Over Taylor Biggs

On the 17 February 2008 the truck driver was sentenced to 3 years in prison for causing the motorway collision that tragically killed Mr and Mrs Staham and their four children.  It was alleged that the truck driver was using a laptop computer in the cab of his 40 tonne articulated lorry seconds before the crash to seek directions to avoid a hold-up.

The jury found the driver guilty of six counts of causing death by careless driving but not guilty of causing death by dangerous driving.   After the verdict the Court was told that he had a previous conviction for driving whilst using a mobile telephone.  The sentence was widely criticised, as the driver is likely to serve only 18 months before release on licence.

The Road Safety Act 2006 provides that a person who causes the death of 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 persons using the road or place, is guilty of an offence

A person drives carelessly when driving without due care and attention that is when the driving falls below the standard expected of the reasonable, prudent and competent driver in all the circumstances.

A person drives dangerously when the way he drives falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous.

In this case the jury did not find that his driving had fallen far below the expected standard. They therefore found him guilty of the lesser charge of death by careless driving.

Prior to the Road Safety Act 2006 coming into force the driver would not have received a custodial sentence.  Convictions for death-related driving offences now are likely to increase, as they are easier to prove. 

All drivers need to be aware of this change in legislation.  Drivers are reminded that if they are looking at a satellite navigation monitor, adjusting a radio, checking a map or even unwrapping a sandwich and this affects the standard of driving and results in a fatal accident, this may be sufficient evidence to secure a conviction and impose a prison sentence of up to five years.