causing death by careless driving when under the influence of drink or drugs; causing death by careless or inconsiderate driving; and causing death by driving: unlicensed, disqualified or uninsured drivers. The standard test used by the Court under the Road Traffic Act 1988 is put . Whilst it can be expected that anyone who has caused death by driving would be expected to feel remorseful, this cannot undermine its importance for sentencing purposes. ZDNmZDVlMWVlNDY3MzFhYmU3NTcxNjNlNWRkOTYyNTg3MDNlMTZjNjEwZTUz Norwich There must be clear evidence the driving or the poor standard of driving caused the fatality. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. You also have the option to opt-out of these cookies. There were various reasons for these incidents including speeding, drunk driving, driving under the influence of drugs and using a mobile phone while driving. We do not hold any data on the cost of the Think! Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme. In line with the approach where the offender is very seriously injured, the degree to which the relationship influences the sentence should be linked to offender culpability in relation to the commission of the offence; mitigation for this reason is likely to have less effect where the culpability of the driver is particularly high. To be guilty of this offence, a person must be found to have caused the death of another person by driving a mechanically propelled vehicle dangerously in a public place. YjQ3ZTZhYThlMTc5ZDkwN2QyZWM1YjBjMDEyNzhkNzRmNjJjYWZmMWMyNzRi There is a great deal of difference between recklessness or irresponsibility which may be due to youth and inexperience in dealing with prevailing conditions or an unexpected or unusual situation that presents itself which may be present regardless of the age of the offender. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Y2M4MDk4ZDNhYTQxNjMyYWRjMmJhM2ZlMGJhODJjYmE4ODY2MTMzNWZjMWU1 Y2ZhMTI2YTkzNTliYmM5ZGQxNTQ3OGRjMzZmNmRmMGVmNDU0MmJkMWM1NTE2 What is death by dangerous driving? News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports, Dangerous driver, Aaron Guest has sentence increased. Level 1 The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others. Where the drugs were legally purchased or prescribed, the offence will only be regarded as more serious if the offender knew or should have known that the drugs were likely to impair driving ability. As a result of the collision, the pedestrian died; her husband was unharmed. Where it is proved that an offender was briefly distracted by reading a text message or adjusting a hands-free set or its controls at the time of the collision, this would be on a par with consulting a map or adjusting a radio or satellite navigation equipment, activities that would be considered an avoidable distraction. ONS mortality data is taken from information collated at the point of death registration. NDBkNjlmN2I1ZTQ2MzNmZGUwYjc4YTU0OGM5ZjJmNGVmMmJjYTlkYWFhZmVl Unfortunately, we do not hold demographics, including age, gender, race, occupation, religion and marital status, of people who have caused death by dangerous driving his information. have the specialist knowledge and experience to help and guide you through this harrowing process. ZGU3MGQ4YTM0NjUzZDZiMWE1MTRjOWRiZDg0YWNjMDIzNDNlMzExYjBjYWEz Pensioner, 86, in tears after garden . Scott MacKinnon, 47, pleaded guilty to causing the death of Colin McCourt by dangerous driving. He was riding his motorcycle near Croughton, Northamptonshire, United Kingdom, near the exit to RAF Croughton, when a car travelling in the opposite direction and on the wrong side of the road . Further disaggregation of this data is available on NOMIS. MGJiY2UwM2IyMzQyZWI4ZGM0MGQxNDBmNGZiMGIwOTkyYzFkYzljZjhlZGY0 Any avoidable distraction will make an offence more serious but the degree to which an offenders driving will be impaired will vary. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 2) Is it unavoidable that a sentence of imprisonment be imposed? Select rates - All deaths, rates or percentage of population for example. If you would like to request this bespoke dataset, please contacthealth.data@ons.gov.ukto discuss your enquiry further. A man who caused his friend's death in a fatal collision, and then tried to frame the victim, has today had his sentence increased after the Solicitor General, Robert Buckland QC . However, consideration should be given to the circumstances in which the offender decided to drive or continue to drive when driving ability was impaired. 22nd May 2018 |, 4th October 2017 |, 8th August 2017 |. If there is sufficient supporting evidence, criminal charges will be brought by the police or the CPS. It is defined as driving a vehicle dangerously on a road or other public place which leads to someones death. Death by dangerous driving is a very serious offence that can result in a fourteen-year custodial sentence according to the death by dangerous driving sentencing guidelines. 13 January 2023. 6) What were the reasons stipulated given for driving bans issued by the court e.g. