Being involved in a car accident can be a distressing experience, and the aftermath often brings about concerns regarding the impact on one’s driving record. In Perth, individuals involved in accidents might wonder how long such incidents will remain on their record. Understanding the duration of an accident’s presence on your record is crucial, as it can affect your insurance premiums, driving privileges, and future opportunities.
What You Must Do At The Scene Of A Car Accident
In Western Australia (WA), being involved in an accident carries with it a set of legal obligations that must be adhered to at all times. It is a legal requirement that all individuals involved in an accident must stop at the scene and render assistance to anyone who is injured.
Additionally, if anyone’s property has been damaged, they must provide their name and address, as well as the name and address of the car owner, to the affected parties and to any police officers who are present. This information must be furnished to all relevant parties to ensure that proper documentation and legal action can be taken.
By failing to adhere to these legal requirements, individuals involved in an accident may face severe legal repercussions. Thus, it is critical to remember that stopping at the scene and providing relevant information to those involved is not only a legal requirement but also an ethical responsibility that must be upheld by all drivers in Western Australia.
Reporting A Car Accident In Perth
In Perth, it is essential to report a car accident to the police if it meets certain criteria. If the accident resulted in injuries, significant property damage, or involved a driver who was under the influence of drugs or alcohol, the incident must be reported. By reporting the accident, a formal record is created, which may have implications for the duration it stays on your driving record.
In Western Australia, it is imperative for drivers to be well-versed in the legal obligations following a traffic crash. The law states that if you find yourself involved in an accident on a road or any public area commonly utilised, such as a carpark, and the incident results in injury to any individual, immediate reporting is mandatory. Furthermore, if the cumulative value of the property damage exceeds $3000.00 or if the person in charge of the property is absent, reporting becomes equally imperative.
In the event that law enforcement officials do not attend the scene, you have the option to report the incident at a police station or conveniently online. To report the accident, you may also contact the Police Assistance Line at 131 444. However, if the police are not en route to the scene, it is crucial to promptly move the vehicles from the roadway to ensure the smooth flow of traffic. The legal frameworks governing traffic accidents in Western Australia are the Road Traffic Act of 1974 and the Motor Vehicle (Third Party Insurance) Act of 1943.
Duration of Accident Records On Your Driving History
The duration an accident stays on your driving record in Perth can vary depending on multiple factors. One of the primary considerations is whether you were at fault for the accident. If you were not at fault, the accident may not have a significant impact on your record. However, if you were partially or entirely responsible for the incident, it can have consequences.
In Western Australia, the Department of Transport (DoT) maintains the driving records and determines the duration for which accidents remain on record. Generally, accidents stay on your record for a period of five years from the date of the incident. This duration applies to at-fault accidents, meaning those where you were deemed responsible for the collision.
It is important to note that the DoT considers each accident individually and assesses the circumstances surrounding it. Therefore, not all accidents are treated equally. If you have a history of multiple accidents or traffic offences, it may result in a longer duration of the accidents staying on your record. On the other hand, if the accident is an isolated incident and you maintain a clean driving record otherwise, it might have a less severe impact.
Essential Details to Gather at the Accident Scene
In the event of a motor vehicle collision, it is imperative that you equip yourself with crucial evidence to bolster your personal injury claim. As a seasoned personal injury lawyer who specialises in advocating for accident victims, we strongly advise you to document the incident thoroughly. Remember, preserving evidence is the key to success in your case.
First and foremost, seize the opportunity to capture the essence of the accident by taking comprehensive photographs of the property damage sustained at the scene. These visual records serve as invaluable proof of the severity of the collision and can substantially support your claim.
In addition, it is essential to obtain critical information from all parties involved. Ensure you collect the names, addresses, and insurance details of the other drivers who were present during the accident. Moreover, diligently record the make, colour, model, and registration number of the vehicles involved. These details will contribute to building a robust case in your favour.
Gathering testimonies from witnesses is another pivotal step in strengthening your claim. Obtain their names, addresses, and phone numbers to secure their statements. The credibility and impartiality of witnesses can play a decisive role in substantiating your version of events.
Furthermore, remember to make a meticulous record of all conversations you have with individuals present at the scene. These accounts may include statements made by the other drivers, law enforcement officers, or any other relevant parties. Such records can serve as compelling evidence in negotiations or during trials.
To further solidify your claim, document the precise time and date of the accident, along with relevant road and weather conditions prevailing at the scene. These details contribute to establishing a comprehensive context for the incident and can significantly impact the outcome of your case.
Lastly, but equally vital, be on the lookout for any other relevant information that could strengthen your personal injury claim. Every minute detail, no matter how seemingly insignificant, could potentially sway the outcome in your favour.
Implications of an Accident on Your Driving Record
The presence of an accident on your driving record can have various implications, particularly concerning your insurance premiums and driving privileges.
Insurance Premiums: Insurance companies in Perth take driving records into account when determining premium rates. If you have an accident on your record, especially if you were at fault, it is likely that your insurance premiums will increase. The exact impact will depend on the severity of the accident, the resulting damages, and any injuries sustained.
