Criminal Defense, Immigration and Family Law Firm Australia
Negligent Driving Lawyers in Australia
Being charged with a crime such as negligent driving is a serious matter. If you have been charged with a crime, you will require expert criminal legal guidance. A criminal conviction might have long-term ramifications for you, prohibiting you from pursuing your desired job or traveling to your desired places. These issues may be avoided with a spent conviction. Allow us to assist you in securing a spent conviction, if feasible. If you have been charged with a crime, you will require expert criminal legal guidance. Patrick Legal in Perth has a team of criminal attorneys with the knowledge and expertise to advise you on your legal options.
How to deal with a negligent driving charge?
Being accused of such a crime can be emotionally stressful and difficult to deal with.
Fortunately, the knowledgeable traffic and drug attorneys at Our Law Firm can assist you in getting the best result possible and can provide you guidance on how to proceed given the crime for which you have been found guilty. We’ll put up a strong fight for your case, provide seasoned legal counsel, and support your victory.
A careless driving accusation can be incredibly distressing to bear, especially if your actions resulted in damage, harm, or even death to another person. By legally defending you in court, the traffic defense attorneys of Executive Law Group may assist you in obtaining favorable outcomes.
Road accidents frequently occur as a result of errors as well as other elements like the weather or the state of the road.
Our Law firm Traffic Lawyers can help
You may get assistance from our skilled traffic attorneys whether you want to enter a guilty or not guilty plea.
If you decide not to admit culpability, our attorneys will persuade the jury that other variables, such as the weather or road conditions, rather than your driving, caused the accident.
However, if you decide to enter a guilty plea and accept the charges, our Sydney traffic attorneys may assist you in doing so by putting out a strong argument for your position.
Our traffic attorneys have repeatedly demonstrated in the numerous negligent driving cases we’ve handled that their thorough understanding of traffic law and exceptional communication and advocacy abilities can help us get a section 10 on behalf of clients. No convictions will be noted at this point, and after paying the agreed-upon fee, you may resume driving. Driving negligently is the act of failing to act in a way that any sane person would in a given situation.
There are three main charges of negligent driving:
- driving that doesn’t result in fatalities or serious injuries,
- driving recklessly and causing serious injury
- fatalities due to careless driving.
Although the court may take other things into account, such as the state of the roads and the weather, careless driving is a very serious offense that frequently carries severe fines. Our drug and traffic attorneys at Our Law Firm can advise you on the best courses of action and assist you in obtaining the best outcomes.
The burden of Proof;
Driving recklessly is a felony that must be reported. This means that it makes no difference whether you intended to harm someone when you committed the crime. What matters is that you committed the crime, regardless of how you did it. As a result, even if you are daydreaming or swerving wildly through traffic, you may still be charged with reckless driving. It is the prosecution’s burden to prove beyond a reasonable doubt (BRD) that the defendant did not drive with the degree of caution that a reasonable person would have used. The prosecution bears the burden of proof in cases of reckless driving.
Negligent Driving:
If a car accident happens, the individual who caused it will face negligent driving charges. The severity of the collision decides whether minor or serious charges are brought.
If the accident significantly damages another party, the individual who caused the accident may be prosecuted for inflicting grave bodily injury. A shattered bone or serious burn from an accident is more relevant for grievous bodily damage than a bruise.
Charges for careless driving resulting in death can be filed against the party if the accident killed the other person involved.
What is the duty of care?
Driver safety is a responsibility shared by all users of the road, including cars, bicycles, pedestrians, and passengers.
Using “reasonable care to prevent harming or damaging other road users” is the minimum standard of care.
The most crucial factor in determining whether there was negligent driving involved in a motor vehicle collision is whether or not that duty of care was breached, and by whom. This is true since everyone must keep an eye out for other motorists.
What is contributory negligence?
The injured party is assumed to have contributed to their injury or loss by failing to take reasonable care of themselves. Contributing negligence is the term used to describe this.
One approach to encourage recklessness is to ride in a vehicle with a driver who you know is under the influence of drink or drugs.
If you are judged to be partially at blame, you are still allowed to file a claim, but the amount of compensation to which you are entitled is diminished by the proportion of your responsibility.
Must I be injured in a vehicle to make a claim?
To make a claim, you don’t need to be driving a car. In other words, you could still be able to file a claim if you suffered injuries while riding a bicycle, walking, or as a passenger and those injuries were partially or entirely brought on by another person’s careless driving.
Typical Reckless Driving Cases;
Other examples of negligent and reckless driving include 1) going above the posted speed limit or driving too fast, especially given the condition of the roads.
- Operating a vehicle while drowsy or exhausted
- following the automobile in front so closely that it impairs eyesight.
- Failure to use caution at a crossroads
- Changing course without providing sufficient or advance notice.
- Disobeying traffic laws and red lights by neglecting to stop or slow down in response to strong lights or other cars’ headlights.