In NSW, the standard for proving negligent driving is fairly low. A driver may be found to be negligent if they did not drive in the manner that a reasonable prudent driver would have driven given all the circumstances. A determination of all of the circumstances includes including consideration of the variable factors such as weather, road and traffic conditions.
There are three main charges of negligent driving:
- Negligent driving not occasioning death or GBH;
- Negligent driving occasioning grievous bodily harm;
- Negligent driving occasioning death.
The first of these charges is usually dealt with by way of traffic infringement notice. Often, it is the result of a minor crash and the infringement notice will be issued to any or all of the vehicles involved. This infringement notice carries with it three demerit points.
Negligent driving occasioning GBH or death are both very serious charges that carry with them maximum penalties of 9 months and 18 months imprisonment respectively. These charges carry with them the likelihood of a criminal conviction and lengthy loss of licence together with other penalties.