Getting involved in an accident is stressful enough, but leaving the scene can turn a bad situation into a legal nightmare. Hit and run charges in Ontario carry severe penalties, ranging from fines and licence suspensions to potential jail time. Whether the incident involves minor property damage or serious injury, understanding the legal landscape is crucial.
In this guide, we’ll explore what qualifies as a hit and run in Ontario, break down the penalties, and offer insights into the long-term effects on your record, insurance, and future. If you’re facing a hit and run charge or just want to be informed, this guide will provide the key information you need to handle the complexities of Ontario hit and run laws.
Hit and Run Ontario Law: Legal Framework of The Charge
In Ontario, a hit and run is legally defined under both the Highway Traffic Act (HTA) and the Criminal Code of Canada. It occurs when a driver involved in a collision fails to stop at the scene and fulfill their legal obligations, such as providing contact information or assisting any injured persons.
Specifically, Section 200 of the Highway Traffic Act (HTA) regulates the obligations of drivers involved in accidents. It mandates that any driver involved in a collision must:
- Remain at or immediately return to the scene of the accident.
- Render all possible assistance to anyone who may have been injured.
- Provide their name, address, driver’s license, insurance information, and vehicle details to the other parties involved.
Failure to do so under the HTA is considered an offence and can result in fines, demerit points, and possible licence suspension.
For more serious cases, such as those involving injury or death, the Criminal Code of Canada (Section 320.16) applies. Under this section, drivers who fail to stop at the scene of an accident where someone has been injured or killed may face criminal charges, which carry more severe penalties, including imprisonment.
What Constitutes a Hit and Run in Ontario?
A hit and run in Ontario involves any driver who fails to remain at the scene of an accident they are involved in, regardless of whether it is a minor fender bender or a major collision. The key elements that constitute a hit and run are:
- Failing to stop at the scene of the accident.
- Not providing the required information (name, address, insurance, and license details).
- Not rendering assistance to anyone injured in the accident.
Even if the accident occurs in a situation where no one is around (such as hitting a parked car), the driver must leave their contact details for the owner of the damaged property. Otherwise, they may be charged with a hit and run offence.
Obligations of Drivers Involved in an Accident
According to section 199 of the HTA, every driver involved in an accident is legally required to:
- Stop their vehicle immediately.
- Remain at the scene and take reasonable steps to identify themselves to the other parties involved, including providing their name, address, insurance, and driver’s license details.
- Assist any injured parties by calling emergency services and providing aid if necessary.
- Report the accident to the police if there is damage exceeding $2,000 or if there are injuries or fatalities.
Failing to meet these obligations can result in charges under both the HTA and the Criminal Code.
Examples of Hit and Run Charges in Ontario
Hit and run charges in Ontario can occur in various situations, and the severity of the offence depends on the circumstances and the participants involved. Here are common scenarios:
- Vehicle-vehicle collisions: These are the most frequent hit and run cases, where a driver hits another vehicle and leaves without stopping. This could involve rear-ending a car, sideswiping while changing lanes, or hitting a parked vehicle without providing information.
- Vehicle-pedestrian and vehicle-cyclist incidents: Hit and run charges become more severe when pedestrians or cyclists are involved, often raising questions like is a hit and run a criminal offense, especially in cases where injuries occur.
- Private property accidents: Hit and run laws in Ontario apply on private property, such as parking lots or driveways. Drivers must stop and exchange information after hitting another vehicle or property. Failing to do so can still lead to legal consequences.
- Damage to public or private property: If a driver damages public property (e.g., road signs, traffic lights) or private property (e.g., fences, garages), they must report the incident. Failing to take responsibility can result in hit and run charges.
In each of these situations, drivers are legally obligated to stop, provide information, and offer assistance when required. Leaving the scene without fulfilling these duties constitutes an Ontario hit and run charge.
Hit and Run Penalty Ontario
Penalties for hit and run in Ontario vary depending on the severity of the incident. The consequences can range from fines and demerit points to licence suspensions and imprisonment, depending on whether the case involves property damage, injuries, or fatalities.
The penalties for hit and run in Ontario differ depending on whether the offence falls under the Highway Traffic Act (HTA) or the Criminal Code of Canada.
Hit and Run Ontario Penalty Under the HTA
For minor hit and run offences, such as those involving only property damage, the penalties fall under the Highway Traffic Act (section 200):
- Fines: between $400 and $2,000.
- 7 demerit points added to the driver’s record.
- Licence suspension: A possible suspension of up to two years, depending on the severity of the offence and the driver’s history.
- Jail time: Up to six months, although this is generally reserved for more severe cases.
- Insurance impact: Significant increases in insurance premiums, as hit and run is considered a serious violation by insurers.
Ontario Hit and Run Penalty Under the Criminal Code of Canada
The penalties can be severe if you’re convicted for hit-and-run criminal charges under the Criminal Code of Canada. Here’s what you could face:
- Minimum fine: $1,000.
- Criminal record: A permanent criminal record (for life).
- Licence suspension: A minimum of 1 year, up to 10 years.
- Jail time:
- Summary conviction: Up to 2 years less a day.
- Indictable offence: Up to 10 years.
In all cases, the judge will consider the specific facts of the case and the prior record of the accused when determining the appropriate sentence.
Additionally, there are more serious types of “fail to stop” offences that involve aggravated circumstances, such as leaving the scene when the accident results in severe injury or death, which can lead to even harsher penalties, including possible life imprisonment.
