Charges Following a Car Accident in South Australia

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What do I do after a car accident in South Australia? If you are in South Australia and are involved in a car accident, your legal obligations include stopping at the accident site, helping anyone who has been injured and assisting police with their investigations. If you don't, you may be charged with an offence. You may also be charged with an offence for the accident itself. Some of these offences carry serious consequences.

Your responsibilities after a car accident in South Australia are set out in the Road Traffic Act 1961. This act states that the driver of a motor vehicle involved in a car accident must stop their vehicle and give all possible assistance if a person has been killed or injured as a result of the accident. In addition, unless you are interviewed by police at the scene of the accident and are advised otherwise, you must present at a police station no more than 90 minutes after it occurs.

Section 45 of the South Australian Road Traffic Act 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, were driving under the influence or were speeding excessively. The maximum penalty for this offence is 12 months in jail, disqualification from driving for at least 6 months or both.

A motorist in South Australia will be charged with an offence if they drive without the correct compulsory third party or CTP insurance or if they leave an uninsured vehicle standing on the road. This will come to light following an accident when you exchange insurance information with the other party or parties involved in the accident. The penalty for uninsured driving is a fine of up to $10,000. You will also be charged with an offence if, after an accident, a police officer discovers your vehicle was unregistered.

In this case, you will be liable to pay a fine of up to $7,500. Severe penalties will apply to a motorist involved in a car accident in South Australia where they are driving without a licence or while disqualified or suspended from driving. The penalties vary depending upon the charge. For unlicensed driving, you can be fined approximately $1,250. If you have never held a licence, you can be fined approximately $2,500 the first time you drive unlicensed.

If you are caught a second or subsequent time, you can be fined $5,000 and sentenced to one-year imprisonment. If you are driving even though your licence has been suspended or you have been disqualified from driving, you may be sentenced to a term of imprisonment of six months for a first offence and up to two years for any subsequent offence. In addition, for all of these unlicensed driving offences, you may also be disqualified from holding a licence for any period the court thinks is appropriate.

After a car accident in South Australia, police routinely check to see whether drugs 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 or DUI, a drug driving offence or both, depending on the circumstances. 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 three months imprisonment and a licence disqualification for at least 12 months. Any further breaches will attract a higher fine or longer term of imprisonment and a suspension or disqualification from driving of no less than three years. Under South Australian legislation, police officers have the right to ask you certain questions and requests 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. Refusing to answer questions following a car accident 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 accident and other broad questions that will assist in the investigation of the accident.

What to do next? If you or someone you know is facing charges as a result of their involvement in a car accident, it is important to obtain legal advice quickly. Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted) where you can talk directly to a lawyer 7am to midnight 7 days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action.

Should you need a court lawyer, even if it is at very short notice, the legal hotline staff will be able to arrange legal representation for you. You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.