This article looks at examples of drivers doing the worst possible thing after a serious accident, and reveals the five things you should do to protect yourself if involved in a crash that causes injury or death.

When drivers flee the scene

Not only is it a criminal offence to flee a crash without rendering assistance – potentially resulting in significant fines and imprisonment – leaving the scene can be used as evidence of your attitude to a crash, suggesting a lack of remorse or concern for those who’ve been injured or killed. Below are some examples of offenders who made things worse for themselves by fleeing:

In December 2023, a 52-year-old man was arrested in Tasmania following a four-day search after he fled the scene of a crash involving two cars and two motorcycles that killed a Malaysian tourist and seriously injured another motorcyclist.

The accused was charged with manslaughter, negligent driving causing grievous bodily harm, dangerous driving causing grievous bodily harm, and negligent driving causing death.

A month before this, a 23-year-old man arrived at Canberra Hospital with injuries and was arrested, remaining under police guard while he received treatment. He had allegedly fled a single-car crash that killed his passenger, also in his 20s, after hitting a tree in Cooma, NSW. Police were told the driver was seen running from the crash.

On 9 October 2022, best friends Susi Kopysiewicz, 14, and Claire Sankey, 15, were killed after the car in which they were passengers veered off the Monaro Highway, crashing into two trees. The 16-year-old learner driver and another 16-year-old boy in the car fled in an Uber.

The boys called the girls’ phones repeatedly after the crash but did not call for police or an ambulance. The girls’ bodies weren’t found until the next morning. An autopsy report showed they survived the crash but would likely have died even if they had received treatment earlier.

The teenage driver pleaded guilty to two counts of culpable driving causing death, one count of failing to render assistance and one count of driving unaccompanied as a learner driver.

In January 2018, former ACT opposition leader Bill Stefaniak’s son was killed after being thrown from the stolen BMW in which he was a passenger. Rather than check on his welfare, the driver, Angela Smith, and her then-partner, Kane Kell, fled. When police located the pair after a tip-off, Mr Kell told police Mr Stefaniak had been driving.

It was initially thought Mr Kell was the driver and he was charged with culpable driving occasioning death, failing to give assistance, driving while disqualified, driving an unregistered vehicle, driving uninsured and exceeding the speed limit by more than 30 kilometres per hour, but Ms Smith later admitted to being the driver. Ms Smith was charged with, and pleaded guilty to, culpable driving causing death, failing to give assistance, drug driving, driving without a seatbelt, unlicensed driving and driving and unregistered car.

What should they have done instead?

The critical error in all of these cases was that the driver fled the scene. With advances in technology and surveillance methods becoming more prevalent, it’s foolhardy for them to have thought they’d avoid being held to account. Drivers can be identified and located more often than not.

Other than the fact that fleeing a crash and leaving a victim unassisted can potentially result in their death where they might otherwise have survived, fleeing a crash without rendering assistance is a criminal offence.

If you are the driver of a vehicle (or the rider of an animal) and involved in a crash which results in death or injury, you have an obligation to stop and render assistance. Failure to do so carries a maximum penalty of a $32,000.00 fine and/or 2 years imprisonment, or both.

Five critical steps to follow if you’re involved in a crash that causes injury or death

Step 1: Stop

Step 2: Once you’ve determined whether someone is injured or has died, call for an ambulance and for police to attend.

Step 3: Remember this legal advice: do not admit liability, and avoid speaking to anyone about the incident, including emergency services and others present at the scene. Provide police with your personal details but do not speak to them about the incident. It is a police officer’s job to conduct an investigation, and they will lay charges based on their analysis of the incident and any witness evidence.

You, on the other hand, have a right to silence. You do not have an obligation to answer any other questions from police. If you answer questions, even those that appear harmless, you may compromise your position later if you are criminally charged. It is important that you obtain legal advice before answering any further questions or providing any version of events to police.

Step 4: Identify any witnesses and record their contact details, if possible.

Step 5: Take photos on your phone. Even if no one is injured you have an obligation to exchange details with the driver of any other vehicle involved in the crash, including names, addresses and vehicle registration numbers. Again, you should avoid admitting liability, entering negotiations about payment, or otherwise discussing the incident. You also have an obligation to report the incident to the police within 24 hours, which can be done via an online report form. We recommend that you get legal advice before you do this.

If you need assistance

Given how quickly a car crash can occur and how little time you have to act on it, it is important you seek legal advice immediately. At CODA Criminal Law, we are specialists in our field, and are professional, experienced and compassionate. We can guide you through the process, both for criminal charges and any civil dispute that might emerge in relation to insurance, and provide you with the support you need. If you find yourself in this position, contact us on 6279 4288 or at info@codalaw.com.au.