Friday, Oct 17, 2014 at 14:59
Here's some points to bear in mind as regards police and legalities;
There is a difference in law and liabilities between the following situations;
1. A driving offence (this is criminal responsibility).
2. Responsibility for damage (this is civil liability).
3. Injury to persons involving motor vehicles (this is regarded as serious, and MUST be reported to Police - even minor injuries).
Roads are initially surveyed, then "gazetted". Once gazetted, they are open to the public and maintained by local authorities or the M.R.D. of W.A.
You can have surveyed roads, that have never been gazetted. These are still open to the public, but are not maintained.
Sometimes local landowners will initiate a request to close a surveyed, ungazetted road. This is often approved, the landowner purchases the road reserve, and a
gate is installed across the former surveyed road.
This may appear to be a road, but it is now private property. If you enter without the landowners permission, you are trespassing.
At one time, a major distinction was made between gazetted and ungazetted roads and private property when it comes to traffic offences and traffic accidents.
That division has now been replaced with a reference to a "public place".
Thus, if an area is normally accessible by the public, regardless of whether it's a gazetted road or something else - it's deemed a "public place".
Typically, many crashes involve a vehicle leaving a public road and crashing through private property, causing damage.
Thus, the major distinction between roads and private property cannot be upheld as it once was, when a traffic accident has occurred, and property damage or personal injury has been incurred.
Charges can be laid for traffic offences carried out in a "public place". Typical examples are sportsgrounds (doing burnouts on the grass), beaches (driving offence charges are laid exactly the same as if on public roads), and even private paddocks that are thrown open to public access, for events that are being held.
The bottom line is "being in charge of a motor vehicle".
The police in W.A. have no real interest in traffic accidents where damage is relatively minor and no-one is hurt. They do get interested when a chargeable offence has been committed, or when someone has been injured.
A person can receive a minor injury that appears superficial and is dismissed - but that injury could develop into something more serious - and at that point, the person injured, is entitled to lodge a claim for compensation under CTP insurance, to the State insurer.
In order for the personal injury claim to proceed, a crash report has to have been lodged with police. If a person lodges a personal injury claim and the crash has never been reported, both drivers can be charged with "failing to report an accident causing injury".
Traffic accidents on private property are treated differently under road statistics regulations. Accidents causing injury and death on private property are not included in the calculations for the road toll.
Thus, it's important to immediately identify whether a criminal offence has been committed when a crash occurs.
This means identifying the drivers as being the people they actually represent themselves to be (ID fraud in crashes is common).
It also means that the drivers have to find out if the other vehicle is registered and the driver is licenced and not driving under
suspension.
If you're in a crash and there's any doubt about the above, call the police.
Both drivers have to ensure that no injuries have been sustained, and if they have, police must be advised.
Both drivers have to ensure that they give their details to any owners of property that have been damaged in the crash.
And finally, it is both drivers responsibility to ensure that traffic is not obstructed by a crash, and that wreckage is removed and that oil and fuel spills are covered or cleaned up.
W.A. police have an online system of reporting crashes where police are not required to attend.
It pays to report crashes where damage involves insurance claims, and to ensure you get crash witnesses names and contact details.
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Follow Up By: fredwho - Friday, Oct 17, 2014 at 18:21
Friday, Oct 17, 2014 at 18:21
Interesting info Ron N, thanks.
"It also means that the drivers have to find out if the other vehicle is registered and the driver is licenced and not driving under suspension"
How do you
check these? In NSW there are no rego stickers on the car, and how
check if the driver is suspended?
"1. A driving offence (this is criminal responsibility). "
Aren't most accidents the result of driving offences and thus reportable to the police? Cutting off drivers, going thru a
Stop sign...
If you are rattled after an accident and can't think clearly or remember all these things you need to do to avoid being penalised, I'd say call the police due to temporary brain injury as that is holding you back from acting normally! Jeez, how can people get all that right in such a situation...
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Follow Up By: Ron N - Friday, Oct 17, 2014 at 21:07
Friday, Oct 17, 2014 at 21:07
Yes, that's true, being seriously rattled and not thinking straight after a crash, is a big problem.
However, keeping a simple list of things to do after a crash, in your glovebox, assists in that regard.
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