Fatal Traffic Accidents: Are Drivers Always Punished?

Last updated on January 22, 2021

victim bleeding at traffic accident scene

Thanks to the proliferation of in-car video cameras and websites such as Roads.SG sharing videos of misbehaving drivers, traffic accidents have captured the public’s attention in recent months. While motorists know that a police report has to be made and the insurance company has to be notified when a traffic accident occurs, most are unaware of what happens when a fatal traffic accident occurs.

This article seeks to shed some light on the current legislation punishing motorists for causing fatal traffic accidents.

Motorists responsible for a fatal traffic accident may be charged under one of the following:

  1. Causing death by reckless or dangerous driving, under section 64 of the Road Traffic Act; or
  2. Causing death by rash or negligent act, under section 304A(a) or (b) of the Penal Code.

Causing death by reckless or dangerous driving

Motorists responsible for the fatal traffic accident will be held liable under section 64 of the Road Traffic Act if they:

  • Drove a motor vehicle recklessly; or
  • Drove at a speed/in a manner which is dangerous to the public.

The court, in determining whether the motorist had driven recklessly or dangerously will consider factors such as:

  • Nature/condition/use of the road; and
  • Amount of traffic on the road at the time of the accident/reasonably expected to be so at the time.

What is driving recklessly?

A motorist will be deemed to have driven recklessly when he was conscious of the risk of an accident happening or that the risk was so obvious that the motorist, as a reasonable person, ought to have known that his driving in the particular manner would result in the death of a person.

An example of this would be when a motorist causes a fatal accident by beating the red light and crashing into a motorcyclist traveling from another direction. The risk of an accident occurring when the motorist continues to drive when the light is red is so obvious that the motorist should have known about it. By beating the red light and running the risk of crashing into oncoming motorists, he is deemed to have driven in a reckless manner.

Defences against the charge of reckless driving

In cases where the risk is so obvious that the motorist should have known of the risk, the motorist can raise a defence to his actions if he is able to prove that there are exceptional circumstances that caused him to drive in that particular manner which resulted in the death of another person. Such circumstances include:

  • Motorist acted under some understandable and excusable mistake;
  • Motorist’s capacity to appreciate risks were adversely affected by some condition not involving fault on his part; or
  • The motorist acted the way he did in a sudden dilemma created by action of others.

An example of this would be of a motorist having to swerve right urgently to avoid colliding with an oncoming vehicle and as a result of the evasive action, ends up colliding with another oncoming vehicle. In this case, the motorist may be said to have only acted the way he did in a sudden dilemma caused by others.

What is driving in a manner which is dangerous to the public?

Driving in a manner that is dangerous to the public could be driving against traffic or moving in and out of traffic or disregarding traffic light signals.

Punishment under section 64 of the Road Traffic Act

Motorists liable under just section 64 of the Road Traffic Act for causing death by dangerous driving are liable for 2 to 8 years’ jail for a first-time offence.

The motorist will also be disqualified for driving for at least 10 years unless the court has special reasons to order a shorter period of disqualification, or no disqualification at all.

For more information, refer to our article on the penalties for dangerous driving in Singapore.

Causing death by rash or negligent act: What is the difference?

A motorist will be deemed to have performed a rash act if he had driven conscious that mischievous and illegal consequences would follow but had done so with the hope that it will not happen.

For example, the motorist is aware that he needs to check for pedestrians and oncoming vehicles before turning into a traffic junction. However, he fails to check because he hopes that nothing untoward would happen. If an accident does happen, he might be found liable for his act.

Conversely, a motorist will be deemed to have performed a negligent act if he had driven, without being conscious that mischievous and illegal consequences would follow and without exercising caution in the particular manner he drove.

The difference between a rash or negligent act lies in the consciousness of the illegal consequence(s) that would follow performing the act. Put in another way, a motorist is said to have acted rashly when he is conscious of the risk of his act but still chose to act upon it. On the other hand, a motorist is said to be negligent if he is unaware of the risk but failed to exercise caution in his act.

Punishment under section 304A of the Penal Code

Motorist deemed liable under section 304A(a), causing death performing a rash act, may be punished with imprisonment for no longer than 5 years, or with a fine or with both.

Motorist deemed liable under section 304A(b), causing death performing a negligent act may be punished with imprisonment for no longer than 2 years, or with a fine or with both.