Driving Privileges: The Department of Transport uses driving records to evaluate driver behaviour and assess potential risks. If you have a history of at-fault accidents or multiple violations, it may result in penalties such as license suspension, increased demerit points, or mandatory driver education courses. Therefore, it is crucial to maintain a safe driving record to preserve your driving privileges.
Future Opportunities: In certain situations, having an accident on your driving record may impact future opportunities. Some employers, particularly those in the transportation industry or jobs requiring driving, may consider an individual’s driving record during the hiring process. Additionally, rental car companies and insurance providers might inquire about your driving history before offering their services.
Police Investigation-Related Offences
It is crucial for drivers involved in an accident to understand their legal obligations when it comes to providing their details to the police. Failure to comply with these requirements can result in penalties and fines.
Non-Fatal Accidents
When an accident occurs, the driver must provide their accurate and truthful details to the police. Refusing to do so or providing false information carries a penalty. For a first offence, the penalty is $300.00, while subsequent offences incur a higher penalty of $600.00.
In addition to the driver, any witnesses or potential witnesses to the accident may be requested by the police to provide their particulars. It is important for them to comply with this request. Refusing to provide the requested information or providing false particulars can lead to a fine of $200.00.
Furthermore, if the police are not called to the scene of the accident and the property damage exceeds $3,000.00, it is mandatory to report the accident immediately. Failing to report the accident under these circumstances incurs a penalty. For a first offence, the penalty is $400.00, and for subsequent offences, the penalty increases to $800.00.
Failure to Provide Information to Involved Parties
In situations where property damage occurs as a result of an accident, it is imperative that the driver involved complies with legal obligations. Immediately stopping at the scene is mandatory, followed by providing their name, address, and the vehicle owner’s name and address to every other person involved in the accident. Failure to fulfil these requirements carries a penalty of $1,500.00. Additionally, the court has the authority to impose a disqualification from driving for a duration at their discretion.
Police Investigation With Death or Injury
Failure to provide particulars to the police in circumstances involving death or injury can lead to a penalty of $1,500. If the accident caused a death and the driver fails to report it immediately, the penalty is 10 years imprisonment. For non-serious injuries, the penalty is 12 months imprisonment. If the driver’s identity is unknown, the vehicle owner must provide information to help identify the driver; failure to do so incurs a penalty of $3,000 or 12 months imprisonment. Compliance with these legal obligations is crucial to avoid severe consequences.
Offences Resulting in Injury or Death
Drivers must immediately stop and provide their details to everyone involved in an accident where injury occurs, ensuring necessary assistance is provided. Failure to do so resulting in death carries a maximum penalty of 20 years imprisonment.
For serious injuries, the maximum penalty is 14 years imprisonment, and for non-serious injuries, it is 10 years (or 3 years if dealt with summarily). Non-disclosure of particulars to the injured person incurs a penalty of $1,500. The driver and vehicle owner must inform the Insurance Commission of WA unless an online police report was made. Compliance with these obligations is crucial to avoid severe consequences.
Steps to Improve Your Driving Record
While accidents may remain on your record for a specific duration, there are steps you can take to improve your driving record and mitigate the long-term consequences.
Safe Driving Practices: Adhering to traffic laws, maintaining safe speeds, and avoiding distractions while driving are essential for preventing future accidents and maintaining a clean driving record. Practice defensive driving techniques and be mindful of other drivers on the road.
Driver Education: Consider enrolling in defensive driving courses or other driver education programs. These courses can help you enhance your driving skills, increase your awareness on the road, and demonstrate your commitment to safe driving.
Regular Vehicle Maintenance: Ensure that your vehicle is in proper working condition by regularly servicing and maintaining it. Faulty brakes, worn-out tires, or other mechanical issues can increase the likelihood of accidents. By keeping your vehicle in good shape, you reduce the risk of being involved in an accident and improve your driving record.
Review and Understand Your Insurance Policy: Familiarise yourself with your insurance policy and understand how accidents impact your premiums. Discuss with your insurance provider ways to reduce your rates, such as taking advantage of safe driver discounts or increasing your deductible.
Patience and Calmness: Avoid aggressive driving behaviours and maintain a calm demeanour on the road. Practice patience when faced with challenging traffic situations or inconsiderate drivers. Reacting impulsively or engaging in road rage can lead to accidents and negatively impact your driving record.
Get Professional Car Accident Lawyers In Perth To Help You With Your Claim
Been in a car accident? Seeking professional assistance for your car accident injury claim can greatly alleviate the stress, worry, and confusion associated with managing such legal matters. At Soul Legal, our team of car accident injury lawyers is dedicated to helping individuals with their motor vehicle accident personal injury claims and car accident compensation claims in Perth.
With our NO WIN – NO FEE guarantee, you can have peace of mind knowing that we are fully committed to representing your best interests. Our experienced lawyers will handle the complexities of your case, allowing you to focus on your recovery and well-being.
Don’t navigate the legal process alone. Let our car accident injury lawyers at Soul Legal provide you with the support and expertise you need to pursue your claim successfully. Contact us today to discuss your case and take the first step towards obtaining the compensation you deserve.
