Can I be fined for not stopping after witnessing a crash?

Car rear-ends another car.

Chances are you already know to stop if you’re involved in a car crash. But what happens if you’re just a witness to one? Are you legally required to pull over?

The scenario

You’ve just seen a car T-bone another. You’re travelling a few metres away and witness the entire crash. Shaken, you don’t know whether you’re supposed to stop to check if everyone’s okay.

In this instance, your moral and legal obligations are very different. While you should stop if it’s safe to do so, it’s not legally required. That said, if you’re involved in the crash in any way, you must stop your vehicle. This is where you can, in fact, be fined for not stopping, and the penalties are hefty.

The Australian Road Rules state a motorist can be fined up to $2500 if they’re involved in a crash and fail to stop. When someone is injured or killed in a road crash, a motorist can face up to five years imprisonment, and sometimes an on-the-spot licence disqualification, if they don’t stop at the scene of the crash.

So, what should you do if you witness a serious crash?

While you won’t be fined for not stopping if you witness a crash (serious or not), it’s advised you stop in a safe place if possible to see if you can assist anyone involved in the crash.

RAA Senior Manager for Safety and Infrastructure Charles Mountain says a motorist should only pull over if it’s safe to do so and they’re confident they can help if required.

“If you see a crash or are the first to arrive at the scene, your quick-thinking and action can save lives,” Charles says.

3 steps to follow if you witness a crash

You’ve stopped; now what? Keep calm and follow these simple steps.

1.  Stop

Find a safe place on the side of the road to stop, turn off your engine and put your hazard lights on.

“Park a few metres from the crash site to avoid broken glass, active fires, or spilled fuels on the road,” Charles says.

2. Report

Call emergency services immediately on 000, unless this has already been done by other witnesses.

3. Help

If it’s safe to approach the crash site, check on the health of the cars’ occupants and provide help where you can. Avoid moving them if you can in case their injuries worsen. If there’s an active fire or other high-risk danger, wait for emergency services.

“Witnessing a car crash, serious or not, can be a traumatic experience but knowing what actions to take can make you a valuable asset to everyone involved,” Charles says.

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