What Are Some Penalties in Australia If You Are Charged for Reckless Driving?

  • There were 1146 road deaths in Australia in 2018.
  • Reckless driving constitutes driving a vehicle with complete disregard for the safety of the other person or vehicles on the road.
  • If you would like to be properly presented in a court of law in a hearing for reckless driving, make sure to employ proficient traffic lawyers to help you in your case.

The instances where a human has suffered a grievous injury or even death have been present in the Australian road accident scenario. According to the available statistics, there were 1146 road deaths in Australia in 2018. The year before saw the death rate of 4.98 per 100000 individuals in the Australian road and traffic setting. The prosecution of these cases is usually representative of the government. However, you can always call upon a reckless driving lawyer to present your case and defend your position in court.

Why reckless driving can harm people?

Reckless driving constitutes driving a vehicle with complete disregard for the safety of the other person or vehicles on the road. It can seriously injure people and sometimes be the cause of death. The basic reasons why reckless driving is the cause of harm can be listed as;

•       Field of vision

When a driver is reckless driving at huge speeds, his or her field of vision is reduced. This seriously affects the ability to react to the coming of other vehicles from the side or rear.

•       Impact force

It is the basic law of physics, the force generated is the product of the mass of the moving body and its velocity. Even the most ordinary cars weigh significantly, so when moving at a high speed, it can generate a significant amount of force on impact with another car or a human body. This force is enough to kill or maim another pedestrian or car driver for life.

•       Braking distance

This is the distance covered by the car while decelerating due to the application of breaks. The more the speed of the car, the more distance it goes before coming to a full stop. In the meantime, you have a reduced chance of reacting in time when approaches and get in the way, and therefore increased chance of an accident with loss of life and property.

Still, there may be serious reasons for your driving which can be considered by the court along with the state of the road and the time of the event. Whatever may be the case, it would be a great decision to employ the services of traffic lawyers Perth for your instance.

The concept of reckless driving states that the accused driver has to know that he or she is going to cause harm to other people.

The criteria for reckless driving

The concept of reckless driving states that the accused driver has to know that he or she is going to cause harm to other people. Therefore, unlike the other traffic violation cases, reckless driving depends highly on the associated factors and the circumstances of each separate case. Although several states have specific actions that constitute reckless driving, there are several criteria that traffic solicitor has to take into account before presenting the client in the court;

•       Further than negligence: 

Reckless driving cannot be termed as a mistake or negligent driving. The driver has to be willing and has an active disregard for safety. Therefore, a prosecutor does not need to elaborate on the mental state of the driver, he or she just has to prove that the accused driver knew about the unsafe and reckless driving from the surrounding environment or circumstances.

•       Safety risk to self:

While reckless driving essentially involves an intensified danger to other people, a prosecutor need not show that other people were placed in danger. Reckless driving can be judged even in the absence of anyone else on the road, or if there has been no damage to any property. Endangering their own lives or risking damage to their property can qualify them as reckless drivers.

•       Distinct conditions for reckless driving 

Some states have regulations that list precise conditions that inevitably qualify as reckless driving. These are known as “per se” conditions. This means that if the prosecutor can show that even one of the specified conditions is present, the driver will be guilty of reckless driving. Some general per se factors includes speeding at 20 mph or more above a permitted speed limit, passing at a railroad crossing, passing a school bus, or joining in in a street race.

•       The other factors

The courts consider several factors when deciding on the events that constitute reckless driving. These can consist of the time of day, the incidence of other people or animals, the weather conditions, the abilities of the automobile, a driver’s knowledge of the area, as well as several other factors.

Employing the lawyers

Reckless driving cases constitute damage to either self or other bystanders which can be penalized by fines, jail, or community service. Moreover, as vehicles are essentially dangerous to handle, driving recklessly with it constitutes a crime, and is often punishable by law. However, like other cases, you can present your argument on the traffic court. Therefore, if you would like to be properly presented in a court of law in a hearing for reckless driving, make sure to employ proficient traffic lawyers to help you in your case.

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Robert Parker

I'm a content writer and want to share my knowledge with others.

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