The court also has the power to disqualify the motorist from holding or obtaining a driving license for life or for a period the court considers it to be fair to do so.

Is the motorist still liable if the pedestrian contributed to the accident?

In cases where the pedestrians have contributed to the accident, the motorist can raise the defence of contributory negligence as a mitigating factor when the motorist is charged by the state. This would mean arguing that the motorist is less culpable and should consequently be given a lighter sentence.

The court will consider the alleged contributory negligence of the pedestrian with other mitigating factors to consider if the motorist’s culpability should be discounted proportionately with the extent of the pedestrian’s contributory negligence.

For cases where the motorist has been charged for causing death by a negligent act, the motorist can argue that the accident had occurred due to the negligence of the pedestrian (e.g. suddenly dashing onto the road) and any reasonable driver would not have been able to avoid the fatal accident.

If it can be shown that any reasonable driver will not be able to avoid the accident, the motorist may be acquitted from having caused death by driving negligently.

Although the penalties meted out to motorists for fatal traffic accidents may seem unfair, the rationale behind this is that motorists are in a position to cause harm with their vehicles, unlike pedestrians. As the motorist has been trained to handle a dangerous machine that can cause harm, the motorist will be held to a higher standard of care to prevent the occurrence of an accident.

The onus is thus always on the motorist to take due care and attention in the usage of the roads in Singapore.

