I want to consider criminal liability when causing a traffic accident.
Some accidents can have serious consequences, especially when someone is injured or killed, and are more likely to face criminal charges. The following are possible charges:
- Dangerous driving causing death: up to 10 years in prison
- Aggravated case of dangerous driving causing death: up to 14 years in prison
- Dangerous driving causing serious bodily harm (GBH): up to 7 years in prison
- Aggravating dangerous driving causing GBH: up to 11 years in prison
- Deadly negligent driving: up to 18 months in prison
- Careless driving causing GBH: up to 9 months in prison
- dangerous driving
- careless driving
Most people who get into an accident where they are at fault are at least liable for negligent driving. I have represented clients who have been involved in an accident where their passenger, backseat or pedestrian suffered deep cuts, broken bones or even death and the driver/driver was charged.
In the event of death or serious injury upon conviction, there is a real potential to lead to incarceration. Generally, if there is a death and a question of fault, whether the driving was intentional or inattention, the police have the ability to press charges and let the court determine guilt or innocence.
In many cases, after a lengthy trial, they are acquitted or found guilty of lesser crimes and avoid incarceration.
The difficulty in these cases and the cost is the need for scientific evidence, especially if there are no witnesses. I think of a particular case. Late one evening, a jockey and servant were riding out on a beach north of Sydney.
A taxi driver traveling in the opposite direction said he didn’t see the bike, not that he was particularly attentive, but heard it and since it had a noisy aftermarket exhaust it must have been. go very fast. He saw sparks in his rearview mirror as the bike hit the embankment. The pillar is tall on the side of a tree.
The driver’s body was smashed from top to bottom and the way he survived months of a coma, hospitalization, and years of surgery and rehabilitation is testament to his drive and determination.
Sadly, his man died at the scene. The cause of the crash is uncertain, but because one person died he was charged. If convicted, he will be jailed. Not only has he recovered from catastrophic injuries and faced the fact that his friend has died, he now has to take on all the stress of a lawsuit that could take at least a year to complete. .
No one saw the accident, the driver with a head injury had absolutely no memory of the event. The DPP, who has been under pressure from family and rich pockets as a government entity, has continued to issue expert reports and theories that need to be refuted.
Furthermore, we had to refute witness statements from people who had seen a bicycle spinning a few kilometers from the crash site. On a road used by many bicycles, no one can identify a bicycle as the bicycle.
I arrived at the scene within hours of the accident and took pictures of the scene as well as the remains of the bicycle.
Various forged arguments were made by the prosecution:
1. Since the radius of the turn is such that a bicycle can circumnavigate the bend at significantly more than the speed limit, the rider must have gone faster than the assumed speed.
Our experts have assessed the maximum potential speed at which the angle can be made to be much less. Moreover, the crash happened in front of the corner. They also hypothesized that the line on the road is a misalignment and therefore the bike is traveling at a certain speed. Once again, our expert exposed in a positive way.
2. The police present got up to what was left of the bike and clicked through the gears, then said it was in fourth gear and since the tachometer was on the same 7000rpm it was. is moving at a certain speed.
This doesn’t take into account that he has reverse-style gearshifts and similar gear can jump on impact and freeze.
3. The rest of the bike was seized by the police and when present at the station with an expert, the forensic examination of the clutch cable showed the possibility of pulling the clutch and shifting gears. , it broke and locked the rear wheel momentarily.
This caused a loss of control and as the rider sat higher than the rider with limited hold, causing her to tilt high and hit a tree. Accordingly, the accident could be caused by sudden mechanical failure and had nothing to do with the way the car was driven.
4. The prosecution tried to argue that the bicycle veered off the road and went up the embankment where the stake was found because there was a black mark on the trunk and the bike was black.
Since I inspected the area within a few hours and checked the embankment, it was clear that the black mark on the tree was not paint. Second, they relied on what appeared to be debris on top of the embankment that we determined wasn’t from the bike.
However, every time we debunk the DPP theory of what caused the crash, they hire a new expert that costs more money. We then conducted a proceedings in the local court for a number of days and the Judge in the local court dismissed the prosecution’s case, making harsh remarks against the prosecution. charges and costs judgments.
