Negligent driving might sound like nothing more than a small traffic mistake, but in NSW it can have very serious legal consequences.
Depending on the outcome of your driving, penalties can range from fines to prison time.
What is Negligent Driving?
Negligent driving is defined in the Road Transport Act 2013 (NSW) as driving without the proper care and attention that a reasonable driver would exercise in the same circumstances.
It is different from dangerous driving, as it usually involves carelessness rather than deliberate or reckless risk-taking.
Categories of Negligent Driving
There are three main categories:
- Negligent driving not causing death or grievous bodily harm – the least serious form, often resulting in fines or licence suspension
- Negligent driving occasioning grievous bodily harm (GBH) – where someone suffers serious injury as a result of negligent driving
- Negligent driving occasioning death – the most serious form, carrying the possibility of imprisonment
Examples of Negligent Driving
- Failing to give way at an intersection
- Using a mobile phone while driving
- Failing to keep a proper lookout and colliding with another vehicle
- Driving while fatigued and losing concentration
- Rear-end collisions caused by inattention
Penalties for Negligent Driving
The penalties depend on the seriousness of the outcome:
- Not causing death or GBH – fines, licence suspension, and demerit points
- Occasioning GBH – up to 9 months imprisonment for first offences, and up to 12 months for repeat offences, plus licence disqualification
- Occasioning death – up to 18 months imprisonment for a first offence, and up to 2 years for repeat offences
Defences to Negligent Driving
You may have a defence if:
- The incident was caused by sudden and unavoidable circumstances (e.g., another driver’s unexpected actions, or a medical emergency)
- The accident was due to a mechanical failure outside your control
- You exercised reasonable care, and the incident was not due to negligence
Why Legal Representation is Important
Negligent driving charges can affect more than just your ability to drive—they can impact your criminal record, career, and insurance.
A lawyer can:
- Argue for a non-conviction order, such as a Conditional Release Order
- Challenge the evidence presented by the prosecution
- Negotiate to have charges reduced or dismissed
If you’ve been charged with negligent driving, contact our negligent driving lawyers for expert advice and representation.