A man was struck in Seymour by a car leaving him in serious injuries. The local police stated that the accident happened around 1:00 am at Kitchener Crescent Street. The pedestrian was immediately brought to Alfred Hospital to treat his serious injuries. The driver and another man were arrested by the local authorities after sending the injured pedestrian to the hospital. Traffic violation charges may be filed against them after interview.
Under the Motor and Traffic Law of Victoria 2013, a driver is obligated to exercise a diligent and reasonable degree of care and attention in operating his vehicle. Every motorist must be careful and prudent at all times whenever he is driving otherwise the law may treat him as a careless and negligent driver and an appropriate traffic violation charges may be filed against him.
Thus, a person can be held guilty of careless driving if he fails to exercise a reasonable degree of care and prudence in driving his motor vehicle. The law consider the said failure as an offence and penalizes the driver with a penalty of not more than 12 penalty units for first offence and 25 penalty units in case of subsequent offenses. Penalty units under the Victorian Law are used to determine the amount of fine for an offense. The current rate for one penalty unit from 1 July 2013 to 30 June 2014 is equivalent to $144.36 AUD.
The law determines whether a driver is careless and negligent through several factors this includes the attending circumstances of the said accident. Failure to assess and respond to a given circumstances is given weight by the court in deciding whether a driver is negligent and careless.
Even if the accident is foreseeable, the driver is not considered to be negligent and careless if he is driving appropriately within the speed limit. Accordingly, a driver is not obligated to behave in such a manner as if an imminent danger or accident is going to happen to him. It will totally defeat the purpose of driving the motorist is in a constant state of fear that untoward incident will happen to him whenever he is on the road. He can act accordingly as long as he is operating his vehicle safely and assume that other road users are acting accordingly under the traffic law which also includes the behavior of pedestrians.
In this recent accident, the local authorities is mandated to obtain all the attending circumstance that lead to the accident before a proper traffic violation charge may be filed. They must secure these data from the driver himself, the victim, witnesses to the accident and other evidences that may be gathered such as CCTV footage or recording. Proper custodial investigation and interview of the driver must be carried out in order for due process to be observed as well as to determine the true cause of the said accident. After determining the cause, the authorities may file the appropriate traffic violation charges against the careless driver and it will be up to the court to decide the case and impose the appropriate penalty.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.