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. Level 2 This is driving that created a substantial risk of danger and is likely to be characterised by: Level 3 This is driving that created a significant risk of danger and is likely to be characterised by: The starting point and range overlap with Level 2 is to allow the breadth of discretion necessary to accommodate circumstances where there are significant aggravating factors. We will always give you honest advice about your case and will fight tirelessly to get the best possible outcome for you. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. the custody threshold has been passed; and, if so. "Although PC Francis has now been sentenced for this . The sentence for death by dangerous driving will be determined by a judge based on several factors, including: If you are charged with death by dangerous driving, it is important to seek legal advice as soon as possible. Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. We also use cookies set by other sites to help us deliver content from their services. , the penalties are severe including up to 14 years in prison, two-year disqualification and an extended retest. Dont include personal or financial information like your National Insurance number or credit card details. HGV driver jailed for causing death by dangerous driving. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Youve accepted all cookies. This is likely to have even greater effect where the driver is driving on public duty (for example, on ambulance, fire services or police duties) and was responding to an emergency. 9) How many people in England work in an occupation that requires a special licence e.g. A man who caused his friends death in a fatal collision, and then tried to frame the victim, has today had his sentence increased after the Solicitor General, Robert Buckland QC MP, referred it to the Court of Appeal. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. The role of the prosecution in the death by dangerous driving court case is to prove that you did offend so that you can be found guilty and convicted. Where the number of people killed is high and that was reasonably foreseeable, the number of deaths is likely to provide sufficient justification for moving an offence into the next highest sentencing band. ZjUyODRkYWY1NjMyMTFiZTY3NGVjMGZhMjlkMmRjYmVhODE4NDlmMzkwYmE1 Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, or call us on 0333 443 2366 for friendly advice, Failing to stop at the scene of an accident, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? We do not hold data on prosecutions or court outcomes for driving offences; these are held and published by the Ministry of Justice who are contactable by e-mail:ESD@justice.gov.ukand may be able to provide you with more information. 12 January 2023. The case will be allocated to either the magistrates court or the Crown Court, depending on its seriousness. This may result in a sentence level being identified that is higher than the suggested starting point, sometimes substantially so. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Triable on indictment Maximum: 14 years custody, minimum disqualification of 2 years with compulsory extended re-test. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. We recognise that even though you may be accused of being at fault, these things are rarely straightforward and dedicated assistance from people that understand is vital. Identify the appropriate starting point, Previous conviction(s), particularly where a pattern of repeat offending is disclosed. Select Age - All ages or 5-year age bands. A mandatory disqualification from driving any motor vehicle for a minimum of two years. The driver did not intentionally go out that morning, day or night to kill someone. Nadeem Badshah. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. YmRhNTk1NmZhYzI0NjhiOGJlNjZjNzlhM2M4N2ZlMGI1Y2NjNTVlMDgyY2Y5 Causing death by careless or inconsiderate driving6 1 For a discussion about the extent to which these offences are separate, see Ferguson, P., and Mc Diarmid, C., 2014. You have rejected additional cookies. [ F1 1 Causing death by dangerous driving. Road Traffic - Mutual Recognition of Driving Disqualifications (UK/Ireland) Road Traffic - Summary Offences; . The guideline for causing death by dangerous driving provides for a gross avoidable distraction to place the offence in a higher level of seriousness. The team at Caddick Davies have a wealth of experience in dealing with all types of motoring offence cases and can provide you with the expert guidance and support that you need. But opting out of some of these cookies may affect your browsing experience. Where more than one person is killed, that will aggravate the seriousness of the offence because of the increase in harm. A man has appeared in court charged with causing death by dangerous driving after a 10-year-old girl died in an alleged hit-and-run. The definition of the offence of Causing Death by Dangerous Driving is set out by the 1988 Road Traffic Act, which states 'a person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence'. