Our negligent driving lawyers will take the weight off your shoulders with the strongest possible defence for your case
A negligent driving offence is classed as an accident caused by a driver acting in a careless, inattentive or irresponsible manner behind the wheel. This offence can result in harsh penalties, heavy fines and licence suspensions that can keep you off the road for months.
Whether you’re a first-time offender or you’re facing subsequent charges, you need an expert defence for your case. At Green & Associates, our criminal lawyers have successfully defended a huge range of traffic offences including drink driving, drug driving, reckless driving, negligent driving and more.
We understand how time-consuming, stressful and inconvenient the legal process is for our clients. That’s why we ensure all our clients feel supported with clear advice, open communication and total transparency throughout the process.
Plus, we offer upfront fees with no hidden costs or unexpected charges. We even provide a 10% discount for fees paid within 7 days of signing with our team.
With a 97% success rate across more than 1,500 cases, we’re the negligent driving lawyers you need on your side.
Give your case the best defence with Green & Associates. Get in touch today.
Our criminal lawyers are a cut above the rest
At Green & Associates, our team is here to support you.
Whether you’re defending negligent driving charges or negotiating a plea deal, we’ll go the extra mile to ensure you receive the utmost attention, care and support throughout the process.
With over 40 years of combined experience across our team, we know how to deliver results. We leave no stone unturned to provide you with an airtight defence and achieve the fairest possible outcome for your case.
If you’re facing negligent driving charges in Sydney, we’re here to help.
- We’re results-driven. With a 97% success rate across our team, we’re not happy unless our clients are getting the best possible results for their cases.
- We’re compassionate. We understand how intense and time-consuming negligent driving charges can be. We provide dedicated support and guidance to reduce stress for our clients.
- We have strong local connections. Our excellent reputation has given us strong connections to some of Sydney’s leading criminal barristers.
- We make it simple. No complex jargon or dense legalese — we keep our clients in the loop with everything they need to know about their defence.
- We keep our fees transparent. We provide upfront fees with no hidden charges or unexpected costs.
- We provide discounts for early payments. Pay your legal fees within 7 days of signing with us and we’ll take 10% off.
Our criminal lawyers service the following Sydney locations:
- Potts Point
- Kings Cross
- Woolloomooloo
- Rushcutters Bay
- Elizabeth Bay
- Darlinghurst
- Surry Hills
We also service a range of surrounding areas in Central Sydney. Explore our full list of service areas for more information.
If you need a negligent driving or car accident lawyer in Sydney, call Green & Associates today. Our expert criminal lawyers will give your case the strongest possible defence.
What is negligent driving?
Negligent driving refers to instances in which the negligence of the accused resulted in a traffic accident while driving. For example, not paying attention to the road or failing to follow specific traffic laws are two common instances of negligent driving.
Negligent driving offences are divided into three main charges, each of which carries different penalties under NSW law.
- Negligent driving occasioning death
- Negligent driving occasioning grievous bodily harm
- Negligent driving not occasioning death or grievous bodily harm
Each charge carries a range of penalties depending on the seriousness of the incident and the consequences to those involved.
To prove that the accused was acting in a negligent manner, the prosecution must establish the following conditions beyond a reasonable doubt.
- That the accused was driving the vehicle at the time of the accident.
- That the accused failed to take proper care while driving at the time of the accident.
- That the actions of the accused were responsible for any grievous bodily harm or deaths that occurred as a result of the accident.
If you’re facing negligent driving charges in Sydney, get in touch with our team today. As one of the region’s leading negligent driving lawyers, we’ll provide the best possible defence for your case.
Contact us for more information and get a better defence for your case today.
Penalties for negligent driving offences
Penalties for negligent driving offences vary depending on the type of charge the accused is found guilty of.
Penalties for negligent driving occasioning death
This charge carries the most severe penalties for negligent driving. Penalties for negligent driving occasioning death include:
- Maximum court imposed fines — $3,300 for a first offence and $5,500 for a second or subsequent offence
- Maximum jail time — 18 months for a first offence and 2 years for a second or subsequent offence
- License disqualification period — 12 month minimum for a first offence and a 2-year minimum for a second or subsequent offence. An unlimited maximum disqualification period may apply to any charges in this category.
Penalties for negligent driving occasioning grievous bodily harm
The penalties for this charge can differ based on the severity of injuries caused, and lighter sentences can be given if any injuries sustained do not qualify as grievous bodily harm. Penalties include:
- Maximum court imposed fines — $2,200 for a first offence and $3,300 for second or subsequent offences
- Maximum jail time — 9 months for a first offence and 12 months for a second or subsequent offence
- License disqualification period — 12 month minimum for a first offence and a 2-year minimum for a second or subsequent offence. An unlimited disqualification period can be applied to charges in this category.
Penalties for negligent driving not occasioning death or grievous bodily harm
The majority of negligent driving offences in this category result in traffic infringement notices, fines and demerit points. Licence suspensions can occur depending on the number of demerit points received. In addition, a licence disqualification period may also apply if the accused is asked to appear before the court.
- Maximum court-imposed fines — $1,100
- Licence disqualification period — This is based on the court’s discretion but can be a maximum of 12 months.
Our expert negligent driving lawyers will give your case the best chance at success. Get in touch with our team today.
FAQs about negligent driving offences
Common defences against negligent driving charges include:
- Proving that the accused was not driving negligently. Difficult road conditions including excessive traffic, heavy rain, bad weather, low visibility, hazards or other vehicles can be used to argue that the accused was not driving negligently at the time of the incident.
- Proving that the accused was not driving the vehicle at the time of the incident.
- Proving that the negligence of the accused did not directly cause the incident at hand.
- Acting out of necessity. This refers to acting in order to avoid greater harm from occurring to yourself or to others.
- Acting under duress. This refers to acting because you have been compelled to do so under the threat of death or grievous bodily harm occurring to yourself or to another party.
No. Negligent driving charges are less severe than reckless and dangerous driving charges.
Negligent driving charges refer to incidents in which the accused acts without paying proper attention or care to their surroundings while driving. Reckless and dangerous driving offences occur when the accused acts in a way that creates an obvious risk of injury, property damage or death. Essentially, reckless and dangerous driving charges are determined based on the intent of the driver and the seriousness of the risk they have created.
Grievous bodily harm is defined under the Crimes Act 1900 as a severe or permanent injury causing ongoing problems for the victim. Examples of grievous bodily harm include:
- Broken bones
- Brain damage
- Organ damage
- Death of a fetus
- Stabbings
- Disfiguration
- The transmission of serious diseases such as HIV
Choose Green & Associates when you need a car accident lawyer in Sydney. Get in touch today.
If you or someone you know needs a robust defence against negligent driving charges in Sydney, contact our team today. With a 97% success rate across over 1,500 cases, our criminal lawyers know how to get the best possible results for our clients. No matter your case, our negligent driving lawyers are here to help.