Call our lawyers
now
or,
have our lawyers
call you
Charges Following a Car Accident in South Australia
Updated on Dec 13, 2022 • 4 min read • 351 views • Copy Link
Charges Following a Car Accident in South Australia
If you are involved in a car accident in South Australia you are required by law to do certain things, including:
- stopping at the accident site
- helping injured persons, and
- assisting police with their investigations.
If you fail to do so, you may be charged.
You may also be charged with a number of other offences after a car accident in South Australia some of which carry serious consequences.
Responsibilities after a car accident
The Road Traffic Act 1961 states that a driver of a motor vehicle involved in a car accident in South Australia must stop their vehicle and give all assistance possible if a person has been killed or injured as a result of the accident.
In addition, the motorist must present at a police station to provide information regarding the accident no more than 90 minutes after it occurs.
If a motorist fails to comply with these rules, they may face a term of imprisonment of up to 5 years and / or a driving disqualification of at least 1 year.
Careless driving
Section 45 of the South Australian Road Traffic Act 1961 states that a motorist may be charged after an accident if they were driving their vehicle without due care or attention.
Higher penalties will apply where the motorist caused injury or death as a result of their careless driving, or where they were trying to evade police, driving under the influence, or speeding excessively.
The maximum penalty for this offence is up to 12 months in jail and / or a driving disqualification period of at least 6 months.
Driving uninsured or unregistered
A motorist in South Australia will be charged with an offence if they drive without the correct compulsory third party (CTP) insurance, or if they leave an uninsured vehicle standing on a road. This will come to light following an accident when you exchange insurance information with the other party.
The penalty for uninsured driving is a fine of up to $10,000.
Similarly, if after an accident a police officer discovers your vehicle is unregistered, you will be liable to pay a fine of up to $7,500.
Driving unlicensed or suspended
Very strict penalties will apply to a motorist involved in a car accident in South Australia where they are also driving unlicensed or while disqualified or suspended. The penalties vary depending upon the charge:
| Charge | Penalty |
| Unlicensed driving | Fine of approximately $1,250 |
| Unlicensed driving (never held licence) | Fine of approximately $2,500 first offence Fine of $5,000 and 1 year imprisonment for a second or subsequent offence |
| Suspended / disqualified driving | 6 months imprisonment for first time offence Up to 2 years imprisonment for any subsequent offence |
In addition, you may also be disqualified from holding a licence for a period determined by the Court.
Driving under the influence of drugs or alcohol
After a car accident in South Australia, police will routinely check whether drugs and / or alcohol were a factor.
If a police officer finds evidence of any drugs or alcohol in your system at the time of the crash, you will be charged with an offence of driving under the influence (DUI) and / or a drug driving offence. The penalties for these offences vary from fines and driving suspension periods to terms of imprisonment of up to 12 months.
For example, a first time drink driving offender will receive a fine of up to $1,600 or 3 months imprisonment and a licence disqualification for at least 12 months. Any further breaches will attract a higher fine or term of imprisonment and a suspension or disqualification from driving of no less than 3 years.
Your rights and obligations
Under South Australian legislation, police officers have the right to ask you certain questions and request that you provide information.
While you do have some rights in refusing to answer questions asked of you, it is always wise to comply with a police direction especially in the event of a car accident. In these cases, refusing to answer could result in a criminal charge.
Following a car accident in South Australia, police will most likely only ask very general questions such as your name, address, date of birth, facts surrounding the traffic accident and other broad questions that will assist in the investigation of the accident.
Related Content
Driving Whilst Suspended in South Australia
Adelaide Traffic Lawyers | Expert Traffic Solicitors
Careless Driving and Dangerous Driving (SA)
Demerit Points in South Australia
Heavy Vehicle Traffic Offences in South Australia
Driving Unregistered (SA)
Hoon Laws in South Australia
Serious Traffic Offences in South Australia
Police Vehicle Searches in South Australia
Restricted Licences in South Australia
Driving Unlicensed in South Australia
Cyclists in South Australia – The Rules
Excessive Speeding in South Australia
Charges Following a Car Accident in South Australia
Traffic Accidents in South Australia
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Driving Whilst Suspended in South Australia
Driving whilst suspended in South Australia is considered a very serious breach of traffic law. The penalties vary depending on the circumstances of the case but typically involve a fine, a further disqualification and/or imprisonment. This is all outlined in the Motor Vehicles Act 1959 that makes it an offence ....
Posted in:
Offences
Careless Driving and Dangerous Driving (SA)
Careless Driving and Dangerous Driving (SA) Careless driving and dangerous driving are both offences under the Road Traffic Act 1962 in South Australia. A person who is found guilty of either of these offences will have their licence suspended for at least the mandatory minimum period. They will also face ....
Posted in:
Offences
Cyclists in South Australia - The Rules
Cyclists in South Australia must obey the same road rules as motorists as well as some extra rules that apply only to cyclists. When cyclists ride on a bike path or a shared path there are also rules they must abide by. The laws around riding bicycles are set out ....
Posted in:
Offences
Serious Traffic Offences in South Australia
Serious Traffic Offences in South Australia The laws that describe serious traffic offences in South Australia are set out in the Road Traffic Act 1961 and in the Criminal Law Consolidation Act 1935. These matters must be dealt with by the Court and the penalties include imprisonment. Failing to stop, give assistance & present ....
Posted in:
Offences
Heavy Vehicle Traffic Offences in South Australia
Heavy Vehicle Traffic Offences in South Australia
Posted in:
Offences
Police Vehicle Searches in South Australia
In South Australia, the police do not have arbitrary powers to search a vehicle without authority or cause. Police vehicle searches are only lawful with the driver’s consent, or when the police have a valid search warrant or a reasonable suspicion that there is evidence of illegal activity in the ....
Posted in:
Offences
Excessive Speeding in South Australia
Excessive Speeding in South Australia In South Australia, there are several offences relating to excessive speeding. They can be found in the Road Traffic Act 1961 and in the Criminal Law Consolidation Act 1935. This page deals with the laws surrounding excessive speeding in South Australia, including the penalties and ....
Posted in:
Offences
Failing To Stop For Police In South Australia
Failing To Stop For Police In South Australia In South Australia, police have the power to stop a person who is driving a motor vehicle on a public road. This may be done in order to conduct a random breath test, because there is something amiss with the person’s driving ....
Posted in:
Offences
Driving Unlicensed in South Australia
In South Australia, you may commit one of a number of offences if you drive a motor vehicle on a road without holding a valid drivers licence to do so. These offences are contained in sections 74, 91 and 143 of the Motor Vehicles Act 1959 (SA). Different offences (and penalties) ....
Posted in:
Offences
In South Australia, it is a vehicle owner’s responsibility to ensure that a vehicle is legally registered and insured before it is driven (or even parked) on the road. Although it is the owner who is responsible for registering the vehicle, someone who knowingly drives an unregistered vehicle is also ....
Posted in:
Offences
In South Australia, “hoon driving” is the misuse of a motor vehicle in a way that causes the vehicle to travel at very high speed or do burnouts or doughnuts. The police in South Australia have powers to clamp or confiscate vehicles which have been used in relation to a hooning ....
Posted in:
Offences