Failure To Remain At The Scene Of A Car Accident in Ontario

What is remaining to fail at the scene of an accident?

Leaving the scene of a car accident means departing from the location where an accident occurred, whether you were at-fault or not. If you are involved in an accident and cause damage or injury without taking the legally required actions, you can be charged with failure to remain at the scene.

After an accident, all drivers are legally required to:

• Checking for injuries: Assessing the well-being of anyone involved, including yourself, passengers, and other drivers/pedestrians.
• Contacting emergency services: Call 911 or the equivalent emergency number if anyone is injured or if the accident requires police intervention.
• Exchanging information: You must provide your name, contact information, driver's licence, insurance details, and registration to the other involved parties. This also includes providing this information to law enforcement if they arrive.
• Remaining at the scene: Staying at the accident location until law enforcement arrives and releases you. Leaving before this can be considered fleeing the scene.

Example of failing to remain at the scene of an accident

Sarah accidentally sideswipes another car while making a turn, causing minor damage. Although shaken up, she panics and drives away instead of stopping to check on the other driver or exchange information.

This is a clear example of failing to remain at the scene of an accident, regardless of her intentions. The other driver may have injuries requiring immediate medical attention. Her actions led to serious legal consequences and an increase in her premium.

Legal consequences of failing to remain at the scene of a car accident

The Highway Traffic Act (HTA) and the Criminal Code of Canada govern accidents and driver responsibilities in Ontario. According to section 200 of the HTA, every driver involved in an accident must:

• Remain at the scene.
• Provide their name, address, driver’s licence, and auto insurance details to the other parties involved.
• Assist anyone who is injured.
• Contact the police if required (for example, if there are injuries or significant property damage).
• The penalties for failing to remain at the scene of an accident vary based on the severity of the situation and whether the charge falls under the HTA or the Criminal Code.

Highway Traffic Act penalties

• Fine: $400 to $2,000
• Demerit points: 7 points
• Licence suspension: Possible suspension for up to 2 years
• Jail time: Up to 6 months

Criminal Code penalties

If the failure to remain results in serious injury or death, charges could be laid under the Criminal Code (R.S.C., 1985, c. C-46). Penalties may include:

• Fines: At the court’s discretion
• Imprisonment: Up to 10 years (for injuries) or life imprisonment (if the accident results in death).
• Criminal record: A conviction could result in a permanent record, affecting employment and travel opportunities.

What is the punishment for failure to report and remain at the scene of an automobile accident?

Depending on the severity of the accident and the jurisdiction, penalties for failing to remain at the scene can be extremely harsh. These consequences extend far beyond a simple traffic ticket. You could face serious repercussions, such as:

• Criminal charges: Criminal charges are the most serious consequence. Depending on the injuries sustained by others involved, charges can range from misdemeanours to felonies. A misdemeanour might result in fines and jail time, while felony charges, especially if someone is seriously injured or killed, can lead to lengthy prison sentences.
• Fines: Even without serious injury, the fines for failing to remain at an accident can be substantial, often reaching thousands of dollars. These fines vary by state and based on the specifics of the incident.
• Suspensions: Your driver's licence is likely to be suspended or revoked. This means you will lose your driving privileges for a period, which could impact your job, daily life, and overall financial stability.
• Jail: Jail time is a very real possibility in cases involving serious injuries or fatalities. The length of the sentence depends on the severity of the accident and the judge's discretion.

Will a failure to remain at the scene penalty increase my insurance?

Insurers consider failure to remain at the scene of an accident a high-risk offence, which can result in significant premium increases – sometimes even doubling or tripling your rate. Sometimes, your coverage costs may double, impacting your finances for at least three years. Additionally, you may be classified as a high-risk driver, leading to higher rates and more difficulty obtaining coverage.

Leaving the scene of an accident almost guarantees that your insurance company will not cover any damages. You will be personally responsible for medical bills if you injure someone, which can amount to tens or even hundreds of thousands of dollars.

You will also need to pay for the repairs or replacement of the damaged vehicle(s), and defending yourself against criminal charges can lead to significant legal costs. Furthermore, the injured party or parties can sue you for damages, potentially resulting in substantial financial losses.

Leaving the scene of an accident is a serious offence

If you're involved in an accident, stay at the scene, follow the law, and seek legal advice if needed. Understanding your responsibilities and how to report a car accident, can help ensure everyone's safety on the road.