Failure to remain at scene of an accident

Failure to remain at the scene of an accident is a serious offence. Depending on the charge, a guilty person can receive a huge fine or even a jail sentence. This blog will look at the offence of failure to remain at the scene of an accident, its consequences and some possible defences.

What the law says about failure to remain at the scene of an accident

In the event of an accident, the driver has several duties they must perform to avoid legal trouble.

According to the Motor Vehicle Act, the driver must:

• remain at or immediately return to the scene of the accident
• provide assistance if necessary

They must also produce the following, in writing, to any other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a witness:

• their or her name and address
• the name and address of the registered owner of the vehicle
• the licence number of the vehicle
• relevant insurance information

Unattended vehicles 

The most likely scenario for a failure to remain is a driver colliding with an unattended vehicle or someone’s property. In both instances, the driver must find and notify in writing the person the owner or operator of the other vehicle, or the property owner.

The law states they must give the following information:

• the name and address of the driver, operator or another person in charge
• the name and address of the registered owner (if different from the driver)
• the licence number of the vehicle that struck the unattended vehicle

If the at-fault driver cannot find the owner of the vehicle they crashed into, they must leave a notice with all of the above information “in a conspicuous place”.

Criminal Code

Under the Criminal Code, failure to stop or remain at the scene of an accident, is a much more serious offence. It states that anyone who knows or is reckless as to whether they were involved in an accident with another person or conveyance and who fails to give their name and address and offer assistance to anyone who appears to be injured commits the offence.

Penalties for failure to remain at the scene of an accident

Under the Motor Vehicle Act, failure to remain at the scene of an accident can result in a fine of $368.

The Criminal Code offence of failure to stop or remain at the scene of an accident is punishable either as a summary and indictable convictions at the federal level. Summary convictions carry a jail sentence of up to two years. Anyone who receives a conviction on indictment is liable to up to 10 years in prison.

The Criminal Code offence of failure to remain or stop also applies anywhere, as opposed to the Motor Vehicle Act, which only applies to highways

Other consequences of the offence include a potential driving prohibition and penalty points. That means offenders have to pay more for their insurance.

What to do if you are charged with failure to stop/remain

If you are charged with failure to remain at the scene of an accident you should seek legal help. It is a serious offence with some heavy penalties. But don’t panic. There might be defences that are available to you.

Acumen Law Corporation has a wealth of experience helping clients who have been accused of this offence. Call us now for a free consultation on 604-685-8889.