood alcohol level or who are under the influence of drugs, those who exceed the speed limits for the area and those whose driving falls well below the standards expected of a competent and careful driver.
Drivers convicted in Jersey courts for causing a death by dangerous driving (Art 23 Road Traffic (Jersey) Law 1956) can receive a prison sentence not exceeding 10 years, a fine and a period of disqualification from driving.
Following the introduction of the new road traffic offence of causing serious injury by careless driving (Art 23a Road Traffic (Jersey) Law 1956) if convicted motorists can receive a prison sentence not exceeding 5 years, a fine and a period of disqualification from driving.
The offence of causing serious injury by careless driving was introduced in Jersey to address public concern regarding cases involving serious injury where the defendant’s driving was not considered dangerous and minimal sentences were being applied by the courts. Present prosecution guidelines show that a ‘serious injury’ equates to a fractured bone (excluding figure and toes) rather than a life changing injury. There is a mandatory period of disqualification from driving of 1 year, though special mitigating factors can be considered by any sentencing court.
It is therefore extremely important that driver’s who are under investigation and those acting for them, obtain early expert collision investigation advice. Even in cases where a driver has been found guilty of careless driving or is willing to plead guilty, a report bringing together the mitigating factors and thereby enabling the court to evaluate the degree of carelessness will be essential when it comes to sentencing. It could mean the difference between a custodial and non-custodial sentence or the length of any disqualification a court may be considering.
A forensic vehicle examination by a qualified collision investigator can establish whether the behaviour of a driver involved in a collision could be described as dangerous or careless and if so to what degree.
SGC Collision Solutions can help to identify aspects of a case which may otherwise have been overlooked by the investigating authority and put any degree of culpability of the driver or rider in true context.
Get in touch
If you need help to explain your involvement in a motoring incident contact SGC Collision Solutions, we can help you.
Drivers convicted in Jersey courts for causing a death by dangerous driving (Art 23 Road Traffic (Jersey) Law 1956) can receive a prison sentence not exceeding 10 years, a fine and a period of disqualification from driving.
Following the introduction of the new road traffic offence of causing serious injury by careless driving (Art 23a Road Traffic (Jersey) Law 1956) if convicted motorists can receive a prison sentence not exceeding 5 years, a fine and a period of disqualification from driving.
The offence of causing serious injury by careless driving was introduced in Jersey to address public concern regarding cases involving serious injury where the defendant’s driving was not considered dangerous and minimal sentences were being applied by the courts. Present prosecution guidelines show that a ‘serious injury’ equates to a fractured bone (excluding figure and toes) rather than a life changing injury. There is a mandatory period of disqualification from driving of 1 year, though special mitigating factors can be considered by any sentencing court.
It is therefore extremely important that driver’s who are under investigation and those acting for them, obtain early expert collision investigation advice. Even in cases where a driver has been found guilty of careless driving or is willing to plead guilty, a report bringing together the mitigating factors and thereby enabling the court to evaluate the degree of carelessness will be essential when it comes to sentencing. It could mean the difference between a custodial and non-custodial sentence or the length of any disqualification a court may be considering.
A forensic vehicle examination by a qualified collision investigator can establish whether the behaviour of a driver involved in a collision could be described as dangerous or careless and if so to what degree.
SGC Collision Solutions can help to identify aspects of a case which may otherwise have been overlooked by the investigating authority and put any degree of culpability of the driver or rider in true context.
Get in touch
If you need help to explain your involvement in a motoring incident contact SGC Collision Solutions, we can help you.