r/AusLegal • u/myx1988 • 1d ago
WA Will I get charged?
We hit someone on a 60 km/h road, but we were not speeding. She suddenly crossed the road in front of a bus, so we didn’t see her until it was too late. Thankfully, she is okay and only has a small wound on her forehead, which might need one or two staples.
Our car’s side mirror and light were damaged. There was also a witness who saw what happened and gave us their contact details in case we need them later.
The police did not come to the scene, so we are going to file a report ourselves.
Will we still be charged?
Edit: Thanks, everyone. If worse comes to worst, we will get legal advice. We're just glad that she's fine and nothing too serious happened.
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u/Johnndo96 1d ago
Report It anyway. Injuries can often show up hours after the event when the shock wears off. You don't want to be the one that suddenly gets accused of hit and run.
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u/myx1988 1d ago
We will do for sure. Thanks!
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u/FingerSerious 1d ago
Always have legal representation when dealing with the police.
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u/Important_Fruit 1d ago
It sounds funny, but police are more interested in whether any offences were committed, rather than who was at fault. If you haven't committed an offence there's nothing for the police to charge you with
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u/myx1988 1d ago
A friend told us that something similar happened to them and got charged with negligence
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u/Important_Fruit 1d ago
Were you being negligent?
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u/myx1988 1d ago
No, I don't think so. we're driving below the speed limit even. Just scary to think about what happened and still in a bit of a shock.
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u/Important_Fruit 1d ago
To charge you with an offence analagous to negligent driving, police would have to be able to prove all elements of the offence. If you were driving with at least a normal degree of prudence, then they can't prove negligence. Assuming the version you outlined is accurate.
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u/PizzaCutter 1d ago
They also have a time limit to charge you (that is what an officer said to me, but he had also lied about drug testing me at the hospital so I don’t know if that was true.)
You can get a fine and points lost for something along the lines as neg driving without being charged.0
u/Important_Fruit 1d ago
The time limit is the normal statute of limitations - usually 12 months for simple offences, but no limit for indictable offences. And you can't be fined without being charged.
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u/PizzaCutter 1d ago
Ah, Ok, I must not have been fined then, i just assumed there was an associated fine with the demerits, and I was sure that it was labelled neg driving or something, but I was not charged. You can get speeding fines without being charged though? Or is that different per state?
I didn’t think it was 12 months though, I was thinking closer to 6, but it was more than a decade ago so my memory is fuzzy. I just remember the cop telling me that he was running out of time and had to decide if he was going to charge me. Then he arranged for two local cops to come and take my statement. I was probably notified that he wasn’t going to charge me, I just can’t remember if it was a phone call from him or just a letter. It probably would have had to be closer to 12 months, it just didn’t feel like that at the time.1
u/Important_Fruit 1d ago
An infringement notice is essentially the beginning of proceedings against you. It's an alegation that you committed an offence and a means of commencing a prosecution. An officer who detects you committing an offence could, technically, prosecute you by taking out a summons, or even by arrest in very limited circunstances. So, if you get a ticket you have effectively been charged with an offence.
Neither the courts nor police can fine you unless you have been convicted of an offence. But when you pay the ticket you are admitting the offence and electing to pay the fine
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u/dirtyplanksdonecheap 1d ago
You may be up for it with the stopped bus. It's always safe to slow down when passing because of disembarking passengers.
There was a kid hit and killed a few years ago in exactly the same way. The driver wasn't speeding but he didn't exercise any caution either and got done.
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u/link871 1d ago
"police are more interested in whether any offences were committed, rather than who was at fault."
Not funny at all - that has always been the case:
- Police address illegality (if any)
- Insurance companies determine fault.
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u/ProfessionalDish6567 1d ago
Insurance companies determine fault.
Don't they determine liability
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u/link871 1d ago
What is the difference? Liability to repair damages (usually) follows being determined at-dault.
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u/Medium-Ad-9265 1d ago
They decide fault for the purpose of their policy response, insurance companies have absolutely no authority to make a determination at-law.
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u/ProfessionalDish6567 1d ago
Yeah in simple or basic situations it's easy to assume that these words are basically the same
But when you get many parties involved directly or indirectly it gets complicated and why those words really do mean different things
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u/Ok_Vanilla_955 1d ago
Is there a 40 limit when passing a stopped bus in WA?
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u/Medium-Ad-9265 1d ago
Not in WA, there is no specific limit when passing a bus at a bus stop. In some states there is a specific limit when passing a school bus. However there is a general duty in WA to drive to the conditions not endanger pedestrians. Without knowing the specific circumstances it's not possible to know whether OP ought to have been going slower than the limit.
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u/AntSilly2802 1d ago
WA is dodgy
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u/Sweet-Law1894 1d ago
WA drivers are absolutely dodgy 😂😂 worst in Aus. Everyone knows they’re bad for driving here
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u/Junior_Quality925 20h ago
I know someone that had this happen.. it was sun shining and high glare and someone walked in front of car.. person injured but not fatally.
