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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.
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.
faqs: - question: 'What happens if I don''t report to a police station within 90 minutes after a car accident in South Australia?' answer: 'You may face serious penalties including up to 5 years imprisonment and/or a driving disqualification of at least 1 year. This requirement applies when you''re involved in an accident where someone has been killed or injured. The Road Traffic Act 1961 mandates that you must present at a police station within 90 minutes to provide information about the accident, regardless of fault.' - question: 'Can I be charged with careless driving in South Australia even if no one was injured in the accident?' answer: 'Yes, you can be charged with careless driving under Section 45 of the Road Traffic Act 1961 even without injuries. The offence occurs when you drive without due care or attention, regardless of whether harm resulted. However, penalties are more severe if your careless driving caused injury or death, or if aggravating factors like drink driving or excessive speeding were involved.' - question: 'How much does it cost to get legal advice about traffic charges following a car accident in South Australia?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for traffic law matters in South Australia. This consultation allows you to discuss your specific circumstances, understand the charges you''re facing, and receive expert legal advice about your options. Given the serious penalties that can apply to traffic offences following accidents, including potential imprisonment and licence disqualification, professional legal advice is essential.' - question: 'How can a traffic lawyer help me with charges following a car accident in South Australia?' answer: 'A traffic lawyer can review the evidence against you, identify potential defences, and negotiate with prosecutors to reduce charges or penalties. They can represent you in court, challenge the prosecution''s case, and present mitigating factors to minimise consequences like imprisonment or licence disqualification. Experienced lawyers understand South Australian traffic law complexities and can guide you through the legal process while protecting your rights.' - question: 'Are there urgent time limits I need to be aware of after being charged following a car accident in South Australia?' answer: 'Yes, there are critical time limits that require immediate attention. You must report to police within 90 minutes if someone was injured, and court dates have strict deadlines that cannot be missed. Additionally, there may be limited timeframes for lodging appeals or entering pleas. It''s essential to seek legal advice immediately after being charged to ensure all time-sensitive requirements are met and your legal rights are protected.' ---