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. All of this will be explained to you in more detail by your legal team. YmQ3YjBlZWUwNGFkNmEyMDk0MzFlMTU0ODcwMzY3MzY4ZmIyNWQ5OTNiODFi Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. YTc1NTdkZmI1NTNlNjZhZWRjMTM5MWY2N2MyNmIzZDQ4NzJiY2RhN2NkYzU3 We have attached an output fromNOMISfor 2013 to 2020. For sections 1 and 2 of the M1Road Traffic Act 1988 there shall be substituted " 1 Causing death by dangerous driving. This cookie is set by GDPR Cookie Consent plugin. a) causing death by dangerous driving, b) causing death by careless driving c) failing to stop at the scene of an accident 6) What were the reasons stipulated given for driving bans. Although concurrent sentences are likely to be imposed (in recognition of the fact that the charges relate to one episode of offending behaviour), each individual sentence is likely to be higher because the offence is aggravated by the fact that more than one death has been caused. These include: By following these simple tips, you can help to keep yourself and others safe on the roads. 2. If you believe Wordfence should be allowing you access to this site, please let them know using the steps below so they can investigate why this is happening. However, where an offender gave direct, positive, assistance to victim(s) at the scene of a collision, this should be regarded as personal mitigation. This must be done within 28 days of sentencing and will usually involve arguing that the sentence was too harsh or that there were mitigating circumstances that should have been taken into account. document.addEventListener('wpcf7mailsent', function (event) { The court will then apply any reduction for a guilty plea following the approach set out in the Councils guideline, Reduction in Sentence for a Guilty Plea (where first hearing is on or after 1 June 2017, or first hearing before 1 June 2017). Causing death by dangerous driving is the most serious driving offence and has severe penalties. HGV licence, who have had a driving ban/conviction of causing death by dangerous/careless driving/driving under the influence. Some common defences include: If you are charged with death by dangerous driving, here is what will happen at court: The victims family may also give a victims impact statement. However, any evidence to show that an offender has previously been an exemplary driver, for example having driven an ambulance, police vehicle, bus, taxi or similar vehicle conscientiously and without incident for many years, is a fact that the courts may well wish to take into account by way of personal mitigation. When choosing a lawyer to represent you in a death by dangerous driving case, it is important that you select someone who has experience in this area of law. Daniel Beck was locked up for eight years for causing the death of Liam Simpson by dangerous driving. The Department for Transport may be able to supply this information and can be contacted by email:transport.statistics@dft.gov.uk. 0333 443 2366 Mobile friendly number, Death by Dangerous Driving Sentencing Guidelines. Your lawyer will be able to advise you on the best course of action and will represent you in court. YmNhNThmYzY3ZmZlNDI0ZjBhOWZmNWNhNTI2ODlmMzBmZjE4OWI2YzJhNmYx London Using a hand-held mobile phone when driving is, in itself, an unlawful act; the fact that an offender was avoidably distracted by using a hand-held mobile phone when a causing death by driving offence was committed will always make an offence more serious. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. If you are given a custodial sentence, you will be sent to prison immediately. MDc5MGRkMTNkNjczNjFiN2FjNDE1NDExNjRiNjg2NzE4OTFkOWI2NzJmNTJm Select the geography (England and Wales, regional or by local authority). Jason Evans, 31, was in a . If you are cautioned, charged or being investigated for a death by driving offence or being asked to attend a voluntary interview, you should seek expert legal representation as soon as you are able. It is for the court to determine whether an expression of remorse is genuine; where it is, this should be taken into account as personal mitigation. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. The seriousness of any offence included in these guidelines will generally be greater where more than one person is killed since it is inevitable that the degree of harm will be greater. MzdmNjhhNGViOTNhOTIzYWYxNjVjMjdhMWYwNTQzNmM3ODgxZTg5MWJlY2Zh "Dangerously" [ edit] The Road Traffic Act 1988 defines causing death by dangerous driving as: A person who causes death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.. Applies to four offences of causing death by dangerous driving; causing death by driving under the influence of alcohol or drugs; causing death by careless driving; and causing death by driving: unlicensed, disqualified or uninsured drivers. ZTJmZmZlY2I0NzhhOTEwOTBmZmU3OTBlMDNhOGM4Y2FlMTU2ODA4ODFmNTUy Generated by Wordfence at Sat, 4 Mar 2023 8:54:39 GMT.Your computer's time: document.write(new Date().toUTCString());. 