Motorists in the UK are being warned that splashing pedestrians while driving through puddles could result in fines, penalty points, or even criminal charges, as Storm Austen brings wet weather across the country. Legal experts have clarified the potential consequences for drivers who fail to take care in poor conditions.
Legal Consequences for Splashing Pedestrians
John Kusknick, Legal Director of the National Accident Helpline, advised that pedestrians who are splashed can report the incident to the police. He recommended noting the vehicle's registration number, along with the time, date, and location of the incident. Kusknick also suggested that video evidence can support a report, and checking for nearby CCTV or traffic cameras may help.
Jeanette Miller from Geoffrey Miller Solicitors stated that splashing someone is likely to be treated as the offence of inconsiderate or careless driving. This offence carries between three to nine penalty points, a possible driving disqualification, and an unlimited fine based on an offender's income.
Potential Assault Charges
Miller also noted that, although less likely, splashing could arguably amount to the more serious offence of common assault under section 39 Criminal Justice Act 1988. She explained that an act by the defendant, which can include words, gestures, or conduct such as splashing a pedestrian, could cause the victim to apprehend immediate unlawful violence.
Miller highlighted that physical contact is not necessarily required for an assault to have taken place, citing raised fists or threatening gestures as examples. Battery, by contrast, involves the actual application of unlawful force, and the two offences are commonly charged together as common assault.
Fines Based on Income
Miller explained that fines for careless driving are based on an offender's net weekly income, typically calculated at 150 per cent. For someone earning £500 after tax per week, the fine could be £750, while someone earning £5,000 after tax per week could face a fine of £7,500.
For careless or inconsiderate driving under Section 3 of the Road Traffic Act 1988, the Sentencing Council guideline uses fine bands based on relevant weekly income, with 150 per cent as the starting point for a Band C fine.
Safety Advice for Wet Conditions
The Highway Code, published by the Department for Transport, advises drivers to take extra care in wet weather. It recommends keeping well back from the vehicle in front, easing off the accelerator if steering becomes unresponsive, and noting that stopping distances are at least twice as long on wet roads. Drivers should also take extra care around pedestrians, cyclists, motorcyclists, and horse riders.
