Every driver in New South Wales owes a duty to other road users to drive safely and with proper care and attention. When police believe a driver has failed to meet that standard, they may lay a negligent driving charge.

Negligent driving offences can range from relatively minor traffic incidents through to serious cases involving injury or death. Understanding how these offences work — and the potential penalties involved — is important for anyone facing a charge.

What Is Negligent Driving?

In NSW, negligent driving offences are primarily governed by the Road Transport Act 2013 (NSW). Broadly speaking, negligent driving occurs when a person drives a motor vehicle without the level of care and attention that a reasonable driver would exercise in the circumstances.1

Unlike dangerous driving offences, negligent driving does not require intentional wrongdoing or extremely reckless conduct. Instead, the focus is on whether the driver failed to exercise proper care.

Examples of Conduct That May Amount to Negligent Driving

Negligent driving allegations can arise from many different situations, including:

  • Failing to pay proper attention to the road;
  • Distracted driving;
  • Tailgating another vehicle;
  • Failing to give way;
  • Unsafe lane changes;
  • Driving too fast for weather or road conditions;
  • Running red lights or stop signs;
  • Causing a collision through carelessness;
  • Briefly falling asleep while driving;
  • Using a mobile phone while operating a vehicle.

Police often rely on witness statements, dashcam footage, accident reconstruction evidence, and admissions made by drivers during investigations.

Different Types of Negligent Driving Charges

There are several negligent driving offences in NSW, including:

Negligent Driving (General)

This is the standard negligent driving offence and applies where no death or grievous bodily harm has occurred.2

A court may impose:

  • Fines;
  • Licence disqualification;
  • Demerit points; and
  • In some cases, a criminal conviction.

Negligent Driving Occasioning Grievous Bodily Harm

A more serious offence arises where negligent driving causes grievous bodily harm to another person.3

“Grievous bodily harm” refers to really serious injuries and can include permanent injury or significant disfigurement.

Penalties may include:

  • Higher fines;
  • Longer disqualification periods; and
  • Imprisonment.

Negligent Driving Occasioning Death

Where negligent driving causes the death of another person, significantly more serious penalties can apply.4

These matters are treated very seriously by NSW courts, particularly where aggravating features exist such as excessive speed, fatigue, alcohol, or mobile phone use.

How Courts Assess Negligence

When determining whether driving was negligent, courts consider the overall circumstances, including:

  • Traffic conditions;
  • Weather conditions;
  • Visibility;
  • Speed;
  • Driver fatigue;
  • The condition of the vehicle; and
  • The actions of other road users.

The question is generally whether the driver departed from the standard of care expected of an ordinary prudent driver.

Importantly, not every accident automatically amounts to negligent driving. Courts recognise that genuine mistakes can occur on the road, and each case depends heavily on its facts.

Possible Defences

Potential defences may include:

  • The driving was not negligent;
  • Another driver caused the incident;
  • A sudden medical episode occurred;
  • Mechanical failure;
  • Necessity or duress; or
  • Insufficient evidence.

In some cases, lawyers may also seek to negotiate the facts alleged by police or argue for a non-conviction outcome.

Why Legal Advice Matters

Traffic offences can have serious consequences beyond fines. A conviction may affect:

  • Employment;
  • Insurance;
  • Professional licences;
  • Future driving privileges; and
  • Criminal records.

Obtaining legal advice early can help drivers understand their options, assess possible defences, and prepare for court appropriately.

Disclaimer

This article is intended for general informational purposes only and does not constitute legal advice. Laws may change and legal outcomes depend on the specific facts of each case. You should obtain independent legal advice regarding your individual circumstances.

Sources

  1. Road Transport Act 2013 (NSW), s 117. 
  2. Road Transport Act 2013 (NSW), s 117. 
  3. Road Transport Act 2013 (NSW), s 117(1)(b). 
  4. Road Transport Act 2013 (NSW), s 117(1)(a). 
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