Losing demerit points due to driver distraction can put you at risk of losing your drivers licence. Here are your options.

Driver distraction is a major contributor to deaths and serious injury on SA roads. In an Australian Road Safety Foundation survey, a whopping 79 per cent of Australian motorists admitted to general risky behaviour. SA police figures show that between 2015 and 2019 43 per cent of fatalities and 48 per cent of serious injuries were attributed to distraction. So far, 24 lives have been lost on SA roads in 2020 (08 Aug) due to driver distraction.

Some of the traffic offences which can result from driver distraction include:

Despite the obvious dangers, a third of SA drivers surveyed admitted to regularly using their mobile phones in the illegal hand-held mode. SA drivers caught using a mobile phone while their vehicle is
either moving or stationary in traffic (for example, waiting at traffic lights) will be issued with a $544 fine, as well as a loss of 3 demerit points.

Drivers in receipt of a traffic infringement notice may wish to challenge their fine. Your options are either to defend the matter if your lawyer can identify a defence, or you can apply for a reduction of the demerit points if your offending was trifling in nature, or other proper cause exists relating to your driving behaviour.

Either way, it is important not to pay the fine, for even if you are guilty, once your fine is paid you will automatically lose the demerit points that we could otherwise have reduced to avoid a Notice of Disqualification issued by the Department of Transport and Infrastructure.

At your earliest opportunity, contact a Scammell & Co. traffic offence lawyer to discuss your options.

For further information about our traffic and driving offence services please click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Your entitlement to claim for assistance as a result of injuries sustained in a motor vehicle accident explained

PART 3. Motor Vehicle Accident Claims:

 

Involved in a motor vehicle accident which was not your fault? You may be able to claim for the assistance you receive because of your injuries

Sometimes after a motor vehicle accident a family member or friend will provide assistance to an injured person who can no longer attend to various tasks due to the injuries suffered. This might include assistance such as cleaning, washing, gardening, shopping or transportation to doctors and physiotherapists etc. That is, this assistance is given because the injured person can no longer perform these tasks, due to the injuries sustained.

In law, this assistance is known as “voluntary services” and if certain criteria are met, damages (compensation) can be claimed up to the date of settlement. This is known as “past voluntary services” which is payable to the injured person.

Damages are not awarded unless the voluntary services are provided by a parent, spouse, domestic partner or child of the injured person. The amount that is payable cannot exceed the equivalent to four times State Average Weekly Earnings. However, a Court may make an award in excess of this sum, if the services are reasonably required by the injured person and, if not so provided, the injured person would have had to engage another person and pay for those services.

In my previous article, I referred to claims for pain and suffering and in particular the significant changes that were made to the law in 2013. In particular, I referred to the necessity of having to reach a threshold of Injury Scale Value of 11 or more before damages are payable by the insurer for pain and suffering.

That same legislation added further criteria for claims for past voluntary services.

An injured person will not be able to make a claim for past voluntary services unless:

This law also limited the hourly rate that can be used in calculating past services. The hourly rate must not exceed the rate prescribed by the Regulations. At the time that the law was enacted, the rate was $25.00 per hour.

If the injuries appear to be serious enough to require this assistance, we often recommend that a diary be kept to record the services provided, by whom and the time spent in relation to those services so that there is contemporaneous evidence that is required to make such a claim.

Future Domestic Assistance

In some cases, an injured person will be left with a permanent disability which may impact on various parts of their life including their ability to perform activities of daily living. This might include difficulties with cleaning, washing, gardening and maintenance tasks in and around the home. In some cases, an Activities of Daily Living assessment report can be obtained from an occupational therapist. This will identify the services that are likely to be needed in the future as well as equipment needed.

There is no threshold and the hourly rate for those services is not limited but instead is at normal commercial rates.

When considering making these claims, it is vital to gather supportive evidence as early as possible.

Accordingly, getting advice early is very important. If you have been injured in a motor vehicle accident, it is important you seek prompt advice so that proper steps can be taken to gather the required evidence. At Scammell & Co, we have extensive experience in making these claims on behalf of our clients.

Click here for further information about our Motor Vehicle Accident claim services.

Contact us for your FREE initial consultation. No win - No fee arrangements available.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Having a valid and up-to-date Will in place provides peace of mind

There is nothing like the threat of a coronavirus to give people pause to consider the importance of having a valid and up-to-date Will in place.

A Will is a legal document that sets out your final wishes. In accordance with the Wills Act 1936 (SA) a valid Will is one that meets specific technical requirements. These include the Will being in written format, signed by the testator (the person making the Will) in the presence of two independent witnesses (18+ years of age) who are present at the same time. The signatures of the witnesses must be made in the presence of the testator. Given current government-enforced social distancing rules, executing a Will correctly is easier said than done. However, there are solutions to this dilemma and our Wills and Estates team can help to ensure your Will is valid. A Will should also be drafted and signed by someone of sound mind, memory and understanding - without any undue influence.

A Will should reflect your current wishes and circumstances. As a guide you should review your Will every few years. Changes to your circumstances can include events such as marriage, separation or divorce; you may have become a parent or grandparent; bought or sold assets; retired or lost a loved one. A Scammell & Co. Wills and Estates lawyer can advise on the most appropriate Will structure which considers your asset pool, the best interests of you and your beneficiaries and tax liabilities or potential tax savings.

You should also consider having a Power of Attorney and an Advance Care Directive in place in the event you are mentally incapacitated. These documents allow people you know and trust to make decisions about your medical treatment, wellbeing and financial affairs if you can no longer make such decisions for yourself.

For further information please refer to our comprehensive Wills & Estates section.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.