Failure to Stop at the Scene of an Accident
There is no legal requirement under the Criminal Code of Canada to remain at the scene
of an accident involving only a single motor vehicle, provided that no injuries have
occurred to any passengers of that vehicle. The Criminal Code mandates a driver to stay
at the scene of an accident only if another person or vehicle was involved.
In cases involving another person or vehicle, a person involved in an accident must
effectively communicate their name and address to the other party so that they can follow
up with the police or pursue a civil claim, ensuring they have the correct information.
Once this exchange is completed, the person has fulfilled their duties at the scene.
Section 320.16 of the Criminal Code of Canada places a personal obligation on the
individual involved in the accident to remain at the scene and provide assistance and
personal information as required by law. This duty generally cannot be delegated to
others, such as a passenger in the vehicle, unless there is a compelling reason to justify
leaving the scene without providing information. For example, a person in need of
immediate medical attention may have a valid reason to leave the scene without providing
their information to others involved in the accident.
The term “accident” in section 320.16 of the Criminal Code of Canada does not
necessitate actual physical damage before a person is obligated to stop and offer
assistance. Instead, an accident is considered to have occurred when any form of contact
takes place between two vehicles or between a vehicle and another person, not solely
when damage or injury is evident.
Even in cases where there is no occupant in the other vehicle (such as a parked car), there
is still an obligation for the driver to stop and make efforts to locate the driver or leave
their personal information. Failing to stop and make such efforts could result in a
conviction.
Penalties for failing to stop at the scene of an accident can vary from no jail time to a
maximum of life imprisonment, with a minimum punishment of a $1,000 fine for first-time
offenders if someone is injured or killed. The maximum penalty for all other cases is ten
years in jail with no minimum penalty.
During sentencing, a judge may also consider suspending the accused person’s driver’s
license in addition to jail time or a monetary fine. In all cases, the judge will evaluate the
specific facts of the allegation and the offender’s history.
The Ministry of Transportation in Ontario will automatically suspend a person’s driver’s
license for 12 months upon conviction for failing to remain at the scene of an accident,
regardless of any additional penalties imposed by the court.
For further information on Failure to Stop at the Scene of an Accident and other driving
related offences, contact us now.
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