You may have heard that driving is not necessarily a right, but a privilege. Lawyers in Australia take this type of idea to heart, as the court system is very strict toward drivers who cause injury or death to another party. If a person is not operating a vehicle properly, then the law is imposed all the more rigorously.
Therefore, all jurisdictions in Australia consider it an offence for a person to drive a vehicle recklessly, or in a manner that leads to another person’s injury or death. Legislation is outlined that conveys what needs to take place to file a case against a party who is driving is unacceptably. The following components make up the elements that cause a court to rule against a driver in a reckless driving case.
Negligence Whilst Driving
If the driver was unjustifiably and consciously driving in a manner that disregarded another person’s safety, then he or she will be judged as reckless in their behaviour. Also, if the driver was negligent, he or she can be charged and punished for driving recklessly. In this case, negligence means that a person, without justification and to an extended degree, failed to observe the standard of care required of a reasonable person. If the driver was driving whilst drunk or intoxicated, then this is another major reason to rule that he or she was driving dangerously.
In order to determine if a driver was negligent, a Perth traffic lawyer will carefully review all aspects of the case. For example, negligence can be proven by showing the following:
- The driver navigated a motor vehicle when he or she was tired, knowing that it was possible to fall asleep at the wheel or lose control of the car.
- The driver did not follow the standard of care that a reasonable person, in the same situation, would have exercised.
Falling Asleep at the Wheel
Because falling asleep at the wheel can cause serious harm to another person, it is not taken lightly by a court of law. That is because the driver who falls asleep is not acting voluntarily or consciously when the car crash occurs. Therefore, the period of time when the driver was driving, just before the crash, must be carefully considered.
A Mechanical Defect
If a crash occurred because of a mechanical defect, the courts may consider this type of outcome as a defence. However, if the driver knew about the defect, then that is another matter. In that case, he or she may not be able to offer a defence.
Speeding While Driving
In the case of recklessness and speeding, the courts can still impose harsh penalties for drivers whose excessive speed was noted by law enforcement. Even if the driver did not cause an accident that led to the injury of another person, this type of offence is not viewed with any leniency. That is why you need to set up a consultation with a lawyer to review your case and strategize a defence. By taking this approach, you can more easily proceed and find out your rights, considering the circumstances. People make mistakes. That is why it is essential that you talk to a lawyer about the legal remedies for your situation.