Understanding The Consequences Of Failing To Remain At An Accident Scene In Ontario

What Does Fail To Remain Mean In Ontario?

In Ontario, failing to remain at the scene of an accident can result in two types of charges: one under the Highway Traffic Act and the other under the Criminal Code of Canada.

Fail to Remain (under the Ontario Highway Traffic Act)

This is a provincial offence under HTA 200 (1), occurs when a driver involved in a collision does not remain at the scene, fails to exchange information, or does not provide assistance. This charge is typically associated with less severe incidents.

Failure to Stop at the Scene of an Accident (under the Criminal Code)

This is a more serious charge that applies when the circumstances of the accident involve significant harm or if there is an intent to evade legal responsibility. 

Under Criminal Code 320.16(1), failure to remain has much harsher consequences and can lead to imprisonment, a permanent criminal record, and other penalties, depending on the severity of the incident and the resulting damage or injury. 

Unlike the Highway Traffic Act, a criminal offence can occur anywhere, not just on the roadway.

What Is A Hit-And-Run?

In Ontario, a hit-and-run is defined by the Highway Traffic Act as a driver leaving the scene of an accident without meeting their legal obligations. These obligations include:

1. Staying at the scene or returning if you’ve left
2. Call the police for personal injuries or damage exceeding $5,000
3. Assisting everyone involved
4. Assessing the damage
5. Providing your contact information, driver’s licence, and insurance details

Leaving the scene without addressing these obligations can result in serious legal consequences, regardless of the accident’s severity.

Penalties For Failing To Remain At The Scene Of A Collision

In Ontario, the penalties for hit-and-run offences are severe. If convicted, you can face:

• 7 demerit points
• Fines from $400 to $2,000
• Driver’s licence suspension for up to 2 years, influenced by the offence’s severity and prior offences
• Possible jail time of up to 6 months, especially in cases involving injuries or fatalities
• Increased insurance rates, as insurers view this as a serious offence

Additional Legal Consequences:

Other charges may apply, such as those under the Highway Traffic Act or for failing to report an accident (which carries an additional 3 demerit points). These depend on the specifics of the incident.

Given the serious implications of a hit-and-run conviction, consulting a traffic ticket lawyer or paralegal is advisable. They can help you develop a strong defence, protect your driving record, and potentially reduce penalties or have charges dismissed.

Why Do Drivers Leave The Scene Of An Accident?

• Lack of Insurance: Some drivers operate their vehicles without insurance coverage, which can leave them in a state of panic when an accident occurs and prompt them to flee the scene.
• Impairment: If a driver is under the influence of drugs or alcohol, they may fear the repercussions of being charged with driving while impaired, leading them to abandon the scene in an attempt to evade legal consequences.
• Avoiding Insurance Involvement: Many drivers worry about a potential spike in their insurance premiums and prefer not to report the incident to their insurer, believing that fleeing will protect them from financial repercussions.
• Licence Suspension: Drivers who are aware that their licences are suspended may panic and flee in fear of further legal action, choosing to run rather than face the consequences.
• Involvement with Pedestrians: Incidents where a driver hits a pedestrian, the fear of facing serious criminal charges or even imprisonment for causing bodily harm can compel them to leave the scene in a desperate attempt to escape accountability.
• Unaware of the Accident: In some situations, a driver may be completely unaware that an accident has taken place, believing their vehicle struck nothing, which can lead to unintentional abandonment of the scene.

It is important to stress that the law mandates drivers to report any accident, regardless of the circumstances that might tempt them to flee. While there may be consequences for coming forward, the repercussions for leaving the scene, and receiving a ticket for failure to report an accident, can be far more severe and lasting.

5 Steps To Take After A Collision In Ontario

Stop and Stay  

Stop your vehicle at the scene of the accident or return if you have already left.

Assess the Situation  

Check for injuries and ensure that everyone is safe.

Contact Authorities  

Call the police if injuries or property damage exceed $2,000.

Exchange Information  

Provide your contact information, driver’s licence, and insurance details to everyone involved and to the police.

Report the Accident  

Report the incident to the authorities as soon as possible, providing as much detail as possible about the accident and the other vehicle.

Seek Legal Advice  

Consult with a hit-and-run lawyer or paralegal to understand your rights and options as soon as possible.

Traffic Law Experts Can Fight A Fail To Remain At The Scene Of An Accident Ticket

Consequences of Pleading Guilty  

Pleading guilty to a failure to remain at the scene of an accident charge in Ontario may seem like a quick fix, but it can lead to serious long-term consequences. Accepting the penalties may result in hefty fines, demerit points, licence suspension, or even jail time.

Seek Legal Advice Promptly  

Getting legal advice quickly is crucial when facing a hit-and-run charge. JUSTICEJOLT’s skilled traffic law team can help you understand your rights and navigate the legal system, enabling you to make informed decisions.

The Need for Professional Representation  

Defending yourself against a serious charge like a hit-and-run is risky. Without legal expertise, you may inadvertently weaken your case or incriminate yourself. Hiring a qualified traffic law expert increases your chances of a favourable outcome.

Recognizing Unique Cases  

Each hit-and-run case is unique. Understanding how Ontario courts treat these cases, especially concerning police evidence, is essential. Traffic paralegals and lawyers can craft a defence strategy tailored to your situation.

Navigating Legal Complexities  

Fighting hit-and-run charges involves navigating a complex legal landscape. Experienced professionals at JUSTICEJOLT can help you address every aspect of your case, increasing your chances of a successful resolution.