Arrest and Investigation
  1. Singapore’s Extraterritorial Jurisdiction: What Does It Mean?
  2. Your Right to a Lawyer After Being Arrested in Singapore
  3. What to Do If Your Loved One is Under Police Investigation
  4. How to Write a Letter of Representation to AGC in Singapore
  5. What is Entrapment and is It Legal in Singapore?
  6. What Happens When You Voluntarily Surrender to the Police
  7. Juvenile Crime: What If Your Child is Arrested in Singapore?
  8. Tasers, Batons, Shields & Firearms: When Do the Police Use Them?
  9. Stopped by the Singapore Police For Spot Checks, Etc: What to Do
  10. What is the Appropriate Adult Scheme in Singapore?
  11. Police Investigation Process for Crimes in Singapore (4 Steps)
  12. Arrest Warrant Issued Against You in Singapore: What to Do
  13. Police Arrest Procedure in Singapore
  14. Arrestable and Non-Arrestable Offences in Singapore
  15. What Should You Do If You Witness a Crime in Singapore?
  16. Can the Public Make a Citizen's Arrest in Singapore?
  17. What to Do If You’re Being Investigated for a Criminal Offence in Singapore
  18. "Right to Remain Silent" to Singapore Police: Does It Exist?
  19. Police Custody in Singapore: What You Should Know
  20. Search Warrant: The Issuance and Execution of It in Singapore
  21. Penalties for Lying to the Authorities in Singapore
  22. Can You Say No to a Lie Detector Test in Singapore? And Other FAQs
  23. Surrender of Passport to the Police and How to Get It Back
  24. Extradition: What If I Flee After Committing Crime in Singapore
Bail
  1. The Essential Guide to Bail and Personal Bonds in Singapore
Prosecution
  1. What is Private Prosecution?
  2. Magistrate’s Complaints, Private Summons and Private Prosecutions in Singapore
  3. Prosecutorial Discretion in Singapore
  4. Composition Offers and Fines for Criminal Offences in Singapore
  5. Plea Bargaining in Singapore: All You Need to Know
During Criminal Proceedings
  1. Making Objections at Trial in the Singapore Courts
  2. When is a Witness Testimony Unreliable in Singapore?
  3. Burden of Proof in Criminal and Civil Cases in Singapore
  4. Falsely Accused of a Crime in Singapore: Your Next Steps
  5. What is Acquittal & How Can One Be Acquitted in Singapore?
  6. Using the Defence of Diminished Responsibility in Singapore
  7. Death of a Party in a Legal Case in Singapore: What Happens?
  8. The "Unusually Convincing" Test in "He Said, She Said" Cases
  9. How to Adjourn or Postpone a Criminal Court Hearing
  10. TIC: Guide to Charges Taken Into Consideration in Singapore
  11. Can I Use the Defence of Intoxication in Singapore?
  12. When Can I Raise the Defence of Provocation in Singapore?
  13. Writing Character References For Court: What’s Their Purpose?
  14. Giving False vs. Wrong Evidence: What’s the Difference?
  15. Can I Represent Myself in a Criminal Court Case in Singapore and How?
  16. Claiming Trial as an Accused
  17. Pleading Guilty in Singapore: Consequences & Withdrawal of Plea
  18. The Defence of Unsound Mind in Singapore: What is It?
  19. Gag Orders in Singapore: Whose Identity Can be Protected?
  20. Mitigation Plea: How to Plead for Leniency in Court in Singapore
After Criminal Proceedings
  1. Recidivism: What Happens If You Reoffend in Singapore?
  2. Guide to Filing a Criminal Appeal in Singapore
  3. Criminal Motion: What is It and How to File One in Singapore
  4. Guide to Filing a Criminal Revision in Singapore
  5. Presidential Clemency in Singapore
  6. Repatriation or Deportation from Singapore: How Does It Work?
  7. Criminal Records in Singapore
  8. Visiting a Loved One in Prison or On Death Row in Singapore
  9. Getting Parole (Early Prison Release) in Singapore
Types of Sentences After Committing an Offence
  1. Fined for an Offence: What to Do If I Can't Afford to Pay Them?
  2. How Long Is Life Imprisonment in Singapore? And Other FAQs
  3. Corrective Training and Its Consequences in Singapore
  4. Consequences of Receiving a Stern Warning in Singapore
  5. Probation: Eligibility and Whether It Leaves a Criminal Record
  6. How Can Adult Offenders Get Probation in Singapore?
  7. Reformative Training in Singapore: When Will It be Ordered?
  8. Are You Eligible for a Mandatory Treatment Order (MTO)?
  9. Caning in Singapore: Judicial, School & Parental Corporal Punishment
  10. 7 Detention Orders in Singapore: When Will They be Ordered?
  11. Day Reporting Order: Eligibility and Offender's Obligations
Being a Victim
  1. Ragging and Bullying: Their Penalties and What Victims Can Do
  2. Laws Protecting Informers/Whistleblowers in Singapore
  3. Counterfeit Medicine/Health Products: Redress for Victims in Singapore
  4. Breach of Protection Orders: What Can Victims Do?
  5. Using Your Right to Self-Defence When Attacked in Singapore
  6. Compensation for Crime Victims in Singapore: How to Obtain
Offences Against the Human Body
  1. Voluntarily Causing Hurt Penalties in Singapore (Non-Arrestable)
  2. Murder vs Culpable Homicide in Singapore (and Penalties)
  3. Is Suicide Illegal in Singapore? Will I Be Punished for Trying?
  4. Kidnapping Scam: Penalties & Responding to a ‘Kidnap Call/Text'
Sexual Offences
  1. Rape Laws in Singapore and How Offenders Can Be Punished
  2. Sexual Misconduct in Singapore: Offences and What Victims Can Do
  3. Falsely Accused of Rape in Singapore: What to Do
