Have you been in a traffic collision and the Police have infringed you, or given you a Court Attendance Notice for ‘negligent driving?’ If it’s the case that you are looking for top legal representation in the area of traffic law, then look no further than McKenzie McLoughlin Law. Our two lawyers have proven methods to get the best result for you.
The offence of negligent driving generally occurs in a situation where there has been an accident involving the driving of a motor vehicle, but that the manner of driving does not meet the definition of dangerous or reckless.
A typical example of negligent driving is where due to a moment of inattention, there is a motor vehicle accident, or alternatively where there has been a breach of the road rules, and an accident or collision has occurred.
Pursuant to Section 117 of the Road Rules 2014 (New South Wales), negligence occurs when a person drives without the due care and attention reasonably expected of the ordinary or prudent driver.
In deciding whether the driving was negligent, a Court would likely consider the following:
- The nature, condition and use of the road on which the offence is alleged to have been committed.
- The amount of traffic on the road (either at the time of the offence, or the amount of traffic which might reasonably be expected to have been on the road at the time of the offence).
- Any obstructions or hazards on the road.
The maximum penalty for such an offence is a fine of $1,100. Where there is a manner of driving which is negligent, and where death or grievous bodily harm is occasioned to a person, then the penalties can be far more serious and may include imprisonment.