Other Hit and Run Consequences Upon Conviction
A hit and run conviction in Ontario – whether under the Criminal Code or the Highway Traffic Act (HTA) – leads to several long-term consequences beyond the immediate penalties.
1. Criminal Record or Provincial Offence Record
- Criminal code conviction: A conviction results in a permanent criminal record, impacting your ability to travel internationally (such as to the U.S.), apply for specific jobs, and secure loans. This record stays for life unless a pardon (record suspension) is granted.
- Provincial offence (HTA): Although a hit and run under the HTA does not create a criminal record, it stays on your driving record forever. But it can be visible to insurance for 3 years.
2. Impact on Insurance
A hit and run conviction, whether criminal or under the HTA, will drastically increase your insurance premiums. You may be classified as a high-risk driver, resulting in:
- Higher premiums: Insurance costs can double or triple.
- Policy cancellation: Some insurers may refuse coverage entirely, leaving you with fewer, more expensive options.
3. Long-Term Financial Consequences
- Vehicle repair costs: Depending on the extent of damage, you may be personally responsible for paying the full repair costs if your insurance refuses to cover the claim due to the conviction.
- Property damage: If the hit and run involves damaging private or public property (such as fences, signs, etc.), you may be liable for the cost of repairs or replacement.
- Personal injury claims: If the other party involved was injured, you may face personal injury claims, which can lead to significant out-of-pocket costs if your insurance refuses to pay due to the hit and run conviction.
- Victim surcharge: Upon conviction, courts in Ontario impose a victim fine surcharge in addition to the regular fines. Typically it’s 15% of the total fine amount. For a $2,000 fine, this would add $300.
- Civil lawsuits: If the accident resulted in significant damage or injury, the other party may file a civil lawsuit against you. In these cases, the financial liability could far exceed the fines imposed by the court, covering medical expenses for injuries, loss of income due to the other party’s inability to work, pain and suffering damages, which can be substantial.
4. Employment Consequences of Hit and Run
A criminal conviction can block you from jobs requiring a clean driving record or background check, particularly in industries like transportation, government, or education. Even HTA offences can limit your ability to work in driving-related jobs.
Read more on the consequences of leaving the scene of a collision in Ontario.
What to Do If You’re Involved in a Hit and Run
Being involved in a hit and run can be a stressful and confusing experience. Knowing what to do immediately is essential to protect yourself legally and minimize consequences.
Immediate Steps for Drivers
Regardless of its severity, staying at the scene is crucial if you are the driver involved in an accident. Here’s what you should do:
- Stop your vehicle: The law requires you to stop immediately after the accident, no matter how minor. Fleeing the scene can result in severe penalties.
- Check for injuries: Ensure that no one is hurt. If there are injuries, call emergency services (911) right away. Your priority should be the safety of everyone involved.
- Exchange information: Provide your name, address, driver’s licence number, vehicle registration, and insurance information to the other party involved in the collision.
- Document the scene: Take photos of the vehicles, damage, and surrounding area. Make note of weather conditions and other relevant factors.
- Report to the police: If the accident results in injuries, fatalities, or property damage over $2,000, you must report it to the police. Failure to report may result in additional legal consequences.
- Again, do not leave the scene!
Legal Advice on Handling the Situation
- Contact a lawyer: If you fled the scene, consult a hit and run lawyer immediately. Voluntarily turning yourself in with legal advice can potentially reduce the severity of your charges.
- Cooperate with authorities: If police contact you, do not give statements without legal representation. Anything you say can be used against you in court.
- Document everything: Keep a detailed record of the accident, the people involved, any witnesses, and your actions afterward. This can be valuable in your defence.
- Consider insurance claims: If you are a hit and run victim, report the incident to your insurance company as soon as possible. They may be able to cover the damages, especially if you have coverage for uninsured motorists.
How to Fight a Hit and Run Charge in Ontario
Fighting hit and run charge Ontario requires professional legal representation. Simply explaining why you left the scene will not result in the charge being dismissed. Courts focus on the legal facts, and a lawyer is essential to handle the complexities of these cases. For more detailed strategies, read our guide on how to beat a leaving the scene of an accident ticket.
Key Reasons to Hire a Hit and Run Lawyer:
- Challenge the evidence: A lawyer can question the prosecution’s case, whether it’s proving you were the driver, knew the accident occurred, or left intentionally.
- Technical defences: Legal experts understand the rules of evidence and can use procedural errors or legal technicalities to weaken the prosecution’s case.
- Negotiation for lesser charges: A lawyer can negotiate to reduce your hit and run charge to a lesser offence, potentially minimizing penalties such as fines, licence suspensions and/or jail time.
Without a skilled hit and run lawyer, the likelihood of reducing or beating the charge is slim. Hiring a legal representative is crucial to ensure the best possible defence.
Trust X-COPS for Reliable Legal Representation
At X-COPS, we specialize in defending hit and run charges in Ontario. With our deep understanding of both the Highway Traffic Act and the Criminal Code, we are well-equipped to build a strong defence, ensuring that your driving record is protected and penalties are minimized.
We know that each case is unique, and we focus on the legal technicalities and evidence to give you the best chance for success. Whether it’s challenging the prosecution’s case or negotiating for a reduced charge, we work tirelessly on your behalf.
Our free initial consultation allows you to discuss your case with no obligation, giving you the guidance you need to understand your options. At X-COPS, you’re in expert hands, dedicated to achieving the best possible outcome for your case.