Failing to Stop After an Accident in NSW

Charged with failing to stop after an accident? This offence applies when you are involved in a motor vehicle accident and fail to stop and provide your details to the other parties involved or to police. The penalties range from fines to imprisonment depending on the circumstances, and automatic licence disqualification applies for more serious cases.

At Barsha Defence Lawyers, we defend failing to stop charges across Greater Sydney courts including Parramatta, Blacktown, Penrith, and Windsor. These matters often involve complex factual disputes about whether you knew an accident occurred, whether you were actually involved, and whether you stopped as required. This guide explains the law, penalties, and your options.

The Offences: What Is Failing to Stop?

There are several failing to stop offences under the Road Transport Act 2013 (NSW), with different penalties depending on the circumstances:

1. Failing to Stop After Impact Causing Injury or Death (Section 53A)

If you are involved in an accident that causes injury or death to another person and fail to stop, this is the most serious offence. Maximum penalty: $5,500 fine and/or 18 months imprisonment, plus automatic disqualification.

2. Failing to Stop After Property Damage Accident (Section 53)

If you are involved in an accident that causes property damage (to another vehicle, fence, building, etc.) and fail to stop, maximum penalty: $3,300 fine and/or 12 months imprisonment, plus automatic disqualification.

3. Failing to Stop and Give Particulars (Section 49)

If you are involved in any accident and fail to stop and provide your details (name, address, vehicle registration) to the other party or police, maximum penalty: $2,200 fine.

Maximum Penalties

What the Prosecution Must Prove

For a failing to stop charge, the prosecution must prove beyond reasonable doubt:

• You were driving a vehicle involved in an accident
• The accident caused injury, death, or property damage (depending on the charge)
• You knew, or ought reasonably to have known, that the accident occurred
• You failed to stop and remain at the scene
• You failed to provide your details (name, address, registration) to the other party or police

The critical element is often whether you knew or should have known that an accident occurred. If the impact was minor and you genuinely did not realise it happened, this may provide a defence.

What Constitutes an "Accident"?

An accident includes:

• Collisions between two or more vehicles
• Hitting a parked vehicle
• Hitting a pedestrian, cyclist, or motorcyclist
• Hitting roadside property (fences, mailboxes, buildings)
• Hitting an animal (in some circumstances)

The accident does not need to be your fault for the failing to stop offence to apply. Even if the other driver caused the accident, you still have a legal obligation to stop and provide your details.

What Are You Required to Do After an Accident?

If you are involved in an accident in NSW, you must:

• Stop your vehicle immediately and remain at the scene
• Provide your name, address, and vehicle registration to the other party
• If someone is injured, render reasonable assistance (call an ambulance, provide first aid if safe to do so)
• If the other party is not present (e.g. you hit a parked car), you must make reasonable efforts to locate the owner or report the accident to police within 24 hours
• If police attend, provide your details to police and cooperate with their investigation

Failure to comply with any of these obligations can result in criminal charges.

Defences to Failing to Stop

Before deciding how to plead, always have the evidence reviewed by a lawyer. Our approach to contesting charges is explained on our website.

You Did Not Know an Accident Occurred

If the impact was so minor that you genuinely did not realise it happened, you may have a defence. The prosecution must prove you knew or ought reasonably to have known an accident occurred. Evidence such as dashcam footage, witness accounts, or the minimal nature of damage can support this defence.

You Were Not Involved in the Accident

If you were not the driver or were not involved in the accident at all, you cannot be guilty of failing to stop. Mistaken identification is a genuine defence in appropriate cases.

You Stopped and Provided Details

If you did stop at the scene and provided your details to the other party, the offence is not made out. Witness evidence or phone records showing you exchanged details can establish this defence.

You Reported the Accident to Police

If you were unable to locate the other party (e.g. you hit a parked car and the owner was not present), but you reported the accident to police within 24 hours, you have complied with your legal obligations.

Medical Emergency or Duress

In very limited circumstances, if you had a medical emergency or were under duress that prevented you from stopping, this may provide a defence. Evidence will be required.

Aggravating Factors

Courts treat failing to stop more seriously where:

• The accident caused serious injury or death
• You were at fault for the accident
• You were committing other offences (drink driving, driving whilst disqualified)
• You deliberately left the scene to avoid detection
• The other party was vulnerable (pedestrian, cyclist, elderly person)
• You failed to render assistance to an injured person

Sentencing Considerations

If pleading guilty or found guilty, sentencing depends on:

• The seriousness of the accident and the consequences
• Whether anyone was injured and the extent of injuries
• Whether you were at fault for the accident
• Why you failed to stop
• Whether you later reported the accident or came forward
• Your traffic and criminal history
• Your level of remorse and cooperation
• Your personal circumstances
• The strength of your character evidence

For accidents involving injury, imprisonment is a realistic possibility. For property damage only, particularly first offences, a fine or Community Correction Order is more common.

Can You Avoid a Conviction?

A Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 — where the court finds you guilty but records no conviction — is achievable for less serious failing to stop matters, particularly where:

• The impact was very minor and you genuinely did not realise it occurred
• You later reported the accident or came forward voluntarily
• No one was injured and property damage was minimal
• You have a clean driving record and strong character evidence

What Barsha Defence Lawyers Will Do

When you retain us on a failing to stop matter:

• Obtain the full police brief including witness statements, photos, dashcam footage
• Review the evidence to assess whether you knew or should have known an accident occurred
• Advise on prospects of defending the charge or achieving a Section 10 dismissal
• Prepare comprehensive sentencing materials including character references and evidence of remorse
• Appear in Parramatta, Blacktown, Penrith, Windsor, and all NSW courts

Frequently Asked Questions

What if I didn't realise I hit another car?

If the impact was so minor that you genuinely did not know it happened, you may have a defence. The prosecution must prove you knew or ought reasonably to have known an accident occurred. Evidence such as the minimal nature of damage or dashcam footage can support this defence.

What if I came back to the scene later?

Returning to the scene after initially leaving can be a strong mitigating factor at sentencing and demonstrates remorse. However, it does not provide a complete defence to the charge.

Will I lose my licence?

For failing to stop after an accident causing injury or property damage, automatic disqualification applies (minimum 6-12 months depending on the offence). For failing to give particulars only, there is no automatic disqualification.

What if the other driver was at fault?

Even if the other driver caused the accident, you still have a legal obligation to stop and provide your details. Fault for the accident is not a defence to failing to stop, but it can be a mitigating factor at sentencing.

Can I get a Section 10 for failing to stop?

Yes, Section 10 dismissals are achievable for less serious cases, particularly where the impact was minor, no one was injured, and you have a clean record. Your prospects depend on the specific circumstances.

Related Traffic Offences

• Dangerous Driving
• Negligent Driving
• Drink Driving
• Police Pursuit

The information on this page is general and does not constitute legal advice. Every failing to stop matter is different. Contact Barsha Defence Lawyers for advice tailored to your situation. Liability limited by a scheme approved under Professional Standards Legislation.