Who is responsible for a motor vehicle accident

Unfortunately, all too often, people are seriously injured or killed in motor vehicle accidents every year throughout Queensland and Australia.  Although it is a traumatic and stressful experience, if someone is injured in an accident, due to the fault of another driver, they may be entitled to compensation for their injuries, loss of work and medical expenses.

Firstly, it must be proven that the accident was not the injured person’s fault and instead was the other driver’s fault.

Road Rules – The Law

In Queensland, the road rules are set out in the Transport Operations (Road Use Management – Road Rules) Regulation 2009, which outlines how we drive in a safe and legal manner.

Most motor vehicle accident claims are able to determine who is at fault, based on who has failed to comply with the road rules. A Police Traffic Incident Report will usually identify who is at fault, or most at fault for the accident.

However, as always, the Court still gives consideration to the actions of all parties involved in the accident, and whether they were acting reasonably or not.

Driving with reasonable care

In Sibley v Kais (1967) 118 CLR 424, the Plaintiff approached an intersection, looked to the right before entering an intersection and was struck by an oncoming vehicle from their left. The Plaintiff argued that the Defendant breached the “right hand rule” (that at unprotected intersections vehicles must give way to the right) and should be held liable on that basis.

Although it was a relevant factor, the High Court held that a breach of the right-hand rule (or indeed other road rules generally) does not determine, on its own, who caused an accident. The paramount consideration is whether the drivers acted reasonably in all the circumstances.

The Court held that drivers must not simply assume that other drivers will drive according to the road rules. When two vehicles are entering an intersection, they are both obligated to take reasonable care and remain vigilant.

Extending reasonable care

In some situations, reasonable care may even extend to anticipating the negligence of others or even irrational behaviour by pedestrians. Of course, this will depend on the facts of each matter.

For example, in Manley v Alexander (2005) 223 ALR 228, a driver was found to be negligent after hitting a pedestrian lying on a road at 4:00 am. The driver was distracted by another person on the side of the road and did not see the Plaintiff lying in the middle of the road. As the driver looked back, they saw something lying on the road, before running over it, which was the Plaintiff.

The High Court held that the driver was negligent in focusing his attention on the person on the side of the road for too long and failing to keep a proper lookout, during that period, to the road in front of him.

Had the driver looked ahead, he would have seen an object on the road in his path. Had the driver been paying attention to the conditions, and all that was happening on or near the road, they would have seen the Plaintiff lying on the road and avoided the impact.

Limiting reasonable care

There are also limits to what a driver must do to avoid liability when others are acting unpredictably. It will often depend on whether the driver has any reasonable opportunity to take steps to avoid the accident from occurring. This will also depend on the facts of each accident.

In Lim v Cho [2018] NSWCA 145, a driver was found not to be liable when their passenger leapt from the moving vehicle and suffered catastrophic injuries.

Here, the Court held that the driver of the vehicle was limited in their ability to control passengers whilst operating the vehicle. The Court found that the driver’s reaction to the ‘extraordinary and unexpected situation’, by attempting to grab the passenger and telling him not to be silly, was not unreasonable.

How we can help

The Compensation Team at Wallace & Wallace Lawyers are experienced in all aspects of motor vehicle accidents and injuries. We can help you determine who is at fault for a motor vehicle accident, and what that means for you in relation to any compensation you may be eligible for. If you are dissatisfied with your current representation, our experts can also offer a second opinion.

If you or someone you know has been injured in a motor vehicle accident, or you want a second opinion, call us now on (07) 4963 2000 or contact us via our online contact form for practical legal advice on how you should proceed.