Failing to Stop After an Accident
Being charged with failing to stop after an accident is a serious traffic offence in Victoria.
Drivers involved in a collision have legal obligations to stop, provide assistance where necessary and exchange their details with other parties. Leaving the scene of an accident without complying with those obligations can result in significant penalties, even if the collision was minor or you did not believe you were at fault.
If you have been charged with failing to stop after an accident, it is important to obtain legal advice as early as possible.
What Is the Offence of Failing to Stop After an Accident?
Victorian road laws require drivers involved in a motor vehicle accident to stop their vehicle as soon as it is safe to do so.
Depending on the circumstances, a driver may also be required to:
provide their name and address;
provide the registration details of the vehicle;
provide the name and address of the vehicle owner if requested;
render reasonable assistance to anyone who has been injured; and
report the accident to police in certain circumstances.
A failure to comply with these obligations may result in criminal charges.
The obligations apply regardless of who caused the accident.
What Must the Prosecution Prove?
The elements of the offence depend on the particular charge laid by police.
Generally, the prosecution must prove beyond reasonable doubt that:
you were the driver of a motor vehicle involved in an accident;
the law required you to stop or provide particular information or assistance; and
you failed to comply with those obligations.
The prosecution may rely on witness statements, CCTV footage, dashcam recordings, admissions made during a police interview and forensic evidence linking a vehicle to the collision.
What Are the Penalties?
The penalties depend upon the nature of the accident and the particular offence charged.
If convicted, the court may impose:
a criminal conviction;
a substantial fine;
a period of licence disqualification in appropriate cases; and
imprisonment for more serious offending, particularly where a person has been injured.
Where an accident involves serious injury or death, failing to stop is treated extremely seriously by the courts.
What If I Didn’t Realise There Had Been an Accident?
One of the most common issues in these cases is whether the driver knew that an accident had occurred.
In some situations, particularly where there has only been minor contact between vehicles, a driver may genuinely be unaware that a collision occurred.
Whether this provides a defence depends on the circumstances and the evidence available. The prosecution must prove the elements of the particular offence beyond reasonable doubt, and what the driver knew or ought to have known may become an important issue.
Can Failing to Stop After an Accident Charges Be Defended?
Yes.
Like every criminal offence, these charges can be defended where the prosecution cannot prove every element of the offence beyond reasonable doubt.
Potential issues that may arise include whether:
you were the driver involved in the accident;
an accident actually occurred;
you were aware of the collision;
you complied with your legal obligations; or
the prosecution evidence is reliable.
Every case turns on its own facts, and a careful review of the evidence may identify weaknesses in the prosecution case.
Should I Plead Guilty?
Whether you should plead guilty depends on the evidence and your individual circumstances.
Before making that decision, it is important to understand whether the prosecution can prove the offence, whether any legal defences are available and what penalty you are likely to receive if convicted.
Obtaining legal advice before attending court allows you to make an informed decision and ensures that any mitigating circumstances are properly presented.
Speak to Wilkinson Lawyers
If you have been charged with failing to stop after an accident, Wilkinson Lawyers can help. We regularly represent clients charged with traffic offences throughout Victoria. We can review the prosecution evidence, advise whether the charge can be defended and present submissions aimed at achieving the best possible outcome in your case.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
