Being involved in a vehicle accident comes with important legal obligations. In Victoria, all road users must stop and take specific actions, even if they were not at fault. Failing to meet these requirements can result in severe penalties, including fines, licence suspension, or imprisonment. This guide outlines your duties, potential consequences, and options for addressing charges related to leaving the scene of an accident.

Your Legal Duties at the Scene of an Accident

If involved in a vehicle accident, you are legally required to:

1. Stop Immediately: Ensure you remain at the scene.
2. Assist Injured Parties: Provide aid or call emergency services if necessary.
3. Exchange Contact Information: Share your name, address, and vehicle details with others involved or property owners.
4. Report to Police: Notify the police if no other parties are present or if required by law.

Who Must Comply?

These obligations apply to all road users, including:

• Drivers
• Cyclists
• Riders of motor scooters or motorised wheelchairs capable of speeds over 10 km/h
• Operators of horse-drawn vehicles

Legal Consequences for Failing to Stop

Offences and Charges

Failing to meet your obligations may result in charges such as:

• Not stopping after an accident
• Failing to assist injured individuals
• Not exchanging contact details
• Neglecting to report the incident to the police

Serious Cases Involving Injury or Death

If the accident results in serious injury or death, and you leave the scene, you could face indictable offences, with penalties including:

• Up to 10 years’ imprisonment
• Substantial fines

Preparing for Court

Explain the Circumstances

Provide a clear, honest account of the situation. Relevant factors may include:

• Unfamiliarity with the area
• Poor visibility or harsh weather
• Personal stress or distractions

Demonstrate Responsibility

The court will assess your actions, such as:

• Efforts to make amends, such as paying for property damage
• Expressions of genuine remorse

Highlight Driving History

A good driving record may positively influence the court’s decision. Consider presenting:

• Proof of a clean record
• Evidence of improved driving habits (e.g., completion of a defensive driving course)

Present Supporting Evidence

Strengthen your case with:

• Character references
• Letters from employers (e.g., the necessity of driving for work)
• Medical certificates, if applicable

Your Options in Court

1. Seek a Diversion Program

 For minor offences, a diversion program may allow you to avoid a criminal record.

1. Eligibility: Requires admitting fault and cooperation.
   1. Benefits: Cases with little or no property damage are more likely to qualify.
2. Plead Guilty

 A guilty plea demonstrates accountability and may result in reduced penalties.

1. Outcome: The court decides an appropriate penalty after reviewing the facts.
2. Plead Not Guilty

 If you dispute the charges, the case will proceed to a contested hearing.

1. Process: Both parties present evidence for the magistrate’s consideration.
   1. Recommendation: Seek legal advice before choosing this option.

Penalties for Leaving the Scene

1. Fines
   1. First Offence: Up to 5 penalty units
   1. Repeat Offences: Up to 10 penalty units
2. Licence Suspension
   1. Suspension periods typically range from 1 to 6 months.
3. Imprisonment
   1. First Offence: Up to 14 days
   1. Repeat Offences: Up to 1 month
4. Compensation
   1. You may be required to pay for property damage resulting from the accident.

Criminal Record Implications

A conviction for leaving the scene may result in a criminal record, potentially impacting:

• Employment opportunities
• Visa applications or travel eligibility

Challenging or Appealing a Decision

If you disagree with the magistrate’s decision, you can:

1. Appeal to the County Court
   1. Timeframe: Appeals must be lodged within 28 days.
   1. Risk: The court may impose a harsher penalty upon review.
   1. Recommendation: Seek legal advice before appealing.

Key Legislation

• Road Safety Act 1986: Governs road rules, driver responsibilities, and penalties.
• Crimes Act 1958: Addresses serious offences, including those involving injury or death.

Dispute Resolution and Resources

For assistance, consider these resources:

• Victoria Legal Aid: Offers legal advice and representation.
• Fines Victoria: Provides guidance on resolving fines.
• Victorian Equal Opportunity and Human Rights Commission: Helps address discrimination or human rights issues related to traffic disputes.

Conclusion

Fulfilling your legal responsibilities after an accident is critical to avoiding serious repercussions. If charged, thorough preparation and professional legal advice are vital for achieving a favourable outcome. Utilize the resources above or seek immediate legal assistance to navigate this challenging process.