Leaving the scene of a crash without stopping or providing your details is a serious offence in Queensland. Popularly referred to as a “Hit and Run”, these charges carry significant penalties depending on the severity of the damage or injuries caused.
At Bell & Senior Lawyers, our traffic law team provides rigorous defence for clients facing charges relating to their duties after a traffic crash. We handle matters diligently in the Magistrates and District Courts to protect your freedom and your driving privileges.
Your Legal Duties After a Crash
Under the Transport Operations (Road Use Management) Act 1995, if you are involved in a traffic incident on a road, you are legally obligated to:
- Stop immediately: You must bring your vehicle to a halt at the scene.
- Remain at the scene: You must stay for the time reasonably necessary to fulfill all other duties.
- Provide particulars: You must supply your name, address, and the vehicle’s registration details to any other driver involved, any person injured, and the owner of any damaged property.
- Report the incident: If any person is injured, or if the total property damage exceeds $2,500, or a vehicle needs to be towed, you must report the crash to the Queensland Police Service as soon as reasonably practicable.
Penalties for Failing to Stop or Remain
The consequences escalate significantly based on whether someone was injured in the incident:
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Property Damage Only If the accident only involved minor panel damage to an unattended vehicle and you left without leaving a note, the court generally treats this as failing to fulfill your duties. The penalty often includes fines (up to 20 penalty units) and a potential discretionary licence disqualification, but maximum penalties can involve up to 1 year imprisonment.
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Injury Occurs If you fail to remain at an accident where another person is injured (even mildly), you face significantly harsher penalties. The court treats fleeing an injury crash extremely seriously. The maximum penalty increases to 3 years imprisonment.
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Death or Grievous Bodily Harm (Callous Disregard) This is the most severe tier. If you know, or ought reasonably to know, that the crash resulted in death or grievous bodily harm to another person and you fail to remain at the scene and render assistance, you display what the Criminal Code considers a callous disregard for life. The maximum penalty escalates to 10 years imprisonment (or 14 years if in aggravating circumstances). Mandatory severe licence disqualifications apply.
Why Do People Leave?
In our experience, clients flee accident scenes for the worst possible reasons, often out of sheer panic, shock, fear they might be over the limit (drink or drug driving), or realizing they are driving unlicensed or uninsured.
However, avoiding the scene invariably makes the situation much worse. The police trace registrations, inspect CCTV, and rely on witness reports.
If you have been involved in an accident and failed to remain, or the police have contacted you regarding a hit and run, you must seek urgent legal advice before speaking to them.
Contact our Gold Coast Traffic Lawyers immediately to arrange a confidential case review.