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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
Traffic accidents are referred to as road incidents in Queensland legislation. If you have had a road incident, you may have to report it to the police. This is known as a reportable incident. Minor incidents may not have to be reported.
Traffic Accident Overview
Incidents | Details | Non-Reportable | Offences
Reportable incidents
Under section 92(1)(a)(i) of the Transport Operations (Road Use Management) Act 1995, if you are involved in a road incident you are required to immediately stop your vehicle, and seek medical aid if someone has been injured or has died as a consequence of the road incident, or if the road incident has created a hazardous environment. Hazardous environments can arise if the road incident has blocked the road, knocked down power lines, or caused a fuel leakage. You must call the police as soon as possible.
If these circumstances have not arisen, you may still have to call Policelink on 131 444 or use the Policelink app to report the road incident if you suspect that the other driver was under the influence of alcohol or drugs, the other driver is disabled or impaired and requires police assistance, your vehicle needs to be towed, or the other driver fails to provide you with their required details.
Details to be exchanged
Regulation 287 of the Transport Operations (Road Use Management – Road Rules) Regulations 2009 sets out the duties of drivers involved in the crash. The details that parties (drivers, injured passengers or pedestrians, owners of damaged property) should exchange include names and addresses, names and addresses of the vehicles owners, vehicle registration numbers and other particulars to identify the vehicles such as the colour and make. Reportable road incidents must be reported to the police by all drivers involved in the crash, while witnesses, pedestrians, cyclists and passengers have the option to report as well. This must be done within 24 hours of the crash.
What the police do after you report a crash
The police may choose to run an investigation into a road incident. They will do so if there has been a death or injury, there has been confirmed involvement of drink or drug driving, or the driver refuses to give their details. It is the police officer’s discretion whether to investigate any crash outside of these circumstances. Regardless of whether and investigation will be undertaken, the attending police officer will write a traffic incident report.
Non-reportable crashes
If the road incident is minor and none of the ‘reportable’ circumstances exist, you can exchange details with the other driver(s) or people involved and then drive your vehicle away. You can still report the road incident to the police for insurance purposes, however it is unlikely a police officer will attend the scene, and there will not be an investigation. Police policies regarding attendance at road incident sites were relaxed on 1 January 2015 as it was viewed that minor accidents did not require police attendance. Prior to 1 January 2015, there was a requirement that the incident was to be reported to the police if the incident had caused over $2,500 worth of damage. The amendments to the law removed that requirement, therefore reducing the amount of traffic incident related police call-outs.
Offences with respect to failing to follow procedures
Section 92 of the Act states that if you are in an accident that has caused injury or death, you must stop at the scene, attempt to assist any injured person, and do whatever is reasonably practical to protect any body, or move it to an appropriate place until assistance arrives. Failure to do so may attract a fine of 20 penalty units or one year’s imprisonment. Imprisonment is more likely if it is proven that the person showed a callous disregard to the safety and protection of the injured person.
Regulation 287 of the Transport Operations (Road Use Management) Regulations 2009 stipulates that a failure to abide by the duties of drivers set out in that regulation is an offence which carries a maximum penalty of 20 penalty units.
If a person falsely reports an accident involving injury or death, they face six months imprisonment or a fine of 40 penalty units.
Read More: Traffic Accident Charges in Queensland
faqs: - question: 'What makes a traffic accident a reportable incident in Queensland?' answer: 'A traffic accident becomes reportable in Queensland if someone is injured or dies, if it creates a hazardous environment like blocking roads or knocking down power lines, or if you suspect the other driver is under the influence of drugs or alcohol. You must also report if the other driver fails to provide required details, needs police assistance due to disability, or if your vehicle requires towing.' - question: 'What specific legislation governs traffic accident reporting requirements in Queensland?' answer: 'Traffic accident reporting in Queensland is governed by section 92(1)(a)(i) of the Transport Operations (Road Use Management) Act 1995 and Regulation 287 of the Transport Operations (Road Use Management – Road Rules) Regulations 2009. These laws establish when accidents must be reported to police and what information drivers must exchange at the scene of a road incident.' - question: 'How much does it cost to get legal advice about a traffic accident in Queensland?' answer: 'Go To Court Lawyers offers fixed-fee consultations for $295 to discuss your traffic accident matter in Queensland. During this consultation, a qualified traffic lawyer will review your specific circumstances, explain your legal obligations, advise on potential consequences, and outline your options. This transparent pricing helps you understand the costs upfront when seeking professional legal guidance for your traffic accident situation.' - question: 'How can a traffic lawyer help me after a Queensland road incident?' answer: 'A traffic lawyer can guide you through reporting requirements, ensure you comply with Queensland legislation, and represent you if charges arise from the accident. They can advise on exchanging proper details with other parties, help navigate insurance claims, and defend against potential traffic offences. Legal representation is particularly valuable if the incident involves injuries, significant property damage, or disputed circumstances.' - question: 'Are there time limits for reporting traffic accidents to police in Queensland?' answer: 'Yes, Queensland law requires you to immediately stop and call police as soon as possible for serious incidents involving injuries, deaths, or hazardous conditions. For less serious reportable incidents, you must contact Policelink on 131 444 or use the Policelink app promptly. Failing to report within required timeframes can result in additional charges, so seek legal advice quickly if you''re unsure about reporting obligations.' ---