Charges After a Traffic Accident in Queensland

Transcript

What do I do after a traffic accident in Queensland? Drivers in Queensland are required to follow strict rules when it comes to traffic accidents on public roads. This includes reporting the accident to the police, exchanging details with other motorists involved and assisting with any police investigation of the accident. The driver may also face one or more charges as a result of the accident. Most, but not all, offences are set out in the Transport Operations Road Use Management Act 1995, the Turama and the Transport Operations Road Use Management Road Rules Regulation 2009.

The Turama requires any driver involved in a traffic accident to stop at the scene of the accident and assist anyone who has been injured to the best of their ability under the circumstances. Failure to stop and assist may result in a fine of approximately $2,300 or a term of imprisonment of up to 12 months. It is also an offence for a driver involved in the traffic accident to refuse to provide their personal information to any other person involved.

This offence is punishable by a fine exceeding $2,000. The Motor Accident Insurance Act 1994 requires all motorists to have current registration for their vehicle. Registration includes compulsory third-party insurance. Under Section 20 of this act, it is an offence for a driver to operate a vehicle that is uninsured. If, after a traffic accident, the driver is found to have operated an uninsured vehicle, they may receive a fine of up to approximately $8,000.

If the driver involved in the accident was driving without a licence, there are a number of offences for which they may be charged. These include unlicensed driving, driving whilst suspended and disqualified driving. Unlicensed driving carries as its penalty of a fine of approximately $4,500. Driving whilst suspended could result in a fine of approximately $4,500. And licence disqualification of between two and five years. If you drive when you have been disqualified from holding a licence, you will face a fine of approximately $7,000, 18 months imprisonment or both, and your disqualification period will be extended by two and a half years.

If the traffic accident causes physical harm to, or the death of, another person, you may be charged under the criminal code 1899, if your conduct was a substantial cause of the accident. This is very serious and carries a penalty of up to 10 years imprisonment. The penalty will be raised to 14 years imprisonment if the driver responsible for the accident was also driving at an excessive speed or if they fled the scene after causing the accident.

When dealing with police, you generally have a right to remain silent and not answer certain questions. However, when you have been involved in the traffic accident, you are required by law to provide police with your personal information, including your name and where you live, your date of birth and the place you were born and details surrounding the accident. You may also be obliged to provide additional information depending upon the circumstances.

It is always wise to comply with a direction given by a police officer. If you feel uncomfortable about a question asked or direction given, you have the right to ask a police officer the purpose of their request and whether you are required to answer or comply. What to do next? If you or someone you know is facing charges as a result of involvement in a traffic 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).

We can talk directly to a lawyer 7am till midnight seven 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 the lawyer will call you back to assess your matter.