If you are involved in a traffic accident, by law you must stop and provide your personal details to the other driver, as well as any other person involved in the accident. Failing to do so, and leaving the scene of an accident, is a crime in Qld. Here are the potential penalties you could face if you are charged with this crime.
What Does the Law Say?
Section 92 of the Transport Operations (Road Use Management) Act states that if any person is injured, or if any damage has been made to surrounding property as a result of the crash, the driver is required to immediately stop the vehicle and remain at the scene.
It also states that if any person is injured, the driver must:
- Remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and
- Make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person.
If a person is found dead, the driver must:
- Remain at or near the scene of the incident; and
- Exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place.
Section 93 outlines the duties of a driver involved in a crash. The driver must stop at the scene of the crash and provide their ‘required particulars’, within the required time, to any driver involved, any other person involved who is injured, and the owner of any property (including any vehicle) damaged as a result of the crash.
The driver must also provide the required particulars, within the required time, to the Queensland Police Service if:
- A person is injured or injured in the crash; or
- The person does not provide the required particulars to each person mentioned above; or
- The required particulars for any other driver involved in the crash are not given to the driver; or
- A vehicle involved in the crash is towed by another vehicle.
‘Required particulars’ for a driver involved in a crash refer to the driver’s name and address, the name and address of the owner of the driver’s vehicle, the vehicle’s registration number, and any other information necessary to identify the vehicle.
‘Required time’ generally means as soon as possible, preferably at the scene of the crash. However, in exceptional circumstances, the information can be provided within 24 hours after the crash.
What Are the Penalties for Leaving the Scene of an Accident in Qld?
Failure to comply with any of the conditions mentioned above is an offence punishable by a fine or imprisonment.
If the driver does not comply with the duties and liabilities outlined in Section 92, the maximum penalty is 20 penalty units or 1 year imprisonment. If the incident results in death or grievous bodily harm, the punishment is either 120 penalty units or 3 years’ imprisonment. If the driver shows callous disregard for the needs of a person injured in the incident, imprisonment shall form as the whole or part of the sentence.
Under Section 93, failing to stop and provide information to any person involved or the Queensland Police may result in a maximum penalty of 20 units.
In order to be charged and sentenced, it must be proven that the you, the driver, were driving at the time of the crash, that there was an accident, and if the crash caused damage or injury, you failed to stop and exchanged your details.
Leaving the Scene of an Accident in Qld Can Be a Serious Offence. Speak to a Lawyer As Soon as Possible.
Traffic offences are treated seriously in Queensland. If you knowingly fail to stop your vehicle, or if the offence of leaving the scene of an accident is committed in conjunction with a more serious offence, it is important to seek legal advice from an experienced traffic lawyer to guide you through the process. Get in touch to speak to one of our traffic lawyers today.