Penalty for Leaving the Scene of an Accident in Ontario

Under the Criminal Code, a person charged with failure to stop at the scene of an accident may face a penalty of up to 10 years in prison following a conviction for an indictable offence, or up to two years in jail and a fine of up to $5,000 for a summary conviction.

A person convicted for failure to remain under the Ontario Highway Traffic Act may face a penalty that includes a fine of $400 to $2,000, an incarceration term of up to six months, or both fines and incarceration. Furthermore, a conviction may also result in a driver’s licence suspension of up to two years.

Understanding “Fail to Remain” Charges in Ontario

Under Ontario law, motorists must remain at the scene of a traffic accident if their vehicle has a crash with another vehicle, a bicycle, or a pedestrian. The motorist must remain at the scene until they discharge their obligations under the law, including helping anyone involved in the accident who has suffered injuries, appears in distress, or requests assistance, and providing the motorist’s personal, vehicle, and insurance information to the police, any witnesses, and anyone who suffered injury or property damage in the accident.

What is Considered “Fail to Remain”?

A person may face criminal prosecution for failing to remain at the scene of a motor vehicle accident if they do not stop at or immediately return to the accident scene following a crash or if they depart from the accident scene before helping others involved in the accident or providing personal/insurance information to police, witnesses, and other persons who suffered injuries or property damage due to the accident unless the driver has a reasonable excuse for failing to stop at, return to, or remain at the accident scene.

Criminal Code vs High Traffic Act: Legislative Differences

The Canada Criminal Code and the Ontario Highway Traffic Act contain subtle differences in their legislative requirements for drivers who get into motor vehicle crashes. Whereas the Highway Traffic Act requires drivers to remain at an accident scene and fulfill specific obligations, the Criminal Code focuses on not stopping or immediately returning to an accident scene. The differences between the Criminal Code and Highway Traffic Act for motorists involved in accidents include:

Criminal Code

The Criminal Code makes failure to stop after a highway accident a crime. Specifically, a motorist commits an offence when they know or recklessly disregard whether their vehicle has had an accident with a person or another vehicle and fail, without reasonable excuse, to stop their vehicle, provide their name and address to law enforcement or other parties involved in the accident, and offer to help anyone who appears injured or in need of assistance.

High Traffic Act

Under the Highway Traffic Act, a driver of a vehicle directly or indirectly involved in a traffic accident must:

• Remain at or immediately return to the scene of the accident.
• Render all possible assistance.
• Provide a written copy of their name, address, driver’s licence number/jurisdiction of issuance, motor vehicle liability insurance provider and policy number, vehicle permit number, and the name and address of the vehicle’s registered owner (if applicable) to any police officer, witness, or anyone who sustains property damage or injury in the accident.

Failing to fulfill these obligations constitutes an offence under the Act.

Failure to Report an Accident

Under the Highway Traffic Act, every driver directly or indirectly involved in an auto accident must report it to the nearest police officer and provide the officer with information concerning the accident if it results in personal injury or damage to property apparently exceeding an amount prescribed by regulations or if it involves any door of the vehicle contact a cyclist, bicycle, or moving vehicle while open. If the driver physically cannot make the required report and has a passenger in their vehicle, that passenger must make the report.

Investigation and Fail to Remain Charges

A driver who fails to stop or remain at an accident scene may become the subject of a criminal investigation, leading to failure to stop/remain charges under federal or provincial law. Police may identify a driver who fled or failed to remain at the scene of an accident through an investigation that uses evidence such as:

• Eyewitness statements
• Surveillance/traffic camera footage
• Dashcam footage
• Cell phone records
• Auto/body shop records
• Forensic evidence, such as analysis of tire treads or broken pieces from the fleeing driver’s vehicle

Defending Against Leaving the Scene of an Accident Charges

A person facing prosecution for leaving the scene of a motor vehicle accident may have certain defences they may pursue to avoid conviction on their charges, such as:

• Lack of actual or constructive knowledge that an accident occurred
• Reasonable excuse for failing to stop or return to the accident scene, such as rushing a severely injured occupant to the hospital
• Discharge of duties, such as by leaving one’s information in a written note attached to unattended/unoccupied damaged property

Understanding Your Rights and Obligations

At a motor vehicle accident scene, you must immediately stop or return to the scene and remain there until you render any assistance required by others involved and provide your information to those individuals, accident witnesses, or the police. Furthermore, motorists must promptly report any accident causing injuries or significant property damage to the nearest law enforcement officer or agency. However, as a motorist involved in an accident, you have the right to request information from the other drivers involved.

Additionally, under the Canadian Charter of Rights and Freedoms, you have the right not to answer questions or give information to police that prosecutors might use to charge you with a criminal offence. However, when reporting an accident to law enforcement, you must provide basic information, such as your personal and vehicle information, the accident’s date/time/location, and the number of other parties involved.

Get Help of a Seasoned Lawyer in Ontario

If you’ve been charged with failing to remain at a motor vehicle accident scene in Ontario, you need dedicated legal representation to protect your rights and interests. Contact Posner Craig Stein LLP today for a confidential consultation with a driving offences lawyer to discuss your legal options for pursuing a favourable resolution to your charges.