What Happens If Dangerous Driving Causes Injury in Western Australia?

When dangerous driving causes injury to another person in Western Australia, the legal consequences can be serious. The circumstances of the incident, the nature of the injury, the driver’s conduct and whether alcohol or drugs were involved can all affect the charge and potential penalties.

Under the Road Traffic Act 1974 (WA), dangerous driving causing bodily harm and dangerous driving causing death or grievous bodily harm are separate offences. Section 59A deals with dangerous driving causing bodily harm, while section 59 covers dangerous driving causing death or grievous bodily harm.

If you are facing such a charge, speaking with a dangerous driving lawyer can help you understand the allegation, available legal options and court process.

What Is Dangerous Driving Causing Injury in WA?

Dangerous driving causing injury may involve driving in a manner that, considering all the circumstances, is dangerous to another person or the public and results in bodily harm.

The law can also apply where the driver’s inability to properly control the vehicle is connected with alcohol or drugs. For more serious incidents involving death or grievous bodily harm, section 59 of the Road Traffic Act 1974 applies.

The precise offence depends on the circumstances and the level of harm suffered. This is why obtaining advice from dangerous driving lawyers in Perth can be important when responding to a charge.

What Penalties Can Apply?

The consequences depend on the particular offence, circumstances and the court’s decision. Potential consequences can include:

• Imprisonment
• Fines
• Driver’s licence disqualification
• Other court orders
• Alcohol interlock requirements in relevant alcohol-related cases

For dangerous driving causing bodily harm under section 59A, WA Transport information identifies mandatory disqualification periods that can vary according to whether the conviction is a first or subsequent conviction and whether there is a relevant prior conviction.

For dangerous driving causing death or grievous bodily harm under section 59, Transport WA identifies disqualification consequences following conviction.

The exact penalty should therefore not be assumed from the charge alone.

What Factors May Be Considered?

A court may consider the circumstances surrounding the incident and the evidence presented. Depending on the case, relevant factors may include:

• How the vehicle was being driven
• Speed and road conditions
• Traffic and visibility
• Alcohol or drug involvement
• The nature and extent of the injury
• Whether an accident occurred
• The driver’s previous traffic history
• Evidence from police, witnesses or other sources

The prosecution must establish the relevant elements of the offence. A professional dangerous driving lawyer can review the available evidence and explain how it relates to the allegation.

Can a Dangerous Driving Charge Be Defended?

A person charged with dangerous driving has the right to obtain legal advice and respond to the allegation. Whether a defence or other legal argument is available depends on the evidence and individual circumstances.

An experienced dangerous driving lawyer may review police materials, witness accounts, photographs, video evidence, accident information and other relevant documents. They can then explain the available options, which may include contesting the charge or addressing the matter through the appropriate court process.

It is important not to assume that every accident involving an injury automatically establishes dangerous driving. The legal classification depends on the specific facts and applicable legislation.

What If Alcohol or Drugs Were Involved?

Alcohol or drugs can significantly affect the legal position in some dangerous-driving cases. Under the WA legislation, dangerous driving offences involving a driver who was incapable of properly controlling the vehicle because of alcohol or drugs are specifically addressed.

Transport WA also states that convictions for certain dangerous-driving offences involving alcohol or alcohol and drugs can result in participation in the Alcohol Interlock Scheme.

If alcohol or drugs are alleged to be involved, obtaining advice from traffic offence lawyers Perth can help you understand the specific charge and potential consequences.

How Can Traffic Lawyers Perth Help?

A traffic matter involving injury can involve more than a standard infringement or minor traffic offence. A traffic offence lawyer in Perth can help you understand the charge, court requirements and potential consequences.

Depending on the circumstances, legal assistance may include:

• Reviewing the charge and prosecution material
• Explaining the applicable law
• Assessing available evidence
• Advising about possible legal options
• Preparing for court
• Representing you in court where appropriate
• Explaining potential licence consequences

If you are searching for the Best traffic lawyers in Perth, consider choosing a lawyer with relevant experience in serious traffic matters rather than relying only on general traffic-law information.

What Should You Do After an Injury-Related Dangerous Driving Charge?

If you have received a dangerous-driving charge following an accident involving injury, avoid ignoring court documents or assuming that the matter will resolve itself.

Consider taking these steps:

1. Carefully read your charge and court documents.
2. Note your court date and any applicable requirements.
3. Preserve relevant documents, photographs and other evidence.
4. Avoid discussing the details of the matter publicly.
5. Seek legal advice from a dangerous driving lawyer as soon as practical.

Early legal advice can help you understand the allegations and prepare appropriately for the next stage of the matter.

Frequently Asked Questions

Can dangerous driving causing injury result in licence disqualification?

Yes. Licence disqualification can apply to relevant dangerous-driving convictions. The applicable period depends on the particular offence and circumstances. Transport WA lists disqualification periods for dangerous driving causing bodily harm and dangerous driving causing death or grievous bodily harm.

Can I defend a dangerous driving charge if someone was injured?

An injury does not by itself determine the legal outcome. The applicable offence and available response depend on the circumstances and evidence. A dangerous driving lawyer can assess the specific allegation and advise you about your legal options.

Should I hire a lawyer for dangerous driving causing injury?

Because these matters can involve serious charges and licence consequences, obtaining advice from traffic lawyers Perth can help you understand the applicable law, court process and potential consequences.

Does alcohol involvement make the matter more serious?

Alcohol or drug involvement can affect the offence and consequences. Certain convictions involving alcohol or drugs may also trigger the WA Alcohol Interlock Scheme.

Where can I get legal help for a dangerous driving charge in Perth?

You can seek advice from traffic offence lawyers Perth or a professional dangerous driving lawyer experienced in serious traffic matters. The appropriate advice will depend on the facts of your individual case.

Final Thoughts

Dangerous driving that causes injury can result in significant legal and driving-related consequences in Western Australia. The applicable offence may depend on the severity of the injury, how the vehicle was driven and other circumstances surrounding the incident.

If you are facing a serious traffic charge, obtaining advice from an experienced dangerous driving lawyer can help you understand your position and prepare for the legal process.

This article provides general information only and is not legal advice. Traffic laws and penalties can change, so obtain advice about your individual circumstances.