SA Car Accident - Losing Drivers Licence a Possible Penalty?

[Mrb]

Hello, my partner was in a car accident the other day. She was going the speed limit down the road on her way to work and was blinded by sun glare. As a result, she crashed into a car that had a caravan attached.

Apparently the other car was parked illegally. Half on and half off the road. She crashed into the back on the caravan that was attached to the car at 50 km/h. The police came to the scene, they breath tested her and it came back negative.

Does she have any legal leg to stand on in court? Is there a high possibility she'll lose her drivers licence? She is a P-plater, but has no previous history of careless driving and/or speeding.

 

[Sophea]

Hi @Mrb,

Generally unless you were doing something that would constitute reckless or careless driving you will not incur any traffic infringements which would result in a loss of license.

Coping glare in the eyes is something that we don't have too much control over, so provided she didn't speed up or continue at 80km /h not being able to see I don't think there's much they could pin her for -- based on what you have told us.

Generally any legal proceedings surrounding an MVA are concerned with who is at fault in order to determine who or whose insurer is liable to pay for any damage to the vehicles or injuries to people involved. In this case it may be a case of partial fault of both parties, its difficult to say without all the facts.

But if it was just a case of glare in the eyes, I wouldn't be concerned about loss of drivers licence.