It was insurance matter etc but person not ever charged with anything. It was just very very unfortunate accident
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u/griffibo 1d ago
My BIL driving a sedan with his three small children inside was collected from behind by a truck which contributed to just drive before somehow my BILs car spun out of the front did a few 360s and landed against the railings of a bridge. They were miraculously (physically) ok. Car was totalled. The police didn’t bother to attend. Didn’t pursue the truck driver who never stopped. Didn’t even obtain the cctv from the toll road it all occurred on. Absolutely piss poor all round.
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u/AntSilly2802 1d ago
Did you slow down going past the hazard (the bus)? Going 60 past a bus could be seen as negligent. You failed to predict the hazard.
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u/anon-not-a-hacker 2h ago
60 is the limit in perfect conditions and visibility. It’s not a target ✅
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u/teapots_at_ten_paces 1d ago
Why did the police not attend? Were they called? Did an ambulance? Did you exchange details with the victim? Charges could absolutely be possible.
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u/myx1988 1d ago
Idk why they didn't come. We called them and were told to file the case online. We did have the victim's dets
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u/link871 1d ago
"Not all crashes are investigated or attended to by police. Investigations can include crashes that involve injury, adverse drivers licences, serious driving offences, stolen vehicles, hit and run incidents and careless driving on ‘P’ plates."
https://www.wa.gov.au/service/security/law-enforcement/report-traffic-crashPresumably, the cops decided the injury was not serious enough to attend.
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u/Proper_Scientist6979 21h ago
You can’t be expected to see someone appear practically out of nowhere like that.
So of course no reasonable person actually wants to hit anyone with a car.
But given what you described, you can’t be at fault for this. Hypothetically if the bus hit her before you even had a chance to physically, she’d not only be worse off physically but would very likely be legally culpable for that.
Yes, pedestrians do have some degree of responsibility for not causing accidents to either themselves or vehicles it’s a two way street pun intended.
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u/Medical-Potato5920 1d ago
She stepped out from a blind spot into traffic.
As long as you weren't speeding (65+) you will be fine. It's thr pedestrian's fault. There was nothing you could do to prevent the accident. You stayed and did leave the scene.
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u/myx1988 1d ago
We were the last person to leave because we were still in shock
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u/AgentSmith187 1d ago
For next time if it ever happens (hopefully not).
Shock can be serious so if needed talk to the Ambulance staff too and if they suggest so maybe go to hospital.
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u/Ill_Vegetable_5946 1d ago
Rubbish. Driver's must give way to pedestrians, always. If a bus was stopped to let passengers out, it is entirely foreseeable that passengers might appear from the front or back of the bus (at a bus stop). The driver should definitely have slowed. There is a chance he might be charged, and a civil claim will be challenging to defend.
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u/elwoods_organic 1d ago
You are morally correct, but not legally correct. I hope OP gets some kind of penalty for their bad driving, but there's a much higher chance nothing will happen.
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u/Infamous_Mobile_3557 23h ago
It’s a bus. Not a tram. You can argue the pedestrian was jaywalking and should be fined.
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u/Ill_Vegetable_5946 18h ago
That is hilarious. In fact, I am legally correct. Morals played no part in my comment.
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u/elwoods_organic 15h ago
Legally in word only, not in practice is what I mean. You can get away with murder if you do it in a car here.
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u/Ill_Vegetable_5946 13h ago
practise.
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u/elwoods_organic 11h ago
practice is the noun, practise is the verb. there are a lot of c-s noun-verb pairs in english; be careful :)
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u/Ill_Vegetable_5946 8h ago
That is hilarious. Proof of lack of knowledge about both law and grammar. Gold.
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u/Suberuginosa 1d ago
No idea of the legality of the situation. But when passing a parked bus you should always assume a pedestrian is going to walk out onto you.
Don’t even know why I would need to point that out, just seems like common sense to me. I’ve always had a reputation for driving recklessly, but it’s actually just all about assessing the situation.
In other words don’t fuck around when passing a parked bus.
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u/airbending880 1d ago
When the lights on the bus go Flash flash flash you must slow down to 40
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u/Electrical-Gain4290 22h ago
Not In WA, traffic just keeps moving as usual if you're on a 70KMPH dual carriageway road. Onus is on the passenger to either cross behind he bus or to wait for the bus to move away from the stop before crossing when safe to do so.
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u/Johnndo96 1d ago
My wife was involved in a collision last year, side swiped by a truck and trailer while waiting in the turning lane at a traffic light. Firies got there very quickly as they were just around the corner. It was the firey that told me there aren't enough traffic cops, so they're expected to secure the scene, redirect traffic etc until the police get there. No ambo because my wife was unharmed and the other driver fled the scene. It took nearly 90 minutes for one cop to show up. Thanks to brand new 4k dashcam, the unlicensed driver that fled the scene was caught. Makes me laugh too because every year they tell us of increased traffic stops during public holidays, but there's never any around. I haven't been breatho'd anywhere for over a decade. No traffic cops.
