Police charged our client with Careless Driving following a road accident that caused no injury to any person but which otherwise resulted in a major traffic inconvenience.
We acted on the client’s behalf at the Melbourne Magistrates’ Court.
Our client was a truck driver. The incident occurred as he was driving through a tight bend and his truck lost balance spilling the cargo onto the road.
For this case, the magistrate indicated that our client will be sentenced to a Good Behaviour Bond with no order against his licence if he were to plead guilty. Our client instructed us to proceed according to this arrangement.
We investigated the circumstances surrounding the incident and discovered that it was likely caused by an existing structural damage. Earlier on the day of the accident before our client started his shift, he had noticed a crack in the base of the truck’s trailer and took photos of it then notified the management, which had then given him the all-clear to continue with his delivery.
Given this information, we contacted forensic engineers to find out if such structural damage could affect the truck’s stability once it makes a turn. We were ultimately able to establish that the accident was not solely due to our client’s manner of operating the truck.
No order against our client’s licence was imposed. This was crucial especially given the nature of our client’s job.