Careless Driving With High Speed Collision & Multiple Injuries

I was recently engaged by a client who was involved in a high speed 3 vehicle collision on the Bruce Highway near Maryborough.

The client was driving a minivan with 5 passengers, and 4 persons were travelling in the other vehicles.

Unfortunately, there were multiple serious injuries amongst the parties.

In a nutshell, the client was driving uphill at the sign posted speed limit, which was 100 kilometres per hour.

As the client’s vehicle approached the top of the hill, a line of stationary vehicles appeared in front of him, all backed up behind a turning truck and semi-trailer.

Given the section of highway was raised, had he have swerved to the left, his vehicle would have plummeted down a severe drop off, with 5 passengers aboard.

Had he have continued on his path, he would have ploughed into the stationary vehicle ahead, which would almost certainly have resulted in multiple fatalities.

The client took the only action which he felt he could in that sudden instant, and swerved to the right.

The client’s vehicle collided with the front corner of an oncoming vehicle.

As I said, there were multiple serious injuries in all vehicles involved.Sensibly, the client contacted me immediately following the incident.

This immediate contact allowed me to liaise with the charging Police Officers and ensure the client cooperated without putting his foot in his mouth.

This initial cooperation resulted in a charge of Careless Driving, otherwise known as Driving Without Due Care & Attention, rather than the more serious Dangerous Driving (Dangerous Operation of a Motor Vehicle).

The reason for this was that by engaging me early, I was able to restrict the amount of incriminating information provided to the Police.

As the client lives in Gladstone, I had the matter transferred to Gladstone Magistrates Court.

I flew up to Gladstone and represented my client.

My client faced a maximum penalty of a lifetime loss of licence, 6 months imprisonment and 40 penalty units.

At the time of writing this, a penalty unit in Queensland is worth $113.85.

Given the serious nature of the matter, I prepared lengthy and detailed written submissions summarising the relevant case law.

I also prepared detailed and comprehensive verbal submissions.

The Prosecutor relied heavily upon the District Court case of Tschirpig v Martin, in which the facts were very similar, and that person received a 5 month driver’s licence disqualification.

I went to great lengths to distinguish the situation my client was in from that of the defendant in that case.

I was able to persuade the Magistrate that my client’s behaviour was not entirely the same.

I successfully persuaded the Magistrate to not disqualify my client's licence.

My client received a $1250 fine only.

To confirm, my client did not lose his licence.Needless to say, my client was elated, as was his family.

Regards

Andrew Wiseman, Wiseman Lawyers

Ph: 1300 947 352

andrew.wiseman@wisemanlawyers.com.au

wisemanlawyers.com.au

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