Is Car Accident Consider a Crime as Per the Law?

December 29, 2023    Civillawyers
Is Car Accident Consider a Crime as Per the Law?

Vehicular accidents can be regarded as incidents caused by drivers, cyclists, or motorists that lead to fatal or non-fatal physical injuries. Legal steps can be taken by the sufferer subjected to these incidents since these can be considered as criminal offences.

You can file a report and claim for compensation. However, the compensation will depend on the nature and impact of the accident. Perth Personal injury lawyers are experienced in handling these claims. If you or your loved ones are subjected to such situations, get in touch with them immediately.

To carry out the process, there are conditions to check if certain accidents are crimes. Check out the list to see if you are eligible to file a claim.

Scenarios where car accidents are considered as criminal Offense

Often, there is a thin line between the possibility of an unintentional or careless accident. The carelessness of either the driver, passenger, or pedestrian can cause a motor vehicle accident.

However, there always remains a question if there is any malicious intent behind it. This is why proof must be from photographs, videos, or witnesses.

Among the many scenarios, here are some examples of the types of car accidents that are considered as crimes.

1. Hit and Run

In the case of hit-and-run accidents, the drivers often flee the scene to avoid facing the consequences. Intentional or not, these situations always incriminate the driver. With the help of an experienced lawyer in Perth, you can report the incident.

Here, the driver needs to be tracked down first. Then you can proceed with the claim-making process. It is important to find witnesses, if any, who can describe the car model and the plate number.

2. Manslaughter

When car accidents lead to a terminal injury or the death of a person, it is termed as manslaughter. It can happen because of reckless driving, speeding, drunk driving, or being under the influence of any substance.

These incidents are also caused due to gross negligence. Suppose the reckless driver breaks traffic rules, ignores road signs, speeds over the limit, or drives while engaging in other activities. In that case, they can be charged with a case of manslaughter.

In these cases, asking for guidance from a well-experienced lawyer and making a claim is important.

3. Drink and Drive

One of the common examples of reckless driving is driving under the influence. It could be due to alcohol or other substances which can harm the person’s conscience. Driving while being tired or drunk is illegal and can cause distraction.

It is one of the causes behind head-on collisions of cars or run-overs. There have been numerous accidents that have caused fatal minor vs major injuries, which even lead to death. Rigid rules are implemented against drunk driving. If caught, the perpetrator can be fined, arrested, and can get their licence suspended.

4. Rollover accidents

Many of the car accidents caused in Australia are found to be rollovers. It can occur when a car collides with an obstacle and tumbles over, which is called a tripped rollover. On the other hand, untripped rollovers are caused when the car experiences friction with the road due to the steering or speed.

This is why it is important to pay heed to road signs. Especially when there is a chance of a tripped rollover accident, road signs are implemented for the safety of the driver and the pedestrians.

Rollover accidents can harm other car drivers as well as pedestrians. These are also prone to cause spinal injuries in many, which often leads to total or partial paralysis. If you are at the receiving end of any such accident, you can report it and make a claim.

5. Intersection Car Accidents

Despite many road signs warning about road intersections and implementing speed limits, intersection car accidents are becoming common. Speeding the car, ignoring road signs, or other recklessness can be responsible for these incidents.

Intersection car accidents can include singular or multi-vehicular crashes or crashes with cyclists, bikers, and pedestrians as well.

This type of accident is evident mainly in 3-way intersections, 4-way intersections, or roundabouts. If, as the sufferer, you have maintained your safety rules, you can report your concerns. It is helpful to have witnesses in these situations.

6. Multi Vehicular Accidents

Highways are the main witnesses of multi-vehicular accidents. These are caused due to crowded streets, intersections, or breaking driving rules.

Multi-vehicular accidents can be caused by one or more drivers involved. It is handled with seriousness and considered a crime because these accidents cause spilt fuel, which can initiate a fire. This is why it is important to limit your speed in overcrowded or dangerous areas.

What To Do As The Victim?

If you have suffered any injury due to road accidents, you are advised to get proper medical treatment to avoid worsening the situation. The medical report will also help as additional proof while making a claim.

Depending on the injury and loss of salary due to the accident, you can claim your treatment cost and the lost earnings.

If your injury is serious, you can lodge a claim by filling out the Notice of Intention to Claim form. Also, please fill out the Medical Authority form sent to you and submit it accordingly. After that, you will be informed if your claim is accepted or not.

Get the help of a personal injury lawyer to make a compensation claim. Once it’s proven as a crime and your claim is accepted, your medical treatment cost, lost wages, and injury compensation will be paid.

Role Of Personal Injury Lawyers in Handling Accident Injury Claims

After getting affected by an accident, the victims can consult with a personal injury or civil lawyers in Perth to instigate the insurance companies for compensation legally. They will provide ensured assistance and legal advice on how to represent and frame a case in court for the insurance claims.

In this context, we will discuss how personal injury lawyers can help their clients get their recovery compensations with proper legal rules and regulations.

1. Case Evaluation And Legal Consultations

Personal injury lawyers initially offer a confidential consultation to the clients regarding the case of an accident. They are bound to charge any extra fee other than the consultation fees, which will make it difficult for the clients to represent the case in court.

During the consultation phase, Personal injury lawyer Perth will determine the liabilities and possible damages that will move the case to court. They will gather all the essential information like medical reports, accident reports, and statements of the witnesses. This will make a strong foundation for the client’s claim for minor vs major injuries.

2. Investigation And Collecting Evidence

After the lawyers agree to take the case, they will start a comprehensive investigation of the case. They will try to find out whether the ‘car accident is a civil or criminal case and will investigate accordingly. This phase is a little bit time-consuming, and it totally depends on the experience and mindset of the lawyer.

This phase is also known as the discovering phase, and it is extremely crucial for the client. The insurance companies can show neglecting behavior to the clients if this phase is not executed properly. In this phase, the lawyer will do all the investing processes, including gathering evidence, police reports, expert consultations, and many more to frame a strong case for an insurance claim.

3. Legal Strategy And Expertise

The personal injury lawyers have detailed and proper knowledge of laws, regulations, and legal precedents. Each personal injury lawyer uses their experiences and expertise in framing a unique action plan for their client’s case.

Lawyers generally use their expertise to navigate the complexities of the Australian and other provinces’ legal systems. This helps the lawyers anticipate more legal challenges to maximize the chances of beneficial outcomes.

4. Closing Arguments And Settlements

Sometimes personal injury lawyers try to negotiate with the insurance companies so that they can secure the insured amount to their clients. Apart from these, they represent to the court what are the impacts of injuries on a person’s life.

This is why they provide immense physical and mental support to their clients during the legal procedures. They keep the clients updated about the case and will inform them of the timings and dates of hearings. This alleviates the attitudes of clients to focus on recovery after the accident.


Consulting with Personal injury lawyers in Perth will help the clients ensure the correct legal procedures for fatal accident compensation claim. This will help the clients to get their deserved amount from the insurance companies.

Any type of fatal or major accident can hamper the whole life of an individual. Therefore, it is extremely crucial to hire a personal injury lawyer to fight any sort of legal complexities with ease.

Suppose you are looking for any sort of legal support to recover any personal injury claims due to an accident. In that case, you can connect with top personal injury lawyers, who will provide you with legal support from experienced lawyers in Australia.

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