WHAT NEEDS TO BE DONE WHEN YOU’RE INJURED IN A HIT AND RUN CAR ACCIDENT?

Many people are not aware that if you are injured in a car accident and the other driver fails to stop and can’t be located a claim for compensation for injuries sustained can still be made. If you are involved in a hit and run accident and the identity of the other driver at fault can’t be ascertained after ‘due inquiry and search’ a compensation claim can still be made against ‘the Nominal Defendant’. The Nominal Defendant is in fact a scheme by which a party – or defendant – is created in name only for the purposes of...

read more

WHAT CAN BE DONE TO AVOID DEMERIT POINTS?

When a police fine for a speeding charge is paid or a conviction is recorded in Court, then demerit points are incurred* unless the Court is satisfied that the offence was ‘trifling’ or any other proper cause exists to reduce the number of demerit points. The Supreme Court recently considered the various grounds upon which a person charged with speeding might not incur demerit points. In the case before the Court, the driver pleading guilty to a speeding charge for which the Magistrate imposed a conviction and fine. He had been detected...

read more

HOW INTOXICATION CAN AFFECT A COMPENSATION CLAIM.

A pedestrian who was the victim of a hit and run has had his award of compensation reduced by half from $638,155.02 to $319,077.51 on the basis that he was extremely intoxicated and ought to have been aware that he was creating a situation of danger. The incident was the culmination of a series of altercations involving the occupants of the car involved and one in which the injured person had been travelling. The plaintiff ran on to the road to collect an iron bar that had been thrown a short time earlier from the car in which he had been...

read more

BREATH ANALYSIS TEST HELD TO BE UNRELIABLE

On 1 December 2011 the Full Court of the Supreme Court upheld a decision to dismiss a charge of driving with the prescribed concentration of alcohol on the basis that the person charged had shown that the breath analysis reading was unreliable. The defendant in that case was charged with driving with a blood alcohol concentration of 0.098% after a breath analysis was conducted by police at 10.20 pm.  He exercised his legal right to have a sample of blood taken for analysis and that occurred at 12.30 am.  The result of...

read more
Page 1 of 212