It’s a scenario familiar to many Brisbane drivers a car weaves aggressively between lanes on the M1 during peak hour, or another speeds through a red light in the heart of the CBD. These moments are more than just frustrating they are incredibly dangerous. When this type of behaviour leads to an accident, the consequences can be devastating for innocent victims.

In Queensland, “dangerous driving” is not just a label for bad road manners; it’s a serious legal offence. It describes actions that go far beyond a simple mistake, creating a substantial and unjustifiable risk to the public. This can include excessive speeding, street racing, or driving under the influence of alcohol or drugs. If you’ve been injured by a driver exhibiting such recklessness, you need more than just an insurance claim you need to understand your legal rights with the help of a motor accident lawyers in Brisbane.

This article will guide you through your rights and the essential steps to take if you are injured by a dangerous driver. We will explore what legally constitutes dangerous driving in Queensland, the immediate actions you should take after an accident, the crucial role of a lawyer in securing your compensation, and what you can claim.

What is Dangerous Driving in Queensland?

Under Queensland’s Criminal Code, the offence is formally known as “dangerous operation of a vehicle.” This is a more severe charge than other driving offences and carries significant penalties. It’s important to understand the difference between the various levels of driving offences.

• Careless Driving: Often described as a momentary lapse in attention. An example might be a driver who briefly looks away from the road and causes a minor rear-end collision. While still an offence, it doesn’t typically involve the same level of wilful recklessness as dangerous driving.
• Dangerous Driving: The law considers driving to be dangerous if the way the vehicle is operated is, in all the circumstances, dangerous to the public. The driving must fall far below the standard expected of a competent and reasonable driver and pose a real risk of injury or death. Clear examples in Brisbane could include weaving between lanes at high speed on the Gateway Bridge, aggressively tailgating on Coronation Drive, or speeding through a school zone in a suburb like Paddington.

Certain factors, known as aggravating circumstances, can make a dangerous driving charge even more severe. These include being under the influence of alcohol or drugs, engaging in street racing, or driving at excessively high speeds. When these elements are present, the driver faces harsher penalties, and it significantly strengthens the case for negligence in a compensation claim.

Immediate Steps After an Accident with a Dangerous Driver

The moments following an accident are chaotic and stressful, but the actions you take can be critical for both your safety and your future legal claim. Here is a step-by-step guide.

1. Ensure Your Safety

Your first priority is your health. If you are able, move your vehicle to a safe location off the road. Check yourself and your passengers for injuries. Call 000 immediately to request both police and an ambulance, even if injuries seem minor at first. In cases involving suspected dangerous driving, a police presence is essential to document the scene and the other driver’s behaviour.

2. Gather Critical Evidence

Evidence collected at the scene is invaluable for proving your claim.

• Note the Driver’s Behaviour: Pay close attention to the other driver. Did they seem intoxicated, agitated, or overly reckless? Make a mental or written note of their words and actions.
• Take Photos and Videos: Use your phone to document everything. Take wide shots of the entire scene, close-ups of the vehicle damage, photos of road conditions, skid marks, and any relevant road signs. Dashcam footage is particularly powerful evidence in a dangerous driving accident.
• Collect Witness Details: If there are any independent witnesses, ask for their names and contact numbers. Their testimony can provide an unbiased account of the events and support your version of what happened.

3. Report to the Police

When the police arrive, provide them with a clear and detailed statement. Describe exactly what happened and why you believe the other driver’s actions were dangerous. Be specific about their speed, erratic movements, or any other reckless behaviour you witnessed. A thorough police report that notes the dangerous nature of the driving can be a cornerstone of your compensation claim.

Why You Need a Motor Accident Lawyer

When an accident is caused by dangerous driving, the situation becomes more complex than a standard insurance claim. The at-fault driver may face criminal charges, which can run parallel to your civil claim for compensation. Navigating this dual process requires specialised legal expertise. A specialist motor accident lawyer in Brisbane is equipped to handle these complexities and advocate for your rights.

The role of your lawyer includes:

• Liaising with Police: Your lawyer will obtain the official police report, witness statements, and details of any charges laid against the at-fault driver. This information is crucial for establishing negligence.
• Building a Stronger Claim: Evidence of a dangerous driving charge powerfully demonstrates the other party’s fault. Your lawyer will use this to construct a robust compensation claim that reflects the severity of the incident.
• Managing the Insurer: The at-fault driver’s Compulsory Third Party (CTP) insurer will handle the claim. Their goal is often to minimise payouts. Your lawyer will manage all communications with the insurer, countering any attempts to downplay the driver’s recklessness or undervalue your injuries.

For example, we recently represented a client who was hit by a driver engaged in street racing. The CTP insurer initially disputed the full value of the claim. However, by leveraging the police charge of dangerous driving, we successfully demonstrated the extreme negligence involved and secured our client’s full compensation for their serious injuries, ongoing medical needs, and significant loss of income.

What Compensation Can You Claim?

If you have been injured in a dangerous drivingaccident, you may be entitled to claim compensation for the impact it has had on your life. A CTP claim can cover several areas:

• General Damages: This is compensation for your pain and suffering and the loss of enjoyment of life resulting from your injuries.
• Medical Expenses: You can claim for all past and future medical-related costs, including hospital stays, surgeries, physiotherapy, medication, and psychological treatment.
• Loss of Income: This covers the wages you have lost while unable to work, as well as any reduction in your future earning capacity if your injuries prevent you from returning to your previous role.
• Care and Assistance: If you require help with daily tasks like personal care, cleaning, or cooking, you can claim compensation for this support, whether it is provided by a paid professional or a family member or friend.

The evidence of dangerous driving strengthens the argument for significant negligence, which is a crucial factor in the success and value of your compensation claim.

Your Focus Is Recovery, Let Us Handle the Rest

Knowing what constitutes dangerous driving, acting decisively after an accident, and engaging a specialist lawyer are the keys to protecting your rights. Victims of another driver’s recklessness have a clear legal path to claiming compensation for their injuries and losses.

After such a traumatic event, your focus should be on your recovery. Let an expert handle the legal fight for you. If you’ve been injured by a dangerous driver in Brisbane, contact us for a free, confidential consultation to understand your rights and how we can help secure the compensation you deserve.