Fail to Remain at the Scene of an Accident in Ontario / Hit and Run Ontario
Failure to remain at the scene of an accident, also known as a hit and run charge or failing to remain at the scene of a collision, is a serious provincial offence under the Highway Traffic Act. The law requires that any driver involved in a collision must remain at the scene or return as soon as possible to exchange information and provide assistance to anyone who may be injured.
Whether the accident results in minor damage or significant consequences, failing to remain at the scene of a collision in Ontario can lead to severe penalties, including fines, demerit points, potential licence suspension and even jail time.
Fail to Remain Highway Traffic Act vs. Criminal Code
In Ontario, fail to remain charge can result in two different types of offences: 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 that occurs when a driver involved in a collision fails to remain, exchange information, or provide assistance at the scene. 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 where there is intent to evade legal responsibility. Failure to stop at the scene of an accident charge is much more severe, potentially leading to imprisonment, a permanent criminal record, and heavier penalties, depending on the seriousness of the incident and the resulting damage or injury. A criminal offence can happen anywhere, unlike the Highway Traffic Act, where the offence must occur on the roadway.
In this article, we’ll tell you only about failing to remain at the scene of a collision as a provincial offence.
What is a Hit and Run in Ontario?
In Ontario, under section 200 of the Highway Traffic Act (HTA), a hit and run is defined as an incident where a driver involved in an accident leaves the scene without fulfilling their legal responsibilities. The responsibilities are the following:
- Stay at the accident scene or return if you’ve already left.
- Call the police if there are any personal injuries or/and if the damage exceeds $2,000.
- Provide assistance to everyone involved in the accident.
- Assess the damage.
- Provide your contact information, driver’s license, and insurance details to the police or to anyone who has suffered a loss or injury.
These steps are legally required to ensure that all parties involved are properly assisted and that the incident is reported and documented according to the law.
A hit and run can involve various situations, such as colliding with another vehicle, hitting a pedestrian, or damaging property. Regardless of the severity, leaving the scene without addressing these obligations can lead to serious legal consequences.
Types of Scenarios Where a Hit and Run in Ontario Might Occur:
- Fail to remain causing death or injuries: If someone is injured or killed, the driver is legally required to stop and provide aid, including contacting emergency services. Failing to do so can result in not only severe provincial penalties but also criminal charges.
- Failure to remain at scene of accident involving property damage: Even if the incident only causes damage to property – such as a vehicle or a fence – the driver must stop and provide their information. Failing to remain at the scene in these situations is still a hit and run, and it is taken very seriously under Ontario law.
Reasons why drivers leave the accident scene:
- They operate a motor vehicle without insurance;
- They are impaired and are afraid to get charged for driving while impaired;
- They do not wish to involve their insurance company to avoid insurance premium hikes;
- They drive while under suspension;
- They hit a pedestrian(s) and are afraid of punishment (possibly going to jail in cases of dangerous operation of a motor vehicle resulting in bodily injuries);
- There are also instances where the driver may not have known that the accident had occurred.
Please note that the law requires drivers to report an accident regardless of the above reasons. Yes, it is possible to get charged for driving while impaired due to having to report an accident. But the punishment can be much more severe if you fail to return to the scene of the accident or fail to report accident in Ontario.
Penalty For Failure to Remain at the Scene of an Accident Ontario
The penalties for hit and run in Ontario are severe. So, upon conviction, you may face:
- 7 demerit points;
- fine from $400 to $2,000. The exact amount depends on the circumstances surrounding the accident and the judge’s discretion;
- driver’s licence suspension for up to a maximum of 2 years (suspension period depends on the severity of the offence and whether it is a repeat offence);
- possible jail time for up to 6 months (mainly for cases involving injuries or fatalities);
- insurance rate increase (insurance companies view this as a serious offence, which makes you a higher risk to insure).
Additional legal consequences: In certain cases, other charges might be added to a failure to remain Ontario offence, such as careless driving (under the Highway Traffic Act), dangerous operation of a motor vehicle (acc. to the Criminal Code) and/or failure to report an accident (3 demerit points). However, these additional charges depend on the specifics of the incident and are not automatically applied in every case.
As you can see, conviction for hit and run charges in Ontario is quite serious in terms of penalties and liability. Thus, the most appropriate here is to consult with a hit and run lawyer or paralegal to seek legal advice about your options.
A knowledgeable hit and run lawyer or paralegal will know how to provide you with the best possible defence and secure the cleanliness of your driving record for as long as possible while reducing your fines, demerit points, avoid hit and run licence suspension or help you get rid of the charge(s) entirely.
Fighting Fail to Remain at the Scene of an Accident in Ontario: Key Steps & Importance of Hit and Run Lawyers
If you’re facing an Ontario failure to remain at the scene of an accident charge, it’s essential to approach the situation strategically. Here’s a straightforward guide on what to do:
- Don’t plead guilty right away: It might seem tempting to resolve the situation quickly by pleading guilty and paying the ticket, but this can have long-term consequences. Pleading guilty means accepting the penalties, which can include hefty fines, demerit points, license suspension, and even jail time.
- Get legal advice immediately: The best course of action is to consult with a reliable hit and run accident lawyer or paralegal as soon as possible. They understand the legal landscape and can guide you through the process, ensuring you make informed decisions.
- Hire a professional: Defending yourself isn’t recommended. Without legal expertise, you risk incriminating yourself, mishandling evidence, or failing to challenge witnesses effectively. The consequences of not properly defending yourself could be severe – 7 demerit points, significant fines, a suspended licence, or even jail.
Every case is different, hence fighting hit and run charges in Ontario must be tackled by expert knowledge and knowing how the Ontario courts treat these cases when it comes to using police officer’s evidence and how to resolve these traffic tickets.
Process of Ontario Hit and Run Accidents Investigation
- Police start accident investigation.
- The police officer contacts the owner of the vehicle and invites them to the police station to clarify some peculiarities.
- Police may insist on your visit, but don’t do this without proper legal advice.
- Schedule a court date.
- Prior to your court date, your hit and run accident lawyer must attempt to get policeman’s evidence (video, audio, pictures, witness statements, police officer’s notes) and develop your own defence strategy.
Don’t wait – if the police contact you about failing to remain, call X-COPS hit and run lawyers right away for a free consultation. This is a serious charge that demands expert defence to protect your rights and ensure you get the right advice from the start.