Page updated on: Friday April 23, 2010
Mary is driving home after work. She was on her cellphone talking to her daughter when she failed to notice a line of stationary vehicles in front of her. She collides with the last car, which is shunted into a motorcyclist who is thrown off the bike. Robert breaks his leg and his motorbike is written-off.
Offence:
Careless driving causing injury – section 38 of the Land Transport Act 1998
It is an offence to operate a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission cause an injury to or the death of another person.
Penalty:
The maximum penalty is imprisonment of up to 3 months or a fine of up to $4500. The Court must disqualify you from driving for 6 months or more.
Likely sentence:
Mary will be disqualified from driving for six months. She may be fined around $500 or ordered to complete community work. She will be ordered to pay court costs of $130 and reparation to Eric for the cost of his bike, his medical costs and possibly compensation for emotional harm.