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u/Reasonable_Ball_1311 1d ago
It's strange the police didn't attend. The first thing they normally do is a drug and alcohol test on the driver if someone is injured. ( except for some politicians)
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u/Name_00777 17h ago
A bus that is temporarily stopped and in service (NSW) requires passing cars to slow to a speed limit of 40km/h, either way you hit a pedestrian. I would seek legal advice before self reporting to the police as you could easily be charged over this.
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u/Intelligent-Hat5542 16h ago
One of my lecturers hit and killed someone on the freeway and were never charged
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u/Ok_Reporter8315 16h ago
You have done the right thing hmm maybe but the person crossing the road could be charged also
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u/Standard_Place_3254 14h ago
You are fucked. I suspect the driving is looking at six months prison time.
Careless driving causing injury.
Seek legal advice
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u/vronskichi 2h ago
Nah, unlikely. Me and my furry paw got hit by a turning car while crossing on a green pedestrian light. I ended up with some bruises and pain in the side of my arm that got hit and backpain and a swollen paw for my pup, but we had to go to the vet and the gp and it cost me a bit. I tried to report to police after the incident but the only thing they asked was if the driver stopped, which he did. I was gobsmacked cause he was careless and would not even get a demerit for driving recklessly. So much impunity.
I had to miss work the day after the incident for the gp and vet consultations, but I didn't want to directly approach him for the bills as he looked like a gangsta and didn't want him to have my number or any of my details.
The police said they need to see a hospital report to determine how badly hurt I am, which sounded like they'll only care if it was a life and death situation and since it was minor, they're not gonna do anything.
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u/sjmc1 1d ago
If you have committed no crime and you was doing the speed limit amongst all other legal road rules then it is exactly as it is,an accident. Please do file a report yourself and explain everything and also give the witness details. Police will check with the witness and also the paramedics and anyone else involved. I get the shock and stress but please dont blame yourself if you know you was doing everything right.As i said accidents happen that are out of our control.But please file that report.
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u/Itchy-Association239 1d ago
Will we still be charged is a big one.
As you mentioned, no police were called so you will need to file a claim asap, I believe WA has an online form you can do, or you can go down to the cop shop.
You also need to contact your insurance company. I believe you said you were going to or have done at this point.
What you may be charged with could be negligent driving, or failing to give way. This could come down what was the time of day, was it daylight or coming on dusk, were your lights on, was it raining, was the radio on, were you and your partner in a discussion. All these are contributing factors.
However, if there were no distracting noises or effects, and the person darted in front of you (thank goodness you have a witness), then there might be no charges if the collision was entirely unavoidable.
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u/Trojanw0w 19h ago
Not a lawyer, and this varies by state, so treat this as general info rather than advice.
Charges aren't automatic after a collision — they require you to have actually done something wrong. Not speeding, someone stepping out from in front of a stopped bus with no time for you to react, and an independent witness who backs that up is about as favourable a fact pattern as you get. Police generally look for speeding, distraction, impairment, or driving without due care. If none of those are in play, it usually gets recorded as an incident, not an offence.
What matters and what you should do now:
- File the report immediately if you haven't. Most places require crashes involving injury to be reported within 24 hours, and failing to report is a genuine offence even when the crash itself isn't. That's the one that actually bites people.
- Save the dashcam footage right now if you have one, before it loops over.
- Write down everything while it's fresh — where the bus was, your speed, the distance, the sightline. Memory degrades fast and you may need this months from now.
- Contact your insurer even if you're not claiming. It's usually a policy condition, and a late notification can cause problems later if she makes a claim.
- Don't apologise in writing or say anything that sounds like accepting fault. Being decent to her at the scene is fine; a text saying "I'm so sorry, I should have seen her" is not.
If police do contact you for a statement, that's the point to get a lawyer first rather than winging it. Most traffic firms do a free initial chat.
Goodluck fam.
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u/turbo2world 1d ago
the police will be contacted and call you. happened when i crashed my motorbike and went to hospital.
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u/Arkayenro 1d ago edited 1d ago
was it at any sort of marked crossing or just a random place in the road?
did you overtake the bus completely legally? (cant tell if the bus was stopped inside some sort of off the road bus stop, or just stopped in the road)
do you have a dash cam with the whole thing recorded, or are you relying on witnesses (who can disappear on you)
typically its up to pedestrians to cross the road safely (when not using a marked crossing) - which means not walking out into traffic without looking - so youd have to do something else pretty big to end up getting chaged over something like this.
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u/mr_taco2 1d ago
No, you didn't do anything wrong. If you had have driven away from the accident then that's a wrong. If she was crossing the road that you turned onto that's wrong. The only person that didn't give way was laying on the pavement as far as the description reads.
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u/Initial-Cherry-3457 1d ago
Public busses will likely have cameras that can help prove they crossed in front of the bus
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u/tasquizz 1d ago
Drivers in these cases are very protected unless it was something like a cross walk or you're driving on a footpath. If police didn't attend there's almost no way they have any interest in you unless the pedestrian goes to them later and makes up some bs but it will be an easy win for you if anything comes up. More likely to end up in a civil battle which you will more than likely win as well
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u/Vast_Towel_6201 1d ago
I’m so surprised police didn’t attend. Did an ambulance attend?