Negligent Driving Occasioning Death Offences & Defences in NSW

Sahar Adatia and Jimmy Singh.


A five-year-old girl has died while her mother is in a critical condition in hospital after being struck by a vehicle while walking in Sydney’s west.

According to reports from NSW Police, around 7:20pm on Wednesday 17 March 2021, the young girl and her mother were walking on a pedestrian crossing in Rooty Hill Rd North in Plumpton when a Toyota Tarago struck them down.

The pair were rushed to Westmead Hospital by NSW Ambulance paramedics, however, the child, who had just turned five last month, died not long after arriving.

Her mother, identified as Taylor Maddock, remains in a serious but stable condition.

The 37-year-old woman suffered injuries to her legs, spine and pelvis.

The male driver of the Toyota was also transported to Westmead Hospital for examination.

He was not injured in the crash but treated for shock.

“The 64-year-old male driver was taken to Westmead Hospital for mandatory testing. He is currently assisting police with inquiries,” NSW Police said in a statement.

Meanwhile, officers from Mount Druitt Police Area Command established a crime scene at the place of the incident with inquiries continuing into the circumstances of the crash.


Little Girl’s Family Say Their “Hearts Are Breaking” Over Losing Loved One Who Hoped to be a Zoo Keeper When She Grew Up

The following day, Ms Maddock underwent surgery for her injuries, all while her family visited the site of the crash to create a memorial of flowers, toys and balloons in honour of the young girl.

“Our hearts are breaking tonight,” the girl’s great grandmother, Nola Meredith, expressed online.

“Sadly, our baby girl has gone with the angels.”

The little girl was only in her first term of primary school.

It was understood she dreams of becoming a zoo keeper when she grew up.

Meanwhile, witnesses who spoke to 9News have told of the distressing moments that followed the crash.

They said they heard the mother calling out for her child, who was unresponsive.

Onlookers then gathered umbrellas and jackets to comfort the mother while they waited with her for the ambulance to arrive.

Residents of the area also commented that the visibility in the area was poor given the downpour at the time.

“It was raining really hard,” witness Melissa Reyes said.

Ms Reyes also expressed concerns around safety at the intersection where the accident took place.

“This road is in a really bad position for the pedestrian,” Ms Reyes said.

Another member of the neighbourhood advocated a set of lights be installed at the intersection.

Chief Inspector Sean Gabin has said the collision was “absolutely tragic”.


NSW Centre for Road Safety: 66 Lives Lost in 2021 Already Due to Road Crash Incidents

It’s a worrying figure – according to the NSW Centre for Road Safety, 66 people have already lost their lives in 20201 on the state’s roads as a result of road crash incidents.

Even more disturbing is research from the body that reveals that each year, over 1,500 pedestrians are hit on NSW roads.

In fact, from 2007 to 2011, it was found that one in seven people who died on the road happened to be a pedestrian, while it was also determined that a person struck by a vehicle travelling at 50km/h has double the chance of dying as one struck by a vehicle travelling at 40km/h.

As drivers, we have a tendency to overlook that our roads are also designed to be shared with people who choose to walk rather than travel in a car, truck, motorbike or bicycle.

As such, it is the responsibility of a driver to share the road fairly with all pedestrians – which means obeying special markings on the roads that demarcate specific pedestrian access, knowing where to slow down, and being aware that there are times when you must slow down and give way.

In particular, in NSW, drivers must give way to any pedestrian on a pedestrian crossing, and drive at a speed at which the driver can stop safely before the crossing, which are regulations set out in rule 81 of the Road Rules 2014 (NSW).

To give way here means the driver must slow down, and if necessary, stop to avoid collision.

In NSW, the penalties for a breach of this road rule is a $464 on-the-spot fine and three demerit points.

However, if the matter is dealt with in court, the maximum penalty a person can face for the offence is a fine of $2,200.

Negligent Driving Occasioning Death Offences & Defences in NSW

Negligent driving occasioning death in NSW carries up to 18-months imprisonment or $3,300 fine, or both according to section 117 of the Road Transport Act (NSW). In addition, it carries a 3-year driver licence disqualification period which the court may reduce to one year.

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