Attwood Marshall Lawyers Legal Practice Director Jeff Garrett discusses the importance of National Road Safety Week and why greater awareness around the dangers of driving when distracted or fatigued will make our roads safer.
As part of National Road Safety Week, we must acknowledge fatigue and digital distractions as two of our roads’ most serious yet overlooked dangers. While speeding and driving under the influence of alcohol remain major contributors to road accidents, sleep deprivation and inattention caused by smart phones now play a significant role in road collisions that lead to catastrophic injuries and fatalities, many of which are preventable.
Fatigue contributes to about 20 to 30 per cent of all car crashes in Australia, according to the Australian Automobile Association.
Shift workers such as nurses, tradies and even early-morning trainers like those in the equine industry can testify to how a shifted circadian rhythm can lead to brain fog and reduced concentration.
Fatigue is four times more likely to contribute to impairment than drugs or alcohol, and its effects include poor reaction time, shorter attention span, memory lapses and impaired judgment. The AAA says that after 17-19 hours without sleep, driver performance is equivalent to, or worse than, a blood alcohol concentration level of 0.05 per cent.
More recently, “distracted driving” has emerged as a similarly dangerous threat to the safety of our roads. Queensland’s Department of Transport and Main Roads reports that an average of 29 fatalities and 1,284 severe injuries occur annually due to driver distraction, accounting for 21 per cent of injuries and 10 per cent of fatalities in 2021.
Despite the alarming statistics, drivers who wouldn’t dream of getting behind the wheel after a few drinks often think nothing of behaviours like using mobile phones, adjusting music, or checking navigation apps, to name a few. In fact, 70 per cent of Queenslanders admit to using their mobile phones illegally while driving. This is despite increased penalties and the introduction of detection cameras.
While many drivers believe they can multitask, psychological studies show that most of us cannot perform multiple attention-heavy tasks simultaneously. Overestimating one’s cognitive abilities while driving can have severe repercussions.
As the population grows and congestion worsens, people spend more time stuck in traffic congestion, often frustrated, impatient and increasingly tempted to turn to their phones for entertainment. Watching videos, scrolling social media or texting may feel harmless at a standstill, but these habits can quickly become dangerous distractions once traffic starts moving.
Road conditions can change in an instant, and a momentary lapse in attention can have devastating consequences. It’s more important than ever for Australian drivers to understand their duty of care.
A motor vehicle is not just a mode of transport; it’s a potential lethal weapon. When you are behind the wheel, you are responsible for anticipating and avoiding harm to yourself and every other road user.
The plan to combat unsafe road behaviour
National Road Safety Week (11-18 May 2025) reminds us that each year about 1,300 Australians are killed and another 40,000 seriously injured on our roads.
In 2025, the theme is “Pledge to drive so others survive.” This involves making a firm commitment to:
- Drive as if your loved ones are on the road ahead;
- Remove all distractions and never use your mobile phone while driving;
- Not put other people at risk by speeding, driving tired, or driving while under the influence of alcohol or drugs; and
- Protect vulnerable road users – especially those whose job places them in harm’s way – by slowing down and giving them the space they need to be safe.
We all play a vital role in maintaining a safe driving environment and preventing the many senseless deaths and catastrophic injuries caused by motor vehicle accidents on Australian roads every day. By following these tips, we can help make our roads safer.
Governments at all levels have recognised the need for coordinated action.
As part of the National Road Safety Strategy 2021-30, the government has set a target to reduce the annual number of fatalities by 50 per cent by 2030 and to reduce the annual number of serious injuries by 30 per cent.
Infrastructure planning and investment form key parts of the strategy.
The 2025-26 Federal Budget announced a $17.1 billion investment for new and existing road and rail projects over ten years.
The government’s focus on the resilience, safety and productivity of the country’s transport network was welcomed by peak body Roads Australia.
Meanwhile, QUT researchers have called for clearer public messaging on the full range of distracted driving risks, noting that current campaigns focus heavily on mobile phone use while overlooking other common distractions like in-car technology, pets, eating, roadside billboards, and driver assistance systems. They also argue that official crash data underreports these factors, limiting the impact of safety initiatives.
Recent cases (mobile phone use)
In Blenner’s Transport Qld Pty Ltd & Anor v Dowling [2021] QDC 249, the District Court of Queensland considered whether a truck driver who used his mobile phone while driving on the Bruce Highway and subsequently rolled a fully-laden B-Double vehicle was liable for negligence.
The driver received an incoming call but was unable to connect via his Bluetooth earpiece. Cabin footage showed him briefly glancing between the road and his phone for a few seconds while holding the phone in one hand and swiping the screen. His other hand remained on the steering wheel.
He was travelling at 97 km/hr, and the truck veered to the left of the road surface. He could not get the truck back onto the road, continuing off the side of the road and rolling before coming to rest. The truck was severely damaged, and the cost of repairs was $508,633.25. The stock on board was destroyed to the cost over $36,000.
The court found the driver’s mobile phone use was illegal and ordered him to pay over $545,000 in damages to the transport company. The judge held that the driver failed to pay due care and attention, lost control of the truck, and caused it to crash. The judge did not accept that any other factor, other than the driver’s neglect, default or misconduct by using the mobile phone, caused or contributed to the crash.
In another case, which occurred in Tasmania in March 2022, Mr Jarman was using “Snapchat” while driving when he veered onto the wrong side of the road, causing a head-on collision and fatally injuring the front seat passenger of another vehicle.
The coroner concluded that the crash was solely due to Mr Jarman’s negligent driving caused by mobile phone distraction. Mr Jarman pleaded guilty to causing death by negligent driving. He received a suspended four-month jail term and a 14-month driving disqualification.
Further, a rideshare driver Mr Kokotatsios was reportedly using his mobile phone while driving when he struck and fatally injured a promising young lawyer in Tamarama, New South Wales.
Mr Kokotatsios did not stop to assist and was later charged with multiple offences, including dangerous driving occasioning death.
There can be no denying that distractions are one of the leading causes of road accidents. Therefore, drivers must be willing to accept and follow the laws that keep everyone safe, to pay attention to the road and remove distractions while driving. The consequences otherwise are disastrous. Smart drivers keep their eyes on the road, not on the phone.
Have you been injured through the fault of another driver?
If you have suffered injuries in a road collision due to the fault of another motorist, then you may be eligible to claim compensation for your injuries.
Compensation can cover medical and hospital expenses, out of pocket expenses, loss of income, pain and suffering, domestic assistance (paid and unpaid), and rehabilitation services for physical and psychological injuries.
How long would a compensation claim take?
The duration of a personal injury claim is usually 12 – 18 months however this will depend upon the injured person’s individual circumstances and complexities of each claim.
Resolving a claim will usually occur after the injured person’s injuries have become stable and stationary so that they can be assessed, and the impact of the accident upon the injured person is more readily known.
Strict time limits apply
Queensland
For identified vehicles, service of a Notice of Accident Claim Form is required within nine months after the accident date; or within one month after a claimant first consults a lawyer about the possibility of making a claim (whichever is the earlier). If the police did not attend the accident, they must be informed within 28 days.
The claim form can still be lodged at any time after nine months, although a reasonable excuse for delay will be required (which is usually not an issue). The claim must then be commenced in court (or otherwise time limit protected) within three years of the date of injury or the claim will be statute-barred (extinguished) and you may be permanently unable to claim.
For claims where the at-fault vehicle was unidentified, unregistered or uninsured, a Notice of Accident Claim Form should be given to the Nominal Defendant within three months of the date of accident or a reasonable excuse for delay will be required. A compliant claim form must be served on the Nominal Defendant within nine months from the accident date or the claim will be statute-barred and you will be permanently unable to claim compensation.
New South Wales
You have three months from the date of accident to complete and serve a claim form in NSW.
However, to receive full backdated weekly wages, you need to serve a claim form within 28 days of the accident. You are also required to notify the police within 28 days. A three-year time limit also applies for Common Law Damages Claims.
Victoria
Generally, the time limit for lodging a claim with the Transport Accident Commission (TAC) is 12 months from the date of the accident. However, the TAC will consider claims lodged outside the 12-month period within a further two years. Common law claims must be filed within six years of the date of accident.
Different time limits apply to children and persons under a legal incapacity. The earlier you obtain legal advice about your potential entitlement to a claim, the better.
Attwood Marshall Lawyers – helping injured motorists for over 75 years
We’re here to guide you through the road collision claims process and ensure you receive the best possible outcome for your situation.
Our expert team of personal injury lawyers have the state-specific knowledge and experience to help anyone who has suffered serious injuries on Queensland, New South Wales and Victorian roads.
If you have been involved in a motor vehicle accident and need advice and support to obtain the treatment you need, contact our friendly team by calling our Compensation Law Department Manager, Tyra Hall, on direct line 07 5506 8261, emailing thall@attwoodmarshall.com.au, or free call our 24/7 phone line on 1800 621 071.