7) What are the demographics including age, gender, race, occupation, religion and marital status of people who have caused death by dangerous driving. ZDg3ZDg3NzY5N2EyMmE4NDNmYzVhN2M1ZDVjYjBjOWI0ODk2MTQyYmZkMDg4 If they do not agree with you, the original sentence will stand. The Road Traffic Act 1988 defines causing death by dangerous driving as: 'A person who causes death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.' NWVhMDcwYTY3MmY2MWMwN2UzODYwNzdmMjg4NDdjYjJjZmQ5NGQ2OGZkMzZm Starting points based on first time offender pleading not guilty. Offences under s.1 of the Road Traffic Act 1988 are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. They will be able to advise you on the best course of action including whether to plead guilty or not guilty and will support you throughout the court process. ZGQ5N2ZiM2NkNDU4ZGUyOTAzMjI3MTJlYzcxNTAzMjQzMTg4NWMyNmZjMjEw MzZkOWNmN2YzNmYwODY1YjZkNTk1MzkwM2FkY2IwYThkN2Q3YzRmZGY1MjAz Select format (Excel or CSV for example) For more historic data, please use our. The cookie is used to store the user consent for the cookies in the category "Other. The criminal offence of death by dangerous driving is made of four main offences, but all are derived from a non-fatal equivalent, such as the offence of simple dangerous driving. Common examples of each of the determinants are set out below and key issues are discussed below: see, Alcohol/drugs, Avoidable distractions, Vulnerable road users. It is defined as driving a vehicle dangerously on a road or other public place which leads to someone's death. It will take only 2 minutes to fill in. Dangerous driving The offence of dangerous driving is when driving falls far below the minimum standard expected of a competent and careful driver, and includes behaviour that could potentially endanger yourself or other drivers. You will be asked to enter a plea of guilty or not guilty. If the death has been referred for Coroner investigation, we can look to see if there are any four-digit ICD-10 codes as the secondary cause (S and T codes), whilst looking at specific circumstances surrounding the death. There are a number of possible defences to a charge of death by dangerous driving, depending on the circumstances of the case. Unless inherent in the offence or charged separately, failure to provide a specimen for analysis (or to allow a blood specimen taken without consent to be analysed) should be regarded as a determinant of offence seriousness. driving a stolen vehicle, Whether the offender was a close friend or relative of the victim, The circumstances and history of the offender such as any previous convictions and their character, If you are cautioned, charged or being investigated for a death by driving offence or being asked to. Simon Ringrose, of the CPS, said: "PC Francis admitted that his driving fell below the standard of a competent and careful driver and that this driving caused the death of Andrew Brown. These cookies track visitors across websites and collect information to provide customized ads. ZDgxNGViODYzMTFiOTZiYjVhNDFkYzNmNzdkNGY1NGM5YzAzNDgxZGE5MGM1 MWY1M2Q1NWFhYzRjMDJmMGVhNTg5MjE2N2Y4YjUyZmE3OWI4NzYyNDU3MjVl In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. Contributor Posts 17137 Registered 25/2/02 Location Silly Suffolk Member Is Offline Photo Archive Building: It is an ex-Locost - it has gone to the IOW! Andrew Brown, 23, suffered fatal injuries from being hit and a second man escaped with minor injuries. Causing death by dangerous driving Causing death by careless or inconsiderate driving Causing death by careless driving under the influence of drink or drugs Causing death by. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. . The main factor that varies between these driving offences where a death occurs is how much the offender is to blame and how bad the driving or failure by the driver was. Nicks measured and methodical approach means he thrives on even the most complex case. For dangerous driving the standard of the offender . If you are given a custodial sentence, you will have the right to appeal. Have you been accused of causing death by dangerous driving? 2 Dangerous driving. Causing death by dangerous driving Causing death by dangerous driving Road Traffic Act 1988, s.1 Effective from: 4 August 2008 Triable on indictment Maximum: 14 years' custody, minimum disqualification of 2 years with compulsory extended re-test Death by dangerous driving in the UK: what offence could you be charged with? It is distinct from careless or inconsiderate driving. Where death of another person inside or outside the vehicle is caused by. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Police collision reports concluded that Mr Green was alleged to have been travelling at a speed between 68MPH and 81MPH. HGV driver jailed for causing death by dangerous driving An HGV driver has been jailed for two years today (13 January 2023) at Swindon Crown Court after he ploughed into the back of a. The underlying cause of death is defined by WHO as: a) the disease or injury that initiated the train of events directly leading to death, or\ b) the circumstances of the accident or violence that produced the fatal injury. Canada's Criminal Code has equivalent provisions covering dangerous driving (see "Canada" section below). This may include where there is series of collisions and the first is not responsible for any death but triggers a sequence of events that do then result in a fatality, or where serious injury is caused to someone who later develops complications attributable to pre-existing conditions or fragilities. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. taking photographs of a victim as part of a sexual offence), In property offences, high value (including sentimental value) of property to the victim, or substantial consequential loss (e.g. Please note, there may be a charge for this work which would be subject to ourcharging policy. MGQ5NzQyNzE5OTNjMTNiMzVlZDAyOTBjYWU2NzhhNjdiZjg0NzgzNWJhMjJj For those offences where the presence of alcohol or drugs is not an element of the offence, where there is sufficient evidence of driving impairment attributable to alcohol or drugs, the consumption of alcohol or drugs prior to driving will make an offence more serious. MTU1YjQzNTczZTRjMmVmZTRkMTRjZTNiNTIyN2Q1MDc1NWU4ZWU1ZWVjYzg2 5) What is the average custodial sentence and/or driving ban given to someone who has been convicted of: c) failing to stop at the scene of an accident. Cardiff ZTljNDdjZGNlOWQxMGMxOTM0NTIwNTNhODZiNmI5NDBjZDU0ZjkwYjhlMDc2 The act of dangerous driving can be classified in a number of ways, including: If you are convicted of the offence of dangerous driving, the penalty will be: Careless or inconsiderate driving is defined as driving at a standard that is below that of a prudent driver and where that failure caused the death of another. Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Newcastle Thank you for your enquiry on driving bans and convictions, sentencing for driving offences, repeat driving offences, spending on driving safety campaigns and the number of people working in a driving occupation following conviction of a driving offence. Birmingham At the time of the offence, Guest was under the influence of both alcohol and drugs. Brown, from Dorchester Drive, Portadown, is accused of causing the death of 17-year-old Rachael Lowry by driving dangerously on the Coolmillish Road in Markethill on September 24, 2020. A spokesman said: "The CPS has authorised charging PC Edward Welch, an officer from the Metropolitan Police, with two counts of causing death by dangerous driving, causing serious injury by . The Council guideline Overarching Principles: Seriousness [now replaced by the General guideline] includes a generic mitigating factor youth or age, where it affects the responsibility of the individual defendant[now: "Age and/or lack of maturity]. 02:10, Thu, Mar 2, . A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. All the conditions mentioned on the death certificate are coded using the International Classification of Diseases, Tenth Revision (ICD-10). Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. You face: Nick Titchener, director and solicitor advocate at Lawtons, specialist London defence lawyers, discusses this complex area of the law and its implications. if (window.fbq) { window.fbq('track', 'Lead'); } Identify the level or description that most nearly matches the particular facts of the offence for which sentence is being imposed. The Road Traffic Act 1988 defines causing death by dangerous driving as: 'A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place.' Motoring offense solicitors London Causing death by dangerous driving is the most serious traffic offence in England and Wales. NDE1YTJlNzA0ODAzMjU2ZjY2MTc5YTBkNGYzZTQwZWQ4YTMyZGQwMTU3ZjNi But causing death by dangerous driving in the UK is an 'accident'. However, Evans, of Old St Mellons, Cardiff, denies causing death by dangerous driving as well as two counts of dangerous driving and is on trial at Cardiff Crown Court. Aaron Guest, 28, killed his passenger, Ben Priest, 23, in a car crash by driving too fast and failing to notice a bend in the road. The sentence will be decided by the judge, taking into account factors such as the seriousness of the offence and whether there were any aggravating or mitigating circumstances. Do not retain this copy. In practical terms, separate charges are likely to be brought in relation to each death caused. Criminal justice where does the Council fit? If you are found guilty of careless or inconsiderate driving, the penalty for the offence is: The level of blame is heightened when death is caused by driving carelessly under the influence of drink or drugs, including prescription drugs. At Caddick Davies Motoring Defence Lawyers, we have years of experience defending drivers charged with all manner of motoring offences. His defence is that he was . By Astha Saxena. The level of blame arises from driving when not being allowed to do so. They will also be able to negotiate with the prosecution on your behalf and may be able to get the charges against you reduced. The greater obligation on those responsible for driving other people is not an element essential to the quality of the driving and so has not been included amongst the determinants of seriousness that affect the choice of sentencing range. Cyclists, motorbike riders, horse riders, pedestrians and those working in the road are vulnerable road users and a driver is expected to take extra care when driving near them.