In NSW, the standard for proving negligent driving is fairly low. A driver may be found to be negligent if they did not drive in the manner that a reasonable prudent driver would have driven given all the circumstances. A determination of all of the circumstances includes including consideration of the variable factors such as weather, road and traffic conditions.
There are three main charges of negligent driving:
Negligent driving not occasioning death or GBH;
Negligent driving occasioning grievous bodily harm;
Negligent driving occasioning death.
The first of these charges is usually dealt with by way of traffic infringement notice. Often, it is the result of a minor crash and the infringement notice will be issued to any or all of the vehicles involved. This infringement notice carries with it three demerit points.
http://www.armstronglegal.com.au/traffic-law/negligent-driving/ |