In NSW, the law imposes an obligation on drivers to stop and assist if there is an accident causing injury. Failing to do so, is an offence under the Road Transport Act 2013 and the Crimes Act 1900, depending on the type of injury.

A person may be found guilty under section 146 of the Road Transport Act 2013, if the driver of the vehicle is involved in an impact where they know or should have reasonably known that the impact caused injury to another person, and failed to stop and assist.

The meaning of ‘impact’ is broader than a collision between two vehicles. It also includes any:

• Impact with an object – for example, if you hit a tree that then falls on someone
• Impact with a person directly – for example, a pedestrian or cyclist
• Impact with anything attached to a vehicle – for example, an impact caused by your trailer 
• Impact with anything (including a person) falling or being thrown or ejected from a vehicle – for example, something falling off a ute and causing a crash.

As a first offence, failing to stop and assist can attract a maximum penalty of 18 months imprisonment and/or a $3,300. A second or subsequent offence can lead to 2 years imprisonment and/or $5,500.

Where an impact causes death or grievous bodily harm to another, and the driver knew or ought to have known that the impact would cause either death or grievous bodily harm but nevertheless fails to stop and assist, the driver may instead be charged under section 52AB of the Crimes Act 1900.

In this case, the penalties are much more severe – if the impact causes grievous bodily harm or death, the maximum penalty is 10 or 7 years imprisonment, respectively.

Streeton Lawyers are criminal and traffic law experts. We are available to give you free initial advice. Contact us on (02) 9025 9888 to schedule a conference today.

Photo credit: Gustavo Fring