As a traffic lawyer in Queensland, I often encounter cases involving individuals who find themselves in a precarious situation after being involved in a car accident. When someone is injured, it is imperative to understand the legal obligations outlined in Section 92 of the Transport Operations (Road Use Management) Act Qld this is the section that covers the charge of failing to remain at the scene of an accident. This article will shed light on the intricacies of this offence and provide guidance on how to proceed if you find yourself charged with leaving the scene of an accident where someone has been injured or killed in Queensland.

What must I do if I am involved in a car accident where someone is injured?

In the unfortunate event that you are involved in a car accident where someone is injured, it is crucial to take immediate action. First and foremost, ensure the safety of all parties involved by moving to a safe location if possible. Contact emergency services and provide them with accurate information about the location and the nature of the injuries.

Additionally, exchange details with the other parties, including names, addresses, phone numbers, and insurance information. If possible, collect the names and contact information of any witnesses.

You must remain at or near the scene of the accident and render help.

What is the offence of failing to remain at the scene of the accident?

The offence of failing to remain at the scene of an accident, as outlined in Section 92 of the Transport Operations (Road Use Management) Act, pertains to the legal requirement for individuals involved in an accident to stay at the scene and render assistance when someone is injured or killed in that crash.

Failing to do so may result in serious legal consequences.

What does the law say?

Section 92 of the Transport Operations (Road Use Management) Act Queensland states that in regards to a failure to remain at the scene of an accident:

The driver of any vehicle, tram or animal involved on any road, or of any motor vehicle involved elsewhere than on a road, in an incident resulting in injury to or death of any person shall—

(a)immediately stop the vehicle, tram or animal; and

(b)if any person is injured—

(i)remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and

(ii)make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and

(c)if any person is dead or apparently dead—

(i)remain at or near the scene of the incident; and

(ii)exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place.

What does the prosecutor need to prove?

To secure a conviction for failing to remain at an accident, the prosecutor must establish several key elements:

1. The driver was involved in an accident

2. In the accident another person was injured or killed

3. The driver

   1. failed to remain at or near the scene; or

   2. did not make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; or

   3. did not exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place if someone was killed.

What is the penalty?

The penalty for failing to remain at the scene of an accident can be severe.   If the accident caused death or grievous bodily harm to another person and the driver left the scene of the accident the maximum sentence is 3 years in prison. 

If the injury was less than grievous bodily harm then the penalty is up to 1 year in prison.

Grievous bodily harm is defined as;

1. the loss of a distinct part or an organ of the body; or

2. serious disfigurement; or

3. any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health whether or not treatment is or could have been available.

If in determining a complaint for an offence the court is satisfied that the defendant showed a callous disregard for the needs of a person injured in the incident, the court shall impose, as the whole or part of the sentence, a period of imprisonment.  This means unless the drivers prison sentence is wholly suspended or they are given immediate parole they will serve time in prison.

It is crucial to consult with a traffic lawyer to understand the potential ramifications specific to your case.

Will my licence be disqualified?

If you plead guilty to the offence or are found guilty of the offence of failing to remain at the scene of an accident then the court must disqualify your licence for a period of at least 6 months.

If you are charged with other offences arising out of the accident like dangerous operation of a motor vehicle or drink driving then the court can permanently ban you from driving,

Are there any defences to leaving the scene of an accident?

While each case is unique, there may be potential defences that a skilled traffic lawyer can employ. These could include:

• Lack of awareness of the accident (e.g., if the impact was not immediately noticeable)

• That it was not reasonable to know that someone was injured in the accident

• The driver in fact did provide assistance in a reasonable and timely manner

• The driver did remain at or near the accident scene

• The driver only left the scene of the accident to get medical help

• Mistaken identity or lack of evidence linking the accused to the incident.

• Duress – The driver left the scene of the accident to ensure their safety.

Which Court will hear this charge?

The magistrates court in Queensland will hear and determine the offence.

FAQ’s

No-one was injured in the accident what do I need to do?

According to Queensland Police if no one is injured in an accident then you need to exchange the following with the other driver involved:

• your name and address,

• the name and address of the owner of the vehicle (if you are not the owner),

• the vehicle registration number, and

• any other information necessary to identify the vehicle.

The police are not required to attend the accident unless there is:

1. suspected involvement of drugs and/or alcohol

2. a driver fails or has failed or is refusing to provide required details​

3. a driver with an impairment or disability requires police assistance.

Can I get a work licence if convicted of this offence?

No you cannot get a work licence, if you lose your licence for this offence you cannot drive during the disqualification for any reason otherwise you can be charged with disqualified driving.

Can you give me an example of where leaving the scene of an accident might not result in a charge?

If for example the accident occurred in a rural location, no mobile phone coverage exists and the person drives to get coverage or to the nearest town to get medical assistance.

Can you give more information on what is callous disregard for the needs of a person injured?

Callous disregard is not defined in the legislation so you must look to its ordinary meaning.  Its likely to be considered to be actions that show no sympathy for others or a driver that is unkind, cruel, and without sympathy or feeling for the injured person.

Can I really go to prison for this offence?

If the driver showed “callous disregard for the needs of the person injured in the incident the court must impose imprisonment.  It would then be up to the court if the driver needs to serve any of that sentence in actual prison.  The court can suspend the sentence in the right circumstances.

Could this charge be withdrawn?

This is the type of charge that might be able to be negotiated with the prosecutor.  It will all depends on the facts. 

You can learn more about negotiating with police.

Conclusion

Navigating a charge of failing to remain at the scene of the accident if someone is injured can be complex.  Seeking the help of an experienced traffic lawyer is crucial to understanding your rights and crafting a strong defence if you find yourself facing charges related to this offence. Remember, timely and appropriate action at the scene of an accident can make a significant difference in the legal outcome of your case.

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here. 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

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We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog.  Some of the most recent have included:

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• Going through a drink driving charge in Brisbane Magistrate Court

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