Similarly, I had a case where a B double truck driver crashed into two police cars that were stopped in the lane he was traveling in on the freeway, killing a person standing next to the tractor. He was charged with dangerous driving causing death and negligent driving causing death, which we defend.
It was determined that police did not adequately warn approaching motorists about the blocked lane despite evidence of multiple near misses from other vehicles traveling in that lane.
When the second police car had stopped behind the first and the officers were still in the car, the Sergeant went to see them and advised them to get out because of the near miss.
However, despite being aware of the danger, they did not send an officer or police vehicle onto the highway to warn of approaching traffic. My client is driving below the speed limit and by the time his car turns around a downhill bend and realizes they are in his lane, he cannot turn to the right because there is a another truck in the outside lane. Despite applying the brakes, he collided with a police car.
The scientific evidence we have has proven that there is nothing dangerous in the way our customers drive. The prosecution later withdrew the dangerous driving charge.
The point I’m making is that it’s very dangerous to investigate things carefully early on and switch to simple assumptions. If you wait until you’re charged, possibly a few months later, the area may have changed. The path may have changed, the surrounding bushes that may have obstructed your view may be gone, and the alleged black marks on the trees may also have disappeared.
Second, just because you lose control of your motor vehicle does not necessarily mean you are riding/driving dangerously or negligently.
Finally, I was approached by a woman who had been found guilty of dangerous driving causing death. She had another group of attorneys represent her at the hearing but after finding guilty they approached me to review the case and represent her on the verdict or appeal.
The truth is insignificant before the impact. It was a sunny afternoon and she was driving in the lane near the main curb that had four lanes with two lanes in each direction. She went through a large roundabout and when exiting the roundabout, continued on that lane for another 70 meters before impacting.
At the same time, an 80-year-old woman got off the bus on the opposite side and decided to cross the busy road at the time to get home without using the pedestrian crossing 100 meters away. road.
Now, keep in mind all the scientific and other evidence from the prosecution and defense that have determined that my client is not speeding, in fact she is traveling below the speed limit. permit (50.3km/h in 60km/h area). She doesn’t drive erratically, she doesn’t change lanes, doesn’t use drugs or alcohol, has no cell phone problems (her cell phone is in her pocket, in fact) and Her car works fine.
The elderly woman was crossing four lanes when she crossed three lanes and walked in front of my customer in lane four and had a collision. Elderly woman dies in hospital.
There is a question as to whether she should see an old woman crossing the street and have five to six seconds to recognize danger and react. Yet how many times have we failed to notice a pedestrian? Or even notice people crossing the street in the opposite direction when we are driving along, expecting them to stop midway and not enter the oncoming traffic? Where is the responsibility of pedestrians for their own safety?
There was a fallback charge of negligent driving causing death and my client’s former attorneys were willing to plead guilty to that. However, this was not accepted by the prosecution. The case proceeded and to everyone’s surprise, the judge found her guilty of dangerous driving causing death.
While dangerous driving often involves intentional or reckless behaviour, it now appears to lead to rather innocent, unintentional behaviour.
Although my client is of good character and only commits two offenses in her 40 years of driving, she could face up to ten years in prison. In sentencing, however, we managed to keep her out of jail.
In my years of experience investigating and defending death or serious injury cases, I have found it unfair that defense attorneys and prosecutors spend months analyzing an accident. which can happen in a split second and the driver/driver reacts.
Don’t think it can’t happen to you no matter how careful you are. I have had to defend too many people who got into their car or bike that morning without even thinking it was going to happen to them.
The article is written for your information and preferences only and is based solely on the laws of New South Wales. It is not intended to be comprehensive, does not constitute and should not be relied upon as legal advice.
Please note that every case is different and the issues I am raising may not be specific to your situation but may have general application and you must seek specific advice tailored to your situation. his scene. I’m also happy to talk to anyone on the phone with questions or clarifications.
THAN: Caught speeding? Arguments for defense of traffic lawyers
THAN: What to do if you are stopped for speeding in NSW