  4. Incest and Family Sexual Abuse: Penalties and Victim Protection
  5. How are Sexual Offenders with Special Needs Penalised?
  6. Cybersexual Crimes in Singapore and Their Penalties
  7. Legal Age for Sex in Singapore and Common Sexual Offences
  8. Consent in Sexual Offences in Singapore and What Victims Can Do
  9. Accused of Molest: Outrage of Modesty in Singapore
  10. What Can Victims of Sexual Harassment in Singapore Do?
  11. What is the Law on Sexting in Singapore?
  12. Revenge Porn: What If Your Nudes are Leaked in Singapore?
  13. Crime of Voyeurism in Singapore (Penalties and Defences)
  14. Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked?
  15. STDs: Can I Go to the Police If a Partner Infected Me in Singapore?
Vice-Related Offences
  1. Alcohol Breathalyser Test in Singapore: Can You Refuse it?
  2. Are Sex Toys and Sex Dolls Legal in Singapore?
  3. Singapore's Legal Smoking Age & Common Smoking Offences
  4. Is Vaping Illegal in Singapore?
  5. Legal Drinking Age and Drinking-Related Laws in Singapore
  6. Is Watching, Downloading or Filming Porn Illegal in Singapore?
  7. Child Pornography in Singapore: Offences and Penalties
  8. Laws on Procuring Sex Workers & Sexual Services in Singapore
  9. Singapore's Drug Laws: Possession, Consumption and Trafficking
  10. Gambling Legally (at Home, in Public or Online) in Singapore
  11. The Offence of Human Trafficking in Singapore and Its Penalties
Property Offences
  1. Penalties For Buying Stolen Goods in Singapore
  2. Penalties for Committing Theft in Singapore
  3. Committing Robbery in Singapore: What are the Penalties?
  4. Penalties for Dishonest Misappropriation of Property in Singapore
  5. Vandalism Laws: Penalties for Damaging Property in Singapore
  6. Criminal Trespass in Singapore: What Happens If You’re Caught?
  7. Penalties for Littering Offences in Singapore
Cybercrime
  1. What is a POFMA Correction Direction and How to Appeal
  2. Penalties for Cheating/Scamming and What Victims Can Do
  3. Penalties for Impersonating Someone and Victim Redress
  4. Singapore Fake News Laws: Guide to POFMA (Protection from Online Falsehoods and Manipulation Act)
  5. Laws and Penalties for Doxxing in Singapore (With Examples)
White-Collar Crimes
  1. Tax Evasion in Singapore: Penalties and Examples
  2. Criminal Breach of Trust (CBT) in Singapore: What is It?
  3. All You Need to Know About Corruption in Singapore
  4. Anti-Money Laundering Laws and You
  5. 5 Things You Need to Know about Insider Trading
  6. Dishonest Assistance and Knowing Receipt: The Case of David Rasif
Road Offences
  1. Charged with a Traffic Offence in Singapore: What to Do
  2. DUI: Here are the Penalties for Drink-Driving in Singapore
  3. What Happens If You’re Caught Speeding in Singapore?
  4. Road Rage: What is It and How are Offenders Sentenced in Singapore
  5. Penalties for Dangerous Driving for Singapore Drivers
  6. Fatal Traffic Accidents: Are Drivers Always Punished?
  7. Guide to E-Scooter and PMD Laws for Singapore Riders
  8. Is it Legal for Drivers to Carpool in Singapore?
Animal-Related Offences
  1. Taxidermy of Animals in Singapore: Is It Legal?
  2. Legal and Illegal Pets in Singapore (HDB/Private Property)
  3. Is It Illegal to Feed Stray Animals in Singapore?
  4. Singapore Animal Abuse Offences, Penalties & How to Report
Offences Relating to Public Peace and Good Order
  1. Radicalisation and Terror Attack-Related Penalties in Singapore
  2. Causing a Public Nuisance in Singapore: What are the Penalties?
  3. Causing Public Alarm in Singapore: Examples & Penalties
  4. Public Assemblies and Processions in Singapore
  5. Misbehaving in Public: 5 Things You Need to Know
  6. Racial Enmity: Sections 298 and 298A Penal Code Explained
  7. Religious Cults in Singapore: Are they Illegal? Penalties & More
  8. Penalties for Financing Terrorist Operations in Singapore
Gang and Riot-related Offences
  1. Penalties for Unlawful Assembly and Rioting in Singapore
  2. Is Joining a Gang Illegal in Singapore?: Being Recruited and Penalties
  3. Organised Crimes: Penalties/Orders Syndicates Face in Singapore
Marriage-Related Offences
  1. Bigamy: Is It Legal to Marry a Married Person in Singapore?
  2. Marriage Offences in Singapore Involving Minors, Same-Sex, Etc.
  3. What are Sham Marriages and Are They Illegal in Singapore?
Certificate of Clearance
  1. How Do You Apply for a Certificate of Clearance in Singapore?
Other Criminal Offences
  1. Penalties for Abetting Minors or Committing Crimes Against Them
  2. Misusing the Singapore Flag and Other National Symbols
  3. Here are the Penalties for Committing Forgery in Singapore
  4. Arson and Fire-Related Offences and Their Penalties in Singapore
  5. Offences Against the Dead and What Family Members Can Do
  6. Laws on Prohibited, Replica and Self-Defence Weapons
  7. Laws to Tackle High-Rise Littering in Singapore
  8. Penalties for Attempting to Commit a Crime in Singapore
  9. Penalties for Assaulting a Person in Singapore
  10. Expats Charged With Offences in Singapore: What to Expect
  11. What are the Penalties for Hiring Phantom Workers in Singapore?
  12. What Are Ponzi Schemes? Are They Illegal in Singapore?
  13. Modification of Cars, Motorcycles, Etc: Is It Legal in Singapore?
  14. Penalties for Illegal Immigration and Overstaying in Singapore
  15. Criminal Intimidation: Penalties for Making